"Accessory billiard use" means a use consisting of not more
than four coin/token, time-rented or free-play billiard tables which
are secondary and incidental to the primary use. The floor area devoted
to accessory billiard use shall not exceed fifty percent of the total
floor area of the establishment.
(Ord. 1072 § 1, 1997)
"Accessory building" or "accessory structure" means a detached
subordinate building or structure, the use of which is incidental
to that of the predominate use of the land, and which is located in
the same or less restrictive zone on the same lot or parcel with the
predominate building, structure or use.
(Ord. 37 § 120, 1961; Ord. 659 § 2, 1979)
"Accessory game arcade" means a use consisting of a maximum
of six token- or coin-operated games of skill which are secondary
and incidental to:
A.
A restaurant,
including pizza parlor, but not including other types of fast-food
restaurants; or
(Ord. 911 § 12, 1990)
A massage practice which is secondary and incidental to a primary use allowing the following businesses to offer accessory massages: health clubs, day spas, gyms, beauty salons, barber shops, chiropractor offices, physical therapy offices, medical doctor offices, hospitals and similar uses provided that the accessory massage shall be less than fifty percent of the floor area. Any change to this definition will change the definition of accessory massage in Chapter 5.08.
(Ord. 1085 § 8, 1998; Ord. 1185 § 1, 2008)
"Accessory snack shop" means an accessory use generally not
exceeding three hundred square feet in sales area, to a permitted
or conditionally permitted use, which sells readily consumable food
products, and fountain drinks, or an individual serving size. The
accessory use shall draw a significant number of its customers from
the primary use. Sales of alcoholic beverages is prohibited.
(Ord. 1170 § 4, 2007)
"Aircraft" means any contrivance, now known or hereafter invented,
for use or designed for navigation of or flight in the air.
(Ord. 37 § 121, 1961)
"Airport" means any area of land or water which is used or intended
for use for the landing and taking off of aircraft and any appurtenant
areas which are used or intended for use for airport buildings or
other airport facilities or rights-of-way, together with all airport
buildings and facilities located thereon.
(Ord. 37 § 122, 1961)
"Apartment house" means any building, or portion thereof, which
is designed, built, rented, leased, let or hired out to be occupied,
or which is occupied as the home or residence of three or more families
living independently of each other and doing their own cooking in
the building, and shall include flats and apartments.
(Ord. 37 § 123, 1961)
"Automobile storage space," when required by this title, means
any permanently maintained space of not less than one hundred forty-four
square feet of usable area and not less than eight feet wide at any
place, on the same lot or parcel of land as is located the structure
it is designed to serve, so located and arranged as to permit the
storage of, and be readily accessible under its own power to, a passenger
automobile of average size.
(Ord. 37 § 125, 1961)
"Basement" means that portion of a building which is partly below and partly above grade (as defined in Section 18.08.250), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
(Ord. 37 § 126, 1961)
"Borrow pit" means any place or premises where grit, soil, sand,
gravel or other material is removed by excavation or otherwise below
the grade of surrounding land for any purpose other than that necessary
and incidental to grading or to building construction or operation
on the premises.
(Ord. 37 § 127, 1961)
"Building" means any structure built for the support, shelter
or enclosure of persons, animals, chattels or property of any kind.
(Ord. 37 § 128, 1961)
"Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade (as defined in Section 18.08.250) and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
(Ord. 37 § 129, 1961)
"Chapter" means a chapter of this title unless some other statute
or ordinance is mentioned.
(Ord. 37 § 130, 1961)
"City administrator" shall be deemed to mean "city manager."
(Ord. 37 § 130.1, 1961)
"Commission" means the planning commission of the city.
(Ord. 37 § 131, 1961)
"Community care facility" means any facility, place or building
which is maintained and operated to provide nonmedical residential
care, day treatment or adult day care, including, but not limited
to, the physically handicapped, mentally impaired, incompetent persons
and abused or neglected children, and includes:
1.
"Residential
facility" means any family home, group care facility or similar facility,
for twenty-four hour nonmedical care of persons in need of personal
services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual.
2.
"Residential
care facility for the elderly" means a housing arrangement chosen
voluntarily by persons sixty years of age or over, or their authorized
representative, where varying levels and intensities of care and supervision,
protective supervision, personal care or health-related services are
provided, based upon the person's varying needs, as determined in
order to be admitted and to remain in the facility.
Community care facility shall not include any alcoholism or
drug abuse recovery facility, which is defined separately in this
code.
(Ord. 1193 § 1, 2010)
"City" means the city of San Dimas.
(Ord. 37 § 131.1, 1961)
"Coin-operated game of skill or amusement" means any table-based
or wall-mounted game for entertainment purposes. Typical coin-operated
games of skill include but are not limited to: pinball, shooting galleries,
air hockey, football, electronic games and electronic screen games.
Pool tables and billiard tables are not considered coin-operated games
of skill or amusement.
(Ord. 37 § 131.2, 1961; Ord. 645 § 1, 1978)
"Convenience store" means a primary use which sells consumable
food products and food prepared on site, as well as other goods in
an assortment of sizes. Sales of alcoholic beverages may be permitted
with proper conditional use permit approvals.
(Ord. 1170 § 4, 2007)
"County" means the county of Los Angeles.
(Ord. 37 § 132, 1961)
"Dairy" means premises where three or more cows, three or more
goats, one or more cows and two or more goats, or two or more cows
and one or more goats are milked.
(Ord. 37 § 160, 1961)
Density shall be based upon lots size and shall be determined
by dividing the net usable area of the parcel to be subdivided or
parcelized by the required lot area. "Net usable area" is that area
of a parcel exclusive of streets, alleys and similar public rights-of-way.
(Ord. 1007 § 2, 1993)
"Detached living quarters" means living quarters within a detached
accessory building located on the same premises as the main building,
for use by temporary guests of the occupants of the premises. Such
accessory building shall have no plumbing or plumbing facilities of
any kind except for space heating, air conditioning, toilet or bath.
(Ord. 37 § 134, 1961; Ord. 1007 § 2, 1993)
"Director" means the director of community development.
(Ord. 1307, 5/28/2024)
"Domestic animal" means an animal which is commonly maintained
in residence with man.
(Ord. 37 § 135, 1961; Ord. 1007 § 2, 1993)
"Donation box" means a kiosk, bin, portable container or similar
facility used for the collection of new or used items such as clothing,
shoes and apparels.
(Ord. 1307, 5/28/2024)
"Dwelling unit" means a building or portion thereof either designed
or used as living quarters of one person living alone or a group of
two or more persons living together whether related to each other
by birth or not.
(Ord. 37 § 136, 1961; Ord. 1007 § 2, 1993)
"Flag lot" means a lot which does not abut or have access to
a public road, other than by a narrow right-of-way which is part of
the otherwise wider lot and which constitutes a significant portion
of all of the width of the lot where the right-of-way is located.
(Ord. 37 § 136.1, 1961; Ord. 797 § 1, 1983; Ord. 1007 § 2, 1993)
"Emergency shelter" means housing with 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.
(Ord. 1193 § 1, 2010)
"Floor area ratio" means the numerical value obtained through
dividing the gross floor area of the building or buildings located
upon a lot or parcel of land by the total area of such lot or parcel
of land.
(Ord. 37 § 137, 1961; Ord. 1007 § 2, 1993)
"Freeway" means a highway in respect to which the owners of
abutting lands have no right of access to or easement of access to
or from their abutting lands, or in respect to which such owners have
only limited or restricted right of easement of access and which is
declared to be such in compliance with the Streets and Highways Code
of the state; including principal roadways, interchange roadways connecting
one freeway with another, and ingress and egress ramps connecting
the freeway with other highways, but not including frontage roadways.
(Ord. 37 § 138, 1961; Ord. 1007 § 2, 1993)
"Landscaped freeway" means a section or sections of a freeway
which is now, or hereafter may be, improved by the planting, at least
on one side of the freeway right-of-way, of lawns, trees, shrubs,
flowers or other ornamental vegetation which shall require reasonable
maintenance.
(Ord. 37 § 138.1, 1961; Ord. 130 § 1, 1965; Ord. 1007 § 2, 1993)
"Front yard setback" means a yard extending across the front
of a lot measured between the side yard lines and being the minimum
horizontal distance between the highway line and the main building
and any projection thereof. On corner lots the commission shall determine
which is the front yard. In the absence of such determination, the
front yard shall be provided on the highway upon which the front of
the building faces. A yard, no portion of which is in the C-1 zone,
adjoining a highway, to which, from such yard, there is no right of
access of any kind, pedestrian or vehicular, shall not be deemed to
be a front yard.
(Ord. 37 § 139, 1961; Ord. 1007 § 2, 1993)
"Grade" or "ground level" means the average grade of the finished
ground level at the center of all walls of a building. In case walls
are parallel to and within five feet of sidewalks, the aboveground
level shall be measured at the sidewalks.
(Ord. 37 § 140, 1961; Ord. 1007 § 2, 1993)
"Habitable building" means a building or a portion thereof either
designed, built, rented, leased, used or occupied as living quarters
of one person living alone or a group of two or more persons living
together, and includes detached living quarters, trailers and mobile
home units.
(Ord. 37 § 140.1, 1961; Ord. 1007 § 2, 1993)
"Height" means the vertical distance from the grade to the highest
point of the coping of a flat roof or to the average height of the
highest gable of a pitch or hip roof. In calculating the height, roof
structures which comply with Chapter 36 of the building code shall
not be considered.
(Ord. 37 § 141, 1961; Ord. 1007 § 2, 1993)
"Hog ranch" means any premises where three or more weaned hogs
are maintained.
(Ord. 37 § 142, 1961; Ord. 1007 § 2, 1993)
"Homeless person(s)" means an individual who lacks a fixed,
regular, and adequate nighttime residence and/or an individual who
has a primary nighttime residence that is:
A.
A supervised,
publicly or privately operated shelter designed to provide temporary
living accommodations (including welfare hotels, congregate shelters,
and transitional housing for the mentally ill);
B.
An
institution that provides a temporary residence for individuals intended
to be institutionalized; or
C.
A public
or private place not designed for, or ordinarily used as, regular
sleeping accommodation for human beings.
(Ord. 1193 § 1, 2010)
"Hotel" means any building containing six or more rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by guests.
Hotels include dormitories and fraternity or sorority houses.
(Ord. 37 § 143, 1961; Ord. 1007 § 2, 1993)
"Household pets" are defined for the purposes of this title as dogs and cats; rats, white mice, guinea pigs, hamsters, or similar small animals; birds; fowl; and fish, reptiles, amphibians, and turtles as described and regulated in Chapter 18.20 Residential Zones Generally.
(Ord. 37 § 144, 1961; Ord. 1007 § 2, 1993; Ord. 1226 § 1, 2014)
"Incidental use" means a minor use incidental in all respects
to the primary use permitted on the premises. An incidental use shall
not be the only use of a parcel or commercial space.
(Ord. 37 § 144.5, 1961; Ord. 645 § 1, 1978; Ord. 1007 § 2, 1993)
"Indoor recreation facility" means a building or structure in
which a sports or recreational use is conducted. Such uses include
a bowling alley, skating rink, health club, racket club and theater
but do not include arcades.
(Ord. 911 § 12, 1990; Ord. 1007 § 2, 1993)
"Kitchen" means any room or space used, or intended or designed
to be used for cooking or the preparation of food.
(Ord. 37 § 145, 1961; Ord. 1007 § 2, 1993)
Lot coverage shall be calculated including all covered structures
(dwellings, attached and detached garages, shops, sheds, porches,
greenhouses, etc.) that require building permits, including lattice
and other patio covers. Lot coverage does not include eaves that project
two feet or less from building. Lot coverage is determined by the
amount of coverage on the lot divided by the lot size, except for
flag lots where the pole is not considered as part of the lot size
when determining lot coverage (see illustration).
 Flag Lot
|
(Ord. 1144 § 4, 2004)
"Nonconforming lot" means any lot having a minimum square footage
of not less than six thousand five hundred square feet, and which
was legally created prior to the effective date of the ordinance codified
in this section, but which does not conform to the lot area and lot
width standards for the zone within which the lot is located. Such
lot may be developed for such uses and be subject to the same development
standards as apply to the remainder of the properties in the zone;
except that no animal uses may be permitted on the property unless
the lot contains the square footage for such animal uses as required
by the development standards.
(Ord. 37 § 146.5, 1961; Ord. 591 § 1, 1977; Ord. 1007 § 2, 1993; Ord. 1109 § 1, 1999)
"Through lot" means a lot having frontage on two parallel or
approximately parallel highways.
(Ord. 37 § 146, 1961; Ord. 1007 § 2, 1993)
"Major highway" means a major highway as shown on the master
plan of highways of the county.
(Ord. 37 § 147, 1961; Ord. 1007 § 2, 1993)
"Manufactured housing" means and includes "manufactured housing,"
"mobile homes" and "factory-built housing" as such terms are defined
in Division 13, Part 2.1, Chapter 1 and Division 13, Part 6, Chapter
2 of the Health and Safety Code. The term "manufactured housing" shall
not include "commercial coaches," "recreational vehicles," or "travel
trailers" as such are defined in Division 13, Part 2.1, Chapter 1
of the Health and Safety Code of the state.
(Ord. 37 § 147.1, 1961; Ord. 747 § 3, 1981; Ord. 1007 § 2, 1993)
"Massage" shall mean and include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or similar preparations. "Massage" shall further include any bath, facial massage, fomentations, massage, electric or magnetic treatment, acupressure, shiatsu, alcohol rub, and Russian, Swedish or Turkish baths. Any change to this definition will change the definition of massage in Chapter 5.08.
(Ord. 1185 § 3, 2008)
"Motel" means a group of attached or detached buildings containing
guest rooms or dwelling units, some or all of which have a separate
entrance leading directly from the outside of the building with garage
attached or automobile storage space conveniently located on the lot
or parcel of land and which is designed, used or intended to be used
wholly or in part for the accommodation of automobile transients.
Motels include auto courts, motor lodges and tourist courts.
(Ord. 37 § 149, 1961; Ord. 1007 § 2, 1993)
For the purposes of this title, "natural catastrophe" means
damage or destruction to structural improvements and property occurring
from fire, earthquake, flood or other act of God. A natural catastrophe
shall not include destruction or damage incurred by demolition or
other intentional act.
(Ord. 1007 § 2, 1993)
"Non-US postal service mailbox" means a private kiosk, bin,
and/or box with a slot into which mail is deposited (i.e. Fed Ex,
UPS, DHL).
(Ord. 1307, 5/28/2024)
"Oath" includes affirmation.
(Ord. 37 § 150, 1961; Ord. 1007 § 2, 1993)
"Ordinance" means an ordinance of the city.
(Ord. 37 § 151, 1961; Ord. 1007 § 2, 1993)
A.
"Outdoor
advertising" means any card, cloth, paper, metal, painted or wooden
sign of any character placed for outdoor advertising purposes on or
to the ground or any tree, wall, bush, rock, fence, building, structure,
advertising structure as defined in Section 5202 of the Business and
Professions Code of the state, or thing, either privately or publicly
owned.
B.
"Outdoor
advertising" does not include:
1.
Official
notices issued by any court or public body or officer;
2.
Notices
posted by any public officer in performance of a public duty or by
any person in giving any legal notice;
3.
Directional,
warning or informational signs or structures required by or authorized
by law, or by federal, state, county or city authority;
4.
The
tree, wall, bush, rock, fence, building, structure or thing upon which
the sign is placed, other than the advertising structure as defined
in Section 5202 of the Business and Professions Code;
5.
Temporary,
unlighted, single or double-faced signs, not exceeding four square
feet in area per face and not less than one thousand feet apart (except
that every owner of property may have at least one such sign), advertising
the sale, lease, trade or hire of the premises upon which such sign
is placed. Such signs may be used within the front or side yard setbacks
if not less than ten feet from the actual highway property line.
(Ord. 37 § 152, 1961; Ord. 1007 § 2, 1993)
"Parcel of land" means a contiguous quantity of land, in the
possession of, or owned by, or recorded as the property of, the same
claimant or person.
(Ord. 37 § 153, 1961; Ord. 1007 § 2, 1993)
"Person" means any individual, firm, copartnership, joint venture,
association, social club, fraternal organization, corporation, estate,
trust, business trust, receiver, syndicate, this and any other county,
city and municipality, district or other political subdivision, or
any other group or combination acting as a unit, other than the city.
(Ord. 37 § 154, 1961; Ord. 1007 § 2, 1993)
"Pest control operator" means a person who engages in the business
of eradicating or controlling any pest which is or is liable to be
dangerous or detrimental to agriculture by the application of any
substance, method or device, or who engages in the business of preventing,
destroying, repelling, mitigating or correcting any disorder of plants
by the same means, or both. "Pest control operator" does not include
a person engaged in the business of termite eradication or control.
(Ord. 37 § 155, 1961; Ord. 1007 § 2, 1993)
"Private club" means an association of persons, whether incorporated
or unincorporated, organized for some common purpose, but not including
a group organized solely or primarily to render a service customarily
carried on as a commercial enterprise.
(Ord. 37 § 156, 1961; Ord. 1007 § 2, 1993)
"Recreation room" means any room in a building or accessory
building, designed to be used primarily for games, the pursuit of
hobbies, social gatherings and similar activities. A recreation room
may not be designed, built, rented, leased, used or occupied as living
quarters.
(Ord. 37 § 157, 1961; Ord. 659 § 2, 1979; Ord. 1007 § 2, 1993)
"Recycling facility" means a facility for the collection of
recyclable materials, including but not limited to, aluminum cans,
glass and plastic bottles. A recycling facility does not include storage
containers or processing activity located on the premises of a residential,
commercial, or manufacturing use and used solely for the recycling
of material generated by that residential property, business or manufacturer.
Recycling facilities, including manned and unmanned facilities, may
include the following:
1.
Small
collection facilities where the public may donate, redeem or sell
recyclable materials such as aluminum cans, glass and plastic bottles.
2.
Self-service
or reverse vending machines - An unattended recycling machine that
accepts recyclable materials such as aluminum cans, glass and plastic
bottles through an automated device, and issues a cash refund.
(Ord. 1307, 5/28/2024)
"Residence" means a building designed as living quarters for
persons doing their own cooking in such building, which either complies
with, or was erected before the effective date of the requirements
for group 1 occupancies in the city building code, entitled "An Ordinance
adopting a building code to regulate the construction, erection, enlargement,
razing, alteration, repairing, removal, maintenance, moving, use and
height of buildings or structures in the unincorporated territory
of the County of Los Angeles," adopted March 20, 1933. "Residence"
does not include a trailer or an apartment house.
(Ord. 37 § 158, 1961; Ord. 1007 § 2, 1993)
"Room" means an unsubdivided portion of the interior of a building
excluding bathrooms, kitchens, closets, hallways and service porches.
(Ord. 37 § 159, 1961; Ord. 659 § 3, 1979; Ord. 1007 § 2, 1993)
"Secondary highway" means a secondary highway as shown on the
master plan of highways of the county.
(Ord. 37 § 160, 1961; Ord. 1007 § 2, 1993)
"Section" means a section of the ordinance codified in this
title unless some other ordinance or statute is mentioned.
(Ord. 37 § 161, 1961; Ord. 1007 § 2, 1993)
"Single room occupancy uses" means a guest room or efficiency
unit, as defined by California Health and Safety Code Section 17958.1,
intended or designed to be used, or which is used, rented, or hired
out, to be occupied, or which is occupied, as a primary residence,
by guests.
(Ord. 1215 § 1, 2013)
"Stand" means a structure for the display and sale of products
with no space for customers within the structure itself.
(Ord. 37 § 163, 1961; Ord. 1007 § 2, 1993)
"Structure" means anything constructed or built, any edifice
or building of any kind, or any piece of work artificially built or
composed of parts joined together in some definite manner, which is
located on the ground or is attached to something located on the ground.
(Ord. 37 § 163.3, 1961; Ord. 1007 § 2, 1993)
"Supportive housing" means housing with no limit on length of
stay, that is occupied by the target population and that is linked
to on-site or offsite services that assist the supportive housing
resident in retaining housing, improving his or her health status,
and maximizing his or her ability to live and, when possible, work
in the community.
(Ord. 1193 § 1, 2010)
"Target population for supportive and transitional housing"
means adults with low income having one or more disabilities, including
mental illness, HIV or AIDS, substance abuse, or other chronic health
condition, or individuals eligible for services provided under the
Lanterman Development Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code) and may,
among other populations, include families with children, elderly persons,
young adults aging out of the foster care system, individuals existing
from institutional settings, veterans, or homeless people.
(Ord. 1193 § 1, 2010)
"Transitional housing and transitional housing development"
mean rental housing 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.
(Ord. 1193 § 1, 2010)
"Use" means and includes construction, establishment, maintenance,
alteration, moving onto, enlargement and occupation. Wherever this
chapter prohibits the "use" of any premises for any purpose, such
premises and any building, structure or improvement on such premises
shall not be used, occupied, altered or improved for such purpose,
and no building, structure or improvement on such premises shall be
erected, constructed, established, maintained, allowed to remain,
altered, moved onto, or enlarged which is designed, arranged or intended
to be occupied or used for such purpose.
(Ord. 37 § 164, 1961; Ord. 1007 § 2, 1993)
"Vehicular and equipment rental facility" means a use or place
of business where small or medium sized vehicles, light duty construction
equipment and miscellaneous supplies are available for rent, generally
for "do-it-yourself" use by homeowners and small businesses. Small
or medium sized vehicles includes automobiles, light and medium duty
trucks and vans not to exceed twenty-six feet in length. Light duty
construction equipment includes trailers not exceeding twenty-six
feet in length, dollies, small tractors not exceeding one hundred
horsepower, forklifts less than five thousand pounds, concrete mixers,
tillers, trenchers, mowers, grinders, lawn rollers, and similar equipment.
(Ord. 1032 § 1, 1995)
"Waste disposal facility" means any dump, transfer station,
land reclamation project, incinerator except household incinerators
and wood refuse to be burned in a suitable furnace, or other similar
site or facility which is used or intended to be used for the transfer,
salvage or disposal of rubbish, garbage or industrial waste.
(Ord. 37 § 165, 1961; Ord. 1007 § 2, 1993)
"Writing" means and includes any form of recorded message capable
of comprehension by ordinary visual means. Whenever any notice, report,
statement or record is required or authorized by this title, it shall
be made in writing in the English language unless it is expressly
provided otherwise.
(Ord. 37 § 166, 1961; Ord. 1007 § 2, 1993)
"Year-round emergency shelters" means any program that provides
overnight shelter, two meals and case management services to homeless
persons throughout the year. Shelter is provided free of charge. Although
there is no predetermined set time limit on residence in the year-round
program, providers are encouraged to utilize a ninety-day time frame
in which to place clients into appropriate long-term housing. The
ultimate goal of the program is to enable clients to move into long-term
housing programs including permanent housing.
(Ord. 1193 § 1, 2010)
"Youth hostel" means a shelter for the use of pedestrian or
bicycle travelers, not serving meals, under the auspices of a nonprofit
organization.
(Ord. 37 § 167, 1961; Ord. 1007 § 2, 1993)
