This chapter provides definitions of terms and phrases used
in these Zoning Regulations that are technical or specialized, or
that may not reflect common usage. If any of the definitions of this
chapter conflict with the definitions in other provisions of the municipal
code, these definitions shall control for purposes of these Zoning
Regulations. Other words not defined in this chapter shall have the
same meaning as provided in a standard dictionary.
(Ord. 526 § 1, 2010)
The following definitions apply to this title:
Accessory dwelling unit:
An attached or detached dwelling unit which provides complete
independent living facilities for one or more persons, with permanent
provisions for living, sleeping, eating, cooking, and sanitation sited
on the same parcel as the primary dwelling unit.
Adult-oriented business:
1.
Adult-oriented arcade:
Any commercial establishment to which the public is permitted
or invited wherein coin-operated, slug-operated or for any form of
consideration, electronically, electrically or mechanically controlled
still or motion picture machines, projectors, video or laser disc
players, or other image producing devices that are maintained to show
images to persons, and where the images so displayed are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
2.
Adult-oriented business:
Any adult-oriented book, novelty or video store; adult-oriented
motion picture theater, adult-oriented hotel or motel, adult-oriented
arcade, adult-oriented cabaret, adult sexual encounter center, or
any other business establishment which offers its patrons services
or entertainment of which a preponderance of the business is characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
3.
Adult-oriented bookstore, adult-oriented novelty store or adult-oriented
video store:
A commercial establishment for which a preponderant portion
of the stock in trade offers for sale or rental for any form of consideration
any one or more of the following:
a.
Books, magazines periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, any
material in digital format [including, but not limited to, compact
disc (CD) or digital video disc (DVD)], slides, or other visual representations
which are distinguished or characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas; or
b.
Instruments, devices or paraphernalia, except for clothing,
which are designed for use in connection with specified sexual activities.
4.
Adult-oriented cabaret:
A nightclub, bar, restaurant or similar commercial establishment
which, as a regular and substantial course of business, features live
entertainment including go-go dancers, exotic dancers, strippers,
male or female impersonators, or similar entertainers whose performances
are distinguished or characterized by an emphasis on specified sexual
activities or exposing specified sexual anatomical areas.
5.
Adult sexual encounter center:
Any business, agency or person who, for any form of consideration
or gratuity, provides a place where persons may congregate, assemble
or associate for the purposes of engaging in specified sexual activities
or exposing of specified anatomical areas by persons therein.
6.
Adult-oriented hotel or motel:
A hotel or motel wherein material is presented that is distinguished
or characterized by an emphasis on depicting or describing specified
sexual activities or specified anatomical areas and that excludes
minors by virtue of age.
7.
Adult-oriented motion picture theater:
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are distinguished or characterized
by an emphasis upon the depiction of specified sexual activities or
specified anatomical areas for observation by patrons therein.
8.
Specified anatomical areas:
Means and includes the following:
a.
Less than completely and opaquely covered by fabric: (i) human
genitals or pubic region; (ii) human buttocks; (iii) human anus; (iv)
the female breast below a point immediately above the top of the areola;
b.
Human genitals in a discernibly turgid state, even if completely
or opaquely covered by fabric; and
c.
Any device, costume or covering that simulates any of the body
parts included in paragraph a or b above.
9.
Specified sexual activities:
Means and includes any of the following, whether performed
directly or indirectly through clothing or other covering:
a.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breast; sex acts, actual or simulated,
including, but not limited to, intercourse, oral copulation, or sodomy;
b.
Masturbation, actual or simulated; and
c.
Excretory functions as part of or in connection with any of
the other activities described in subsection 8 or 9 above.
Alley:
A public or private right-of-way or easement not more than
30 feet wide that primarily provides secondary access to abutting
property.
Apartment hotel:
A building designed for or containing both apartments and
individual hotel guest rooms under resident supervision and an inner
lobby through which tenants must pass to gain access to apartments
and hotel rooms.
Bed and breakfast inn:
A single-family residence or detached quest house to a single-family
residence that provides guest rooms, without individual kitchen facilities,
for temporary sleeping accommodations for overnight guests. It may
also include meal service that is limited to overnight guests.
Boarding house:
A one-family residence that provides lodging or lodging and
meals for compensation. This does not include bed and breakfast inn
or residential care home.
Building:
Any structure having a roof supported by columns or walls,
used for or intended for use for the shelter or enclosure of persons,
animals or chattels.
Building, accessory:
A building which is used in support of or accessory to the
main building on a lot.
Building frontage:
The building elevations which front on a public street, or
customer parking area.
Building, main:
A building or buildings within which is conducted the principal
use of the lot upon which it is situated.
Building site:
One or more lots under common ownership or control occupied
or intended to be occupied by a main building or buildings, and accessory
buildings or by a use, together with all parking areas and other open
spaces.
Car wash:
The use of a site for washing and cleaning of passenger vehicles,
recreational vehicles or other light duty equipment.
Car wash, self-service:
A car wash wherein the customer provides labor and where
no self-propelled wash racks are provided.
Cemetery:
Land used or intended to be used for the burying of the dead.
This includes columbariums, crematoriums, mausoleums and funeral establishments
when within the boundary of such cemetery.
Church:
See "Place of religious worship."
City:
The City of Live Oak.
City Manager:
The City Manager of the City of Live Oak or designee.
Clear vision triangle:
A triangular area located at the intersection of two streets,
a street and a railroad, a street and an alley or a street and a driveway;
two sides of which are measured from the corner intersection for a
distance specified in this title. The third side of the triangle is
a line across the corner of the lot joining the ends of the other
two sides. Where the lot lines at intersections have rounded corners,
for measurement purposes the lot lines will be extended in a straight
line to a point of intersection.
Condominium:
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 in a residential, commercial or industrial building
on the real property.
Day care facilities:
1.
Day care home, small:
A residence licensed by the California State Department of
Social Services where the occupant provides child day care for periods
of less than 24 hours for eight or fewer minor children, including
children under the age of 10 years who reside in the residence.
2.
Day care home, large:
A residence licensed by the California State Department of
Social Services where the occupant provides child day care for periods
of less than 24 hours for nine to 14 minor children, including children
under the age of 10 years who reside in the residence.
3.
Day care center:
A facility licensed by the California State Department of
Social Services that provides day care to 15 or more minor children
for periods of less than 24 hours in a nonresidential building. Includes,
but is not limited to, infant centers, preschools, sick-child centers
and school age day care facilities
Deck:
A platform, either freestanding or attached to a building
that is supported by pillars or posts.
Development agreement:
A contract between the City of Live Oak and an applicant
for a development project, in compliance with State law.
Duplex:
See "Two-family residence."
Emergency shelter:
Housing with minimal supportive services for homeless persons
that is limited to occupancy of six months or less by a homeless person.
Family:
One or more persons living together in a dwelling unit, with
common access to, and common use of all living, kitchen, and eating
areas within the dwelling unit.
Golf course/country club:
Public and private golf courses and accessory facilities
and uses including club-houses with bar and restaurant, locker and
shower facilities, driving range, pro-shop for the sale of golfing
equipment and golf cart sales and rentals.
Guest house:
A residential accessory building to a single-family residence
with living and sleeping quarters, but without kitchen facilities,
for the use of family, nonpaying guests, or servants of the occupants
of the main building and not rented or otherwise used as a separate
residence.
Half-plex:
Two one-family residences, attached by a common wall, each
being on a separate lot (a duplex with each unit being under separate
ownership).
Height, structure:
The vertical distance from the average level of the highest
and lowest point of that portion of the lot covered by the structure
to the top most point of the roof.
Home occupation:
A commercial activity or business service conducted on the
same lot containing a residence, only by the inhabitants thereof,
in a manner clearly incidental to the residential character of the
lot.
Hotel or motel:
A building or portion of a building containing five or more
guest rooms or suites, provided with or without meals or kitchen facilities,
rented to the general public for overnight or temporary stay (less
than 30 days). Also includes accessory guest facilities including
swimming pools, tennis courts, indoor athletic facilities and accessory
retail uses.
Junior accessory dwelling unit:
A unit that is contained entirely within an existing single-family
structure. A junior accessory dwelling unit may include separate sanitation
facilities, or may share sanitation facilities with the existing structure.
Kennel:
Any lot where five or more dogs aged 10 weeks or older are
kept, whether owned by the residents, boarded, trained or bred. Does
not include pets for sale in pet shops, patients in a veterinary clinic
or pet grooming facilities with no boarding facilities.
Kitchen:
A room or space within a building used or intended to be
used for the cooking or preparation of food, which includes both a
refrigerator and cooking facilities. Does not include outdoor cooking
facilities.
Lot:
A recorded lot or parcel of real property under single ownership,
lawfully created as required by applicable Subdivision Map Act and
City ordinance requirements, including these Zoning Regulations.
Lot line types:
1.
Lot line, front:
The lot line abutting a street. In the case of corner lots,
only one street line shall be considered as a front lot line, as determined
by the Building Official upon issuance of a building permit or the
demarcation made on a final or parcel map. In the case of through
lots both lot lines are considered front lines and there is no rear
lot line.
3.
Lot line, rear:
The line which is opposite and most distant from the front
lot line. In the case of an irregular or triangular shaped lot, a
line 10 feet in length within the lot parallel to and at the maximum
distance from the front lot line.
Lot types:
1.
Corner lot:
A lot located at the junction of two or more streets, or
upon two parts of the same street and the parts of the street form
an angle of less than 135 degrees.
2.
Flag lot:
A lot that has access to a public right-of-way only by a
narrow driveway that is located between abutting lots.
4.
Through lot:
A lot having frontage upon two parallel or nearly parallel
streets.
Manufactured home:
A residence that is either wholly or partially constructed
or assembled off-site in compliance with State law, and certified
under the National Manufactured Housing Construction and Safety Standards
Act of 1974. This does not include recreational vehicles, trailers
or motor homes.
Manufactured home park:
A building site where two or more manufactured homes or manufactured
home sites, or any combination thereof are rented or leased, or offered
for rent or lease.
Nonconforming:
1.
Nonconforming lot:
Any lawfully created lot which does not comply with current
lot area or lot dimensions of the zone district in which it is located.
2.
Nonconforming sign:
A sign that was lawfully erected or displayed, but does not
conform to currently applicable development standards prescribed in
the zone district in which it is located.
3.
Nonconforming structure:
A structure or portion of a structure which was lawfully
constructed, erected or altered, but does not conform to the currently
applicable development standards prescribed in the zone district in
which it is located.
4.
Nonconforming use:
A use of a lot and/or structure which was lawful at the time
of its establishment but does not conform to the currently applicable
zoning regulations prescribed in the zone district in which it is
located.
Official plan line:
A boundary describing the ultimate width or alignment of
a public street or highway, adopted by the City Council or California
Department of Transportation.
Person:
Any individual, firm, partnership, corporation, company,
association, joint stock association, district, city, county, or state
and includes any trustee, receiver, assignee or other similar representative
thereof.
Place of religious worship:
A building(s) wherein persons regularly assemble for religious
worship and which is controlled and maintained by a religious body
organized to sustain public worship, together with all accessory buildings
and uses associated with a church such as schools, day care facilities,
offices, residences and halls.
Quasi-public use:
A use that is often publicly owned and operated, but also
may be under private or non-profit ownership. For example a hospital
or golf course may be publicly owned and operated or may be owned
and operated by a nonprofit or for-profit organization.
Residence:
A building or portion thereof designed for occupancy by one
family for living purposes, having only one kitchen.
Residence, group:
A group of two or more detached single-family, two-family
or multiple-family residences, other than a manufactured home park,
occupying a building site in single ownership and having any yard,
open space or court in common.
Residential care home:
A residence licensed by the Federal or State government that
provides 24-hour nonmedical care for unrelated persons who are handicapped
and in need of personnel services, supervision; assistance for sustaining
activities of daily living; for the protection of the individual in
a family like environment. This does not include day care facilities,
which are separately defined.
Residential care home, large:
A residential care home for seven to 12 children, elderly
and/or mentally or physically disabled persons, not including members
of the family or employees of the operator, that is certified, authorized
or licensed by the State.
Residential care home, small:
A residential care home for up to six children, elderly and/or
mentally or physically disabled persons, not including members of
the family or employees of the operator which are certified, authorized
or licensed by the State.
Senior congregate care facility:
A facility providing residence for senior citizens 60 years
of age or older or handicapped people of any age. Care may include
central kitchen and dining, laundry, recreational activities, etc.
with separate bedrooms or living quarters. Nursing is not provided
on a 24-hour basis.
Sign:
A structure, device, figure, display, message placard or
other contrivance, or any part thereof, situated outdoors or indoors,
which is designed, constructed, intended, or used to advertise, or
to provide information in the nature of advertising, to direct or
attract attention to an object, person, institution, business, product,
service, event or location by any means, including words, letters,
figures, designs, symbols, fixtures, colors, illumination or projected
images. This does not include murals, paintings and other works of
art that are not intended to advertise or identify any business product.
Types of signs and sign terminology include the following:
2.
A-frame sign:
A freestanding sign, not secured or attached to the ground,
usually hinged at the top, or attached in a similar manner as to form
an "A" or tent shape.
3.
Awning sign:
A nonelectric sign that is printed or painted on or attached
to an awning or canopy.
4.
Banner, flag, pennant or balloon:
Any cloth, bunting, plastic, paper or similar nonrigid material
used for advertising purposes attached or pinned on to any structure,
staff, pole, line, framing or vehicle, including captive balloons
and inflatable signs. This does not include flags of a state or nation
or political subdivision.
5.
Bench sign:
A sign located on the seat or back of a bench or seat and
placed on or adjacent to a public right-of-way.
7.
Changeable copy sign:
A sign designed to allow changing of copy through manual,
mechanical or electrical means, not including date, time and temperature.
This does not include electrical message signs with moving letters
or signals.
8.
Civic event sign:
A temporary sign posted to advertise a civic event sponsored
by a public agency or similar noncommercial organization.
9.
Developer/contractor sign:
A temporary sign erected on a lot on which construction is
taking place, limited to the duration of the construction, indicating
the names of the architect, engineer, landscape architect, contractor,
and the owner, financial supporters, sponsors, and similar firms having
a role or interest in the project.
10.
Directional sign:
An on-site sign which is designed and erected solely for
the purpose of directing vehicular and/or pedestrian traffic within
the project.
11.
Directory sign:
A sign for listing the tenants and their suite numbers of
a multiple tenant structure or center.
12.
Electronic message board:
A sign with a fixed or changing display/message composed
of a series of lights that maybe changed through electronic means.
Does not include date time and temperature signs.
15.
Lighted signs:
a.
External: A sign illuminated by light directed toward or across
it or by backlighting from a source not within the sign. Typical forms
of lighting are gooseneck lamps or spotlights.
b.
Internal: A sign whose light source is located in the interior
of the sign so that the light goes through the face of the sign.
16.
Monument sign:
A freestanding sign placed upon a solid base that is at least
two-thirds the width of the sign, and not supported by poles, braces
or uprights.
17.
Off-site sign:
A sign that advertises or informs in any manner businesses,
services, goods, persons, locations or events at a building site other
than upon which the sign is located. Off-premises sign, billboard
and outdoor advertising signs are equivalent terms.
18.
Political sign:
A temporary sign directly associated with national, state
or local elections.
19.
Pole sign:
A freestanding sign that is mounted on a pole or poles, columns
or braces.
20.
Projecting sign:
Any wall sign affixed to a building wall in such a manner
that its leading edge extends more than six inches beyond the surface
of such building wall.
21.
Real estate sign:
A temporary sign that relates to the sale, lease or rental
of property or building on which the sign is located.
22.
Roof sign:
A sign erected, constructed or placed above the eaves of
a building.
23.
Special event sign:
A sign including, but not limited to, banners, flags, pennants
and balloons intended to be erected on a temporary basis, and displayed
for a limited period of time, to promote a new business, the sale
of new products, new management, new hours of operation, a new service
or to promote a sale.
24.
Suspended sign:
A sign that is suspended from the underside of a canopy,
portico or like structure.
25.
Vehicle sign:
A sign which is attached to, or painted on or carried in
a vehicle, the principal purpose of which is to attract attention
to a product sold, an activity or business.
26.
Wall sign:
A sign painted or fastened to an exterior building wall and
which does not project more than six inches from the wall.
27.
Window sign:
Any sign painted, placed or affixed to or on a window, intended
to be seen from the exterior of the building. An interior sign that
faces a window exposed to public view and located within three feet
of the window is considered a window sign.
Story:
That portion of a building between the surface of any floor
and the surface of the floor next above it, or if there is no floor
above it, the space between the floor and the ceiling above it.
Structural alteration:
Any change of the supporting members of a building or structure,
such as the foundation, bearing walls, columns, beams or girders,
floor joists or roof rafters.
Structure:
Anything constructed or erected, the use of which requires
a permanent location upon the ground or attached to something on the
ground.
Structure, accessory:
A structure that is detached, but located on the same lot
as the primary structure, and that is secondary and incidental to
the primary structure.
Tandem parking:
The placement of parking spaces one behind the other, so
that the space nearest the driveway or street access serves as the
only means of access to the other space.
Transitional housing:
Housing with supportive services for up to 24 months that
is exclusively designated and targeted for recently homeless persons.
Use:
The purpose for which a building, structure or lot are designed,
arranged or intended, or for which they may be occupied or maintained;
or for any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or lot.
Use, accessory:
A use that is conducted on the same lot as the primary use
and that is incidental and subordinate to the primary use.
Use, primary:
The main purpose for which the building site is developed
and occupied.
Yard:
An area which is unoccupied and unobstructed by any structure
from the ground upward except for encroachments permitted by the provisions
of this title. Types of yards include the following:
1.
Front yard:
A yard extending along the full length of a front lot line
measured from either the existing or future street right-of-way line
to a depth required by the zone district in which the lot is located.
2.
Interior side yard:
A yard extending along an interior side lot line from the
front lot line to the rear lot line and to a depth required by the
zone district in which the lot is located.
3.
Rear yard:
A yard extending along the full length of the rear lot line
to a depth required by the zone district in which the lot is located.
4.
Street side yard:
A yard extending along a street side lot line from the front
lot line to the rear lot line measured from the existing or future
street right-of-way line to a depth required by the zone district
in which the lot is located.
(Ord. 526 § 1, 2010; Ord. 581 § 3, 2022)