City of Oroville, CA GENERAL PROVISIONS

The words, terms and phrases used in this title shall have the meaning commonly ascribed in the English language, except for those terms that are defined in this section.

All words used in the singular include the plural, and the plural the singular; each gender includes the other; and any tense includes the other tenses, unless the context requires otherwise. The word "shall" is mandatory, and the word "may" is permissive. The word "includes" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

Definitions, "A."

Accessory building.

See "Building, accessory."

Accessory dwelling unit.

See "Second dwelling unit."

Accessory use.

A use or structure clearly incidental to and customarily found in connection with an established primary use of a site, or of a building located on the same site.

Administrative permit.

A permit for a specified land use, building or structure that is issued as a ministerial function, rather than at the city's discretion.

Adult-oriented business.

Any business where employees or patrons expose specified anatomical areas or engage in or simulate specified sexual activities, as defined by this title; also, any business that offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or related to specified anatomical areas or specified sexual activities, as described by this title. Legitimate medical facilities and non-sexual massage services shall not be considered adult-oriented businesses, provided that employees and patrons do not engage in or simulate specified sexual activities, and that only patrons expose specified anatomical areas.

Adult arcade.

An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by 5 or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store.

A business that, as one of its principal purposes, offers for sale or rental for any form of consideration one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

A business may have other principal business purposes that do not involve the offering for sale or rental of material depicting specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store, so long as one of its principal business purposes falls within this definition.

Adult motel.

A hotel, motel or similar business that does any of the following:

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from a public right-of-way that advertises the availability of this adult type of photographic reproductions.

Offers a sleeping room for rent for a period of time that is less than 10 hours.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

Adult motion picture theater.

A business where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater.

Any theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Specified anatomical areas.

"Specified anatomical areas" include all of the following:

Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses or female breasts below a point immediately above the top of the areola.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities.

"Specified sexual activities" include any of the following:

The fondling or other erotic touching of human genitals, pubic regions, buttocks, anuses or female breasts.

Sex acts, including intercourse, oral copulation, masturbation or sodomy.

Excretory functions as part of or in connection with any other specified sexual activity.

Affordable dwelling units.

See "Target units."

Agriculture.

The tilling of soil, the raising of crops, horticulture, livestock farming, dairying or animal husbandry, including accessory supply, service, storage and processing areas and facilities to accommodate agricultural products produced on the premises; provided, however, that the accessory uses shall not include slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar commercial or industrial uses.

Agriculture, unique.

Producing specialty agricultural products such as fruits and nuts, meats, flowers, wine, oils, jams, gourmet items, and handmade gift baskets. Establishments producing unique agricultural products are typically family-owned and operated facilities. Unique agricultural producers often offer consumer education opportunities such as product labels that tell the history of the farm and tasting rooms where customers can visit and experience the farm property, learn about farming practices, and purchase goods directly from farmers.

Agriculture, urban.

Growing, harvesting, and raising agricultural products in an urban setting for personal, institutional, or commercial use. Includes growing of food crops and ornamental crops (e.g., flowers), and raising of livestock, as well as uses that are complementary and accessory to agricultural pursuits, including retail sales, education, small-scale processing, and events.

Types of urban agriculture include the following:

Home garden.

The property of a single-family or multi-family residence used for the cultivation of fruits, vegetables, plants, flowers, herbs, or the raising of animals, by the residents of the property, guests of the property owner, or a gardening business hired by the property owner.

Community garden.

Privately or publicly owned land, less than one acre in size, used by multiple households for the cultivation of fruits, vegetables, plants, flowers, herbs, or the raising of animals.

Urban farm.

Privately or publicly owned land, more than one acre in size, used for the cultivation of fruits, vegetables, plants, flowers, herbs, or the raising of animals, by an individual, organization, or business with the primary purpose of growing food for sale.

Alcoholic beverage sales.

The retail sale of beer, wine or distilled spirits for on-premises or off-premises consumption. The term "alcoholic beverage sales" includes only establishments that are not open to minors, such as a bar or nightclub, and establishments whose primary business purpose is to sell alcoholic beverages for off-premises consumption, such as a liquor store.

Alley.

A public right-of-way no wider than 30 feet that affords only a secondary means of access to abutting property.

Amateur radio facility.

A wireless communication facility operated by a federally-licensed amateur radio operator in order to perform amateur radio services.

Amateur radio operator.

A person holding a written authorization to be the control operator of an amateur radio facility.

Amateur radio services.

Radio communication services that are for the purpose of self-training, intercommunication and technical investigations, carried out by duly-authorized amateurs, solely with a personal aim and without pecuniary interest.

Animal grooming.

An establishment that performs on-premises, nonmedical care of animals, including washing and trimming of fur. No overnight care or boarding of any animals is allowed.

Animal keeping.

The keeping of animals as provided in Section 17.16.120.

Animal keeping, commercial.

Any establishment that keeps animals for sale or hire, provides medical treatment for animals on the premises or regularly offers any temporary boarding facilities for animals.

Animal keeping, noncommercial.

Any establishment that keeps animals only as pets, or for the production of eggs, milk or meat for personal use.

Antenna.

Any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also "Satellite dish" and "Satellite antenna."

Antenna hub site.

An equipment structure that serves telecommunication antennas when there are no antennas located on the same lot as the equipment structure.

Apartment.

One or more rooms in an apartment building intended or designed to be occupied by one family for living and sleeping purposes, and containing a kitchen and bath facilities.

Apartment building.

A building or portion of a building, other than a temporary lodging such as a hotel or motel, containing 3 or more dwelling units.

Attached sign.

See "Sign, attached."

Authorized grower.

A person who is authorized by federal or state law to grow marijuana for personal use or medical use in compliance with local, state, or federal laws authorizing such marijuana cultivation.

Awning.

A cloth, plastic or other nonstructural covering that either is attached permanently to a building or can be raised or retracted to a position against the building when not in use.

Awning sign.

See "Sign, awning."

Definitions, "B."

Balcony.

A platform that projects from the wall of a building and is surrounded by a railing.

Bank or financial service.

A financial institution such as a bank, credit agency or lending institution. A check cashing store shall be considered a moderate-impact personal service rather than a bank or financial service.

Banner sign.

See "Sign, banner."

Basement.

A story of a building that is partly below grade, and is located so that the vertical distance from the grade to the floor is greater than the vertical distance from the grade to the ceiling.

Basement, raised.

A basement that raises the principal floor level of a building no more than 5 feet above grade.

Bed and breakfast.

A residential structure with one family or manager in permanent residence and up to 5 bedrooms rented for overnight lodging, and where meals may be provided subject to applicable Health Department regulations. A bed and breakfast with more than 5 guest rooms shall be considered a hotel or motel, as applicable.

Bedroom.

A room inside a residential building being utilized by any person for sleeping purposes as evidenced by a bed, personal effects, and other indications evidencing that the room is being utilized for sleeping purposes.

Billboard.

See "Sign, off-premises."

Block.

All property fronting on one side of a street between intersecting and intercepting streets; or between a street, railroad right-of-way, waterway, natural barrier or unsubdivided acreage.

Boardinghouse.

A building or portion of a building, other than a temporary lodging facility such as a bed and breakfast, hotel or motel, where sleeping facilities and meals for 5 or more persons are provided for compensation on a regular basis.

Breezeway.

A roofed structure open on at least 2 sides attached to and connecting portions of a main building, or portions of a main building and an accessory building.

Building.

A structure having a roof or similar enclosure supported by columns or walls and intended or used for shelter, confinement or housing of any person, animal or property.

Building, accessory.

A subordinate building, the use of which is clearly incidental and secondary to that of the main building on the same site.

Building, apartment.

See "Apartment building."

Building area.

The total amount of ground area occupied by all buildings and structures on a parcel of land.

Building, attached.

A building that has at least one of its walls permanently attached, in part or in whole, to the wall of another building.

Building, detached.

A building with none of its walls permanently attached to the walls of another building.

Building frontage.

A building wall facing a parcel boundary that abuts a street.

Building height.

See "Height, building or structure."

Building, main.

A building in which one of the site's principal and permitted uses is conducted. In residential districts, the largest building on a site that contains a dwelling unit shall be deemed the main building. A site may have more than one main building.

Building, nonconforming.

A building or structure, or a portion of a building or structure, that does not conform to the regulations contained in this title.

Building official.

The building inspector, or his/her authorized representative.

Building site.

See "Site."

Building supply.

A wholesale or retail establishment that sells lumber, wallboard, fixtures and similar large building materials. The term "building supply" does not include establishments primarily devoted to the retail sale of tools, paint and similar products, which are classified as general retail.

Bulletin board.

See "Sign, bulletin board."

Business, freeway-oriented.

Any business that supplies food, fuel or lodging that is essential to support travelers on a freeway, and that is directly dependent upon and adjacent to a freeway.

Business support service.

An establishment primarily within a building that provides services that are necessary to other businesses, such as blueprinting, computer rental and repair, mailing and mailbox services, copying and other services of like kind or character.

Definitions, "C."

Cannabis.

All parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

Cannabis business.

The cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or retail sale of cannabis or a cannabis product.

Cannabis canopy.

Means all of the following:

The designated area(s) at a licensed premises that will contain mature plants at any point in time;

Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries;

Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary such as an interior wall or by at least 10 feet of open space; and

If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

Cannabis cultivation.

Any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Cannabis delivery.

The commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

Cannabis distribution.

The procurement, sale, and transport of cannabis or cannabis products between licensed cannabis businesses.

Cannabis manufacturing.

The production, preparation, propagation, or compounding of manufactured cannabis or cannabis products including businesses involving the extraction of a substance from a cannabis plant, the infusion or mixture of cannabis into another substance, the preparation of an edible item that contains cannabis, and the packaging and labeling of cannabis or cannabis products.

Cannabis nursery.

The wholesale sale of clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

Cannabis retail, non-storefront.

A brick-and-mortar cannabis retail use that is closed to the public but is authorized to conduct retail cannabis sales exclusively by delivery This use does not include on-site retail sales of cannabis or cannabis products.

Cannabis retail, storefront.

The retail sale of cannabis, cannabis products, or devices for the use of cannabis or cannabis products, either individually or in any combination, including an establishment that delivers cannabis or cannabis products as part of a retail sale.

Cannabis testing.

A facility, entity, or site that offers or performs tests of cannabis or cannabis products, and that is accredited as operating to ISO Standard 17025 by an accrediting body and registered with the State Department of Public Health.

Canopy.

A permanent covering over a walkway or driveway that is wholly supported on each side by posts or walls.

Canopy sign.

See "Sign, canopy."

Caretaker dwelling unit.

A permanent residence that is provided as an accessory use to a nonresidential use, and is used to house a caretaker and the caretaker's family for security purposes or to provide around-the-clock care or monitoring of the site or any person or thing on the site.

Cargo container.

See "Storage container."

Carnival, circus or fair.

A temporary outdoor amusement event that involves the use of special-purpose equipment and includes activities such as rides, exhibitions, food service and small-scale games. A carnival, circus or fair may include a temporary market, such as a bazaar, where miscellaneous items are sold.

Carport.

A permanent roofed building that is open on at least 2 sides and is used or designed for the shelter and storage of vehicles.

Car wash.

A permanent, self-service or full-service establishment that provides facilities for car washing.

Catering service.

A business that prepares food for consumption on the separate premises of a client, and that is not part of a restaurant. A vehicular food vendor or a restaurant that provides catering shall not be considered a catering service.

Cemetery.

Any place for the burial, disposal or long-term storage of human remains, including, but not limited to, a columbarium, crematory or mausoleum.

Centerline.

The right-of-way centerline for a street or alley, as established by official survey.

Characterizing flavor.

A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.

Child care center.

Any licensed child care center, day care center, child care home, or any preschool.

Child day care.

Any facility that provides non-medical care and supervision of minor children for periods of less than 24 hours; that does not qualify as a small or large family day care home; and that meets the licensing requirements of the state. Any establishment may provide child day care as an accessory use that is not subject to additional permit requirements, provided that the establishment offers child day care only to its customers or employees, and only during the period when the customers or employees are visiting or working in the establishment.

Child- or family-oriented business.

A business establishment that has as its primary clientele children or families with children, including, but not limited to, toy stores, children's clothing stores, family amusement arcades, or family recreation facilities.

City engineer.

The Director of Community Development and Public Works, or his/her authorized representative.

Code.

The Municipal Code of the City of Oroville.

Code Enforcement Official.

The Code Enforcement Officer, or his/her authorized representative.

Colocation.

The installation of several wireless communication facilities operated by 2 or more entities on a single site.

Colocation facility.

A wireless communication facility within which colocation occurs.

Commercial animal keeping.

See "Animal keeping, commercial."

Commercial coach.

In accordance with Section 18001.8 of the California Health and Safety Code, "commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional or commercial purposes and that is required to be moved under permit. The term "commercial coach" shall include a trailer coach as defined in Section 635 of the Vehicle Code.

Commercial recreational facility.

Any establishment that provides entertainment activities or services for a fee or admission charge, including bowling alleys, electronic game arcades, billiard rooms, miniature golf courses, sports clubs, amusement parks, amphitheaters, stadiums and other uses of like kind or character. An establishment that offers a small number of game machines to its customers as an accessory use, such as a restaurant or laundromat, shall not be considered a commercial recreational facility. Facilities operated by a public agency are not included in this definition.

Commercial wireless communication facility.

See "Wireless communication facility, commercial."

Common-interest development.

In accordance with Section 1351 of the Civil Code, "common-interest development" means a community apartment project, condominium project, planned development or stock cooperative, as those terms are defined in the Civil Code.

Common open space.

See "Open space, common."

Concert or performance.

A temporary theatrical, musical, dance or similar artistic event that is presented as a limited number of performances. This title's requirements for a "concert or performance" shall not apply to land uses that would ordinarily host such events as part of their normal operation, including, but not limited to, commercial recreational facilities; private and public schools; and restaurants or cafés.

Condominium.

In accordance with Section 1351 of the Civil Code, "condominium" means an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan.

Construction yard.

A temporary staging area for supplies, equipment and materials that are being used in conjunction with an approved building permit or grading permit. A construction yard may include a temporary contractor's office as an accessory use.

Contributing feature.

See "Feature, contributing."

Cottage food operation.

An enterprise that has no more than the amount in gross annual sales that is specified in the CA Health and Safety Code Section 113758, is operated by a cottage food operator, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant CA Health and Safety Code Section 113758.

Courtyard.

An open, unoccupied space other than a yard on the same site with a building, and bounded on 2 or more sides by one or more buildings on the site.

Covered patio.

See "Patio, covered."

Cultivation.

The planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof for medical use consistent with the Compassionate Use Act (Health and Safety Code Section 11362.5) or the Medical Marijuana Program Act (Health and Safety Code Section 11362.7 et seq.).

Definitions, "D."

Dead storage.

The storage of inactive items that will not be used for an extended period of time.

Deck.

A roofless, floored structure, typically with a railing, that adjoins a building.

Density bonus.

An increase in the maximum number of residential dwelling units that are allowed on a site, granted in exchange for reserving dwelling units for certain types of households as specified in Chapter 17.24.

Detached, fully-enclosed and secure structure.

A building completely detached from a residence that complies with the Oroville Building Code and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through, such as 2-inch by 4-inch or thicker studs overlaid with 3/8-inch or thicker plywood or the equivalent. Exterior walls must be constructed with nontransparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

Detached sign.

See "Sign, detached."

Development.

The uses to which land will be put; the buildings and structures to be constructed on the land; and all alteration of the land and other construction incident to these uses, buildings and structures.

Development review.

The process of reviewing a development proposal or proposed land use, as provided in Chapter 17.52.

Directional sign.

See "Sign, directional."

Director of parks and trees.

The director of parks and trees, or his/her authorized representative.

Disabled person.

An individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a medical record of having such an impairment. A disabled person does not include individuals currently using controlled substances as defined by federal law.

Distributive antenna systems (DAS).

A single, or network of, spatially separated antenna nodes connected to a common source via transport medium that provides wireless service within a geographic area or structure.

District.

An area defined on the official zoning map within which certain regulations and requirements apply under the provisions of this title.

Drive-in theater.

Any land, building or structure used for the showing of outdoor motion pictures for compensation, the viewing of which is from the patron's automobile.

Drive-through establishment.

A building where a customer is permitted or encouraged, either by the design of physical facilities or by the service procedures offered, to be served while remaining seated within a vehicle, including, but not limited to, drive-through restaurants and automatic car washes.

Duplex.

A separate, detached building that provides 2 independent dwelling units.

Dwelling group.

A group or row of detached or semi-detached dwellings that share a yard, courtyard or other open space, including apartment buildings and townhouses, but not including temporary lodging such as hotels or motels.

Dwelling, multiple-family.

A building or portion of a building that provides 3 or more dwelling units. Multiple-family dwellings include apartment buildings and the residential component of mixed-use developments, as well as townhouses or rowhouses that have apartments located above them. Multiple-family dwellings do not include temporary lodging such as hotels or motels.

Dwelling, single-family.

A single dwelling unit, including kitchen and bath facilities, that is designed for occupancy exclusively by one family. A single-family dwelling may be either detached or attached.

Dwelling, single-family, attached.

A 2-story single-family dwelling, such as a townhouse or rowhouse, within a dwelling group in which no unit is located above another unit.

Dwelling, single-family, detached.

A single-family dwelling that is not attached to any other single-family dwelling, other than an attached second dwelling unit.

Dwelling unit.

A building or a portion of a building containing one or more habitable rooms used or designed for occupancy by one family for living and sleeping purposes, including kitchen and bath facilities.

Dwelling unit, primary.

A dwelling unit located in a main building.

Dwelling unit, second.

See "Second dwelling unit."

Definitions, "E."

Easement.

A space on a parcel of land, indicated on a subdivision map or in a deed restriction, where the owner has granted one or more property rights to a person, corporation, public agency or other entity.

Emergency shelter.

Housing with minimal supportive services for homeless persons; victims of domestic violence; persons requiring temporary housing; and other individuals and households made temporarily homeless due to natural disasters (e.g., fires and earthquakes) that is limited to occupancy of 6 months or less by a homeless person and operated by a government agency or private nonprofit organization.

Enforcement officer.

The chief of police, City of Oroville code enforcement specialist, or any designee of either of them.

Engineering design standards.

The engineering requirements developed by the city engineer, and adopted by resolution of the city council, for the construction and configuration of various types of infrastructure within the city, including, but not limited to, rights-of-way, water and sewer lines, storm drainage and parking areas.

Equipment and machinery sales or rental.

Any establishment that sells or rents large construction equipment, such as bulldozers, ditch diggers, tractors, industrial generators, water tankers or similar items.

Definitions, "F."

Fair Housing Law.

Existing law affecting reasonable accommodation in housing including, without limitation, the reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B) and reasonable accommodation required by Government Code Sections 12927(c)(1) and 12955(I).

Family.

See "Household."

Family day care home, large.

In accordance with Section 1597.465 of the Health and Safety Code, "large family day care home" means a home that regularly provides care, protection and supervision of 9 to 14 children, including children under the age of 10 years who reside in the home, in the provider's own home, for periods of less than 24 hours, while the parents or guardians are away.

Family day care home, small.

In accordance with Section 1597.465 of the Health and Safety Code, "small family day care home" means a home that regularly provides care, protection and supervision of 8 or fewer children, including children under the age of 10 years who reside in the home, in the provider's own home, for periods of less than 24 hours while the parents or guardians are away.

Farmers' market.

The temporary, open-air sale of agricultural products by at least 5 vendors in a specified location.

Feature, contributing.

A building, structure, site or improvement within an existing or proposed downtown historic overlay (DH-O) district that has a special character, aesthetic interest or value of a historic nature, and that meets one or more of the designation criteria for landmarks as specified in Section 17.48.040.

Feature, noncontributing.

A building, structure, site or improvement within an existing or proposed downtown historic overlay (DH-O) district that does not possess the qualifications or characteristics of a contributing feature, due to factors such as age or alteration, but that has been included within the district for reasons of geographic integrity.

Federal Communications Commission (FCC).

The federal agency charged with regulating communications, radio and television.

Fence.

A structure forming a physical barrier made of wire, wood, metal, masonry or other material, including walls; trellises; and barriers of plant material that substantially obstruct visibility, such as hedges. A wall of a building shall not be considered a fence.

Fence, solid.

An opaque or substantially opaque fence, such as a cinderblock wall or a wooden fence with minimal gaps between boards. A chain-link fence with slats shall not be considered a solid fence.

Fire chief.

The fire chief of the fire department, or his/her authorized representative.

Flashing sign.

See "Sign, flashing."

Flavored tobacco product.

Any tobacco product that contains a constituent that imparts a characterizing flavor.

Floor area, gross.

See "Gross floor area."

Floor area ratio (FAR).

The ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area. For example, if a 10,000 square foot site has one 2-story building, and the gross floor area of each story is 2,500 square feet, the site has a total gross floor area of 5,000 square feet and an FAR of 0.5.

Figure 17.04.060-1

Example of Floor Area Ratio (FAR)

Food and beverage production.

A manufacturing plant that produces or processes foods and beverages for human consumption and primarily for wholesale or distribution purposes.

Food and beverage sales.

A retail establishment in which the majority of the floor area open to the public is occupied by food products or non-alcoholic beverages that are packaged for consumption away from the store. A food and beverage sales establishment may also sell alcoholic beverages, provided that this is not the establishment's primary business purpose.

Freestanding sign.

See "Sign, freestanding."

Freeway-oriented business.

See "Business, freeway-oriented."

Freeway-oriented sign.

See "Sign, freeway-oriented."

Front lot line.

See "Lot line, front."

Front setback.

See "Setback, front."

Funeral merchandise sales.

The retail or wholesale sales of caskets, cremation urns, headstones, grave markers and burial vaults.

Definitions, "G."

Garden supply store.

An establishment engaged in the wholesale or retail sale of ornamental plants and other nursery products, including sales outside and within a building. Garden supply stores do not include the sale of house plants or other nursery products entirely within a building, which is considered to be general retail.

Gas station.

Any building, structure, premises or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of services and minor repairs to such vehicles, not including painting, body work or fender work. A gas station may include food and beverage sales, as well as a car wash, as an accessory use.

General plan.

The city's statement of goals and policies adopted by the city council as a long-range, comprehensive guide to the city's growth and development, pursuant to Section 65300 et seq., of the Government Code.

General retail.

A retail establishment that sells a variety of merchandise and is not otherwise identified in this title as a unique retail use, including, but not limited to, antique stores, bookstores, drugstores, hobby shops, secondhand stores, retail bakeries, hardware stores, appliance and electronics stores and any use of like kind or character.

Golf course.

A commercial recreational facility that provides at least 9 holes for playing the game of golf and is improved with tees, greens and fairways. A golf course may include accessory uses such as a clubhouse.

Government facility.

Any facility owned and operated by the city, county, state or federal government, regardless of the use. Any use that is listed as an allowed use for a given district may be provided as a government facility, even if the district does not list "government facility" as an allowed use.

Grade.

The average finished ground level at the center of all the exterior walls of a building or structure.

Gross floor area.

The area within the inside perimeter of a building's exterior walls, including corridors, stairways, closets, the thickness of interior walls, columns and other features. The gross floor area shall not include vent shafts, interior courtyards, or any area used for off-street vehicle parking or loading.

Ground-mounted antenna.

Any antenna that is attached to a support structure resting on the ground, and that has an overall height not greater than 10 feet above the finished grade at the base of the structure. This definition includes the types of antennas that are sometimes referred to as "post mounts" and "ground builds."

Ground sign.

See "Sign, ground."

Gym.

A fitness center or health club that provides exercise machines, free weights or a swimming area for use by clients.

Definitions, "H."

Hedge.

A barrier formed by branches, shrubs or small trees growing close together in a line with interwoven branches.

Height, building or structure.

The height measured in accordance with the requirements of Section 17.12.030.

Heritage tree.

A tree with a 24-inch diameter at breast height (dbh) or greater.

Historic integrity.

The authenticity of a landmark or landmark site's historic identity, evidenced by the survival of physical characteristics, such as location, design, setting, materials, workmanship and overall character, that existed at the time of the construction or events that make the landmark or landmark site historically significant.

Homeless person.

Same definition as set forth in 42 U.S.C. Section 11302.

Homeless shelter.

See "Emergency shelter."

Home occupation.

A business activity carried on in accordance with the requirements of Section 17.16.040.

Home occupation, low-impact.

A home occupation that is unlikely to have any noticeable effect on the surrounding neighborhood, as further defined in Section 17.16.040.

Home occupation, moderate-impact.

A home occupation that requires a permit in order to minimize its effect on the surrounding neighborhood, as further defined in Section 17.16.040.

Hospital.

A medical facility engaged primarily in the provision of diagnostic services and extensive medical treatment, including surgical services and inpatient beds.

Hotel.

A building designed for temporary occupancy by individuals who are lodged for compensation, with or without meals, in which there are 6 or more guest rooms, the majority of which are accessed from the interior of the building. A hotel may include accessory uses including but not limited to swimming pools and spas, gyms, meeting facilities and retail uses.

Household.

One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.

Household, lower-income.

"Lower-income household" means persons and families whose income does not exceed the qualifying limits for lower-income families, as established and amended from time to time and published by the State of California.

Household, moderate-income.

"Moderate-income household" means persons and families whose income does not exceed the qualifying limits for moderate-income families, as established and amended from time to time and published by the State of California.

Household, very-low-income.

"Very-low-income household" means persons and families whose income does not exceed the qualifying limits for very-low-income families, as established and amended from time to time and published by the State of California.

Definitions, "I."

Immature marijuana plant.

A marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

Indoors.

Within a fully-enclosed and secure structure.

Instructional or production studio.

A small-scale establishment for the instruction or production of art, including dance, painting, photography, music, sculpture and related arts, and that provides no more than 2 instructional spaces or facilities for no more than 20 artists at any one time. The term "instructional or production studio" also includes studios for gymnastics, martial arts, yoga or similar activities, provided that they do not also offer fitness equipment similar to a gym.

Internally illuminated sign.

See "Sign, internally illuminated."

Definitions, "J."

Junk yard.

The primary or accessory use of a site for the dismantling or wrecking of automobiles or other motor vehicles or machinery, or for the storage or keeping of junk, including scrap metal or other scrap materials.

Definitions, "K."

Kennel.

An establishment other than a pet store where 5 or more animals are boarded, maintained, kept for hire or trained. The term "kennel" includes for-profit establishments, such as a pet boarding service, as well as nonprofit and charitable organizations, such as an animal shelter. The term "kennel" does not include veterinarians, provided that all animals in the veterinary office are housed indoors. Kennels are subject to the requirements for animal keeping in Section 17.16.120.

Kitchen.

Any room or space used or intended for cooking or preparation of food.

Definitions, "L."

Land development sign.

See "Sign, land development."

Landmark.

Any site, including buildings, structures, furniture, signs, works of art, natural features, trees, permanent landscaping or other objects, that has special historic interest or value, and that has been designated as a landmark as provided in this title.

Landmark site.

The site on which a landmark is situated, and any abutting land used by and constituting part of the landmark's premises; or any site designated as a landmark.

Landscape material sales.

A wholesale or retail establishment that sells unpackaged landscape material such as rocks, gravel and bark. The term "landscape material sales" does not include garden supply stores, which are separately defined.

Landscaping.

The planting and maintenance of living plant material, including the installation, use and maintenance of any irrigation system for the plant material.

Land use.

An activity conducted on a site or in a structure, or the purpose for which a site or structure is designed, arranged, occupied or maintained.

Large family day care home.

See "Family day care home, large."

Laundry or dry-cleaning plant.

A service establishment that is primarily engaged in high-volume laundry and garment services, including dry-cleaning and garment pressing, linen suppliers, uniform services, diaper services, industrial laundries, and carpet and upholstery cleaners. The term "laundry or dry-cleaning plant" does not include facilities that are considered "personal services," including coin-operated laundries and drycleaning stores where the dry-cleaning does not occur on site.

Legal parcel.

Any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Government Code Sections 66410 et seq.).

Library or museum.

A public, quasi-public or privately-owned facility that is open to the public, such as an aquarium, art gallery, library, museum or zoo.

Livestock.

Larger animals traditionally kept for use on a farm, including, but not limited to, pigs, sheep, goats, equine and bovine animals such as horses and cows, and ratites such as ostriches and emus.

Living area.

The interior habitable area of a dwelling unit, including finished basements and attics but not including garages or accessory structures.

Loading space.

A space or berth that is on the same site with a building or contiguous to a group of buildings; that is designed for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials; and that can be accessed from a street or alley.

Lot.

A recorded lot or parcel of real property, lawfully created in accordance with all applicable requirements of the Subdivision Map Act and of this Code.

Lot area.

The total area included within the lot lines of a parcel of land.

Lot, corner.

A lot located at the intersection of 2 or more streets having an angle of intersection of not more than 120 degrees. If the angle of intersection is more than 120 degrees, the lot shall be considered an interior lot.

Figure 17.04.060-2

Corner Lot

Lot coverage.

See "Site coverage."

Lot depth.

The horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot, double-frontage.

A lot that has frontages on 2 streets that do not intersect, not including alleys, and that has the right of access to both streets.

Figure 17.04.060-3

Double-Frontage Lot

Lot, flag.

A lot that has no frontage on any street except for a narrow access strip, and that has boundaries such that another lot is located between the main portion of the flag lot and the street.

Figure 17.04.060-4

Flag Lot

Lot, interior.

A lot abutting only one street.

Figure 17.04.060-5

Interior Lot

Lot line, front.

In the case of an interior lot, "front lot line" means a line separating the lot from the street; and in the case of a corner lot, "front lot line" means a line separating the narrowest street frontage of the lot from the street.

Lot line, rear.

A lot line that is opposite and most distant from the front lot line. If the lot has an irregular or triangular shape, the rear lot line shall be a line within the lot at least 10 feet in length, located parallel to the front lot line and as far as possible from the front lot line.

Figure 17.04.060-6

Rear Lot Line for Irregular Lot

Lot line, side.

Any lot line other than the front or rear lot line.

Lot width.

The horizontal distance between the side lot lines, measured at the front setback.

Lower-income household.

See "Household, lower-income."

Low-impact personal services.

See "Personal services, low-impact."

Definitions, "M."

Machine shop.

A facility for the production or assembly of metal parts, not including shops that use casting, smelting, drop hammers or punch presses.

Main building.

See "Building, main."

Manufactured home.

In accordance with Section 18007 of the Health and Safety Code, "manufactured home" means a structure transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained in the home; except that this term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. "Manufactured home'' includes a mobile home, subject to the National Manufacturing Housing Construction and Safety Act of 1974 (42 U.S.C. Section 5401 et seq.).

Manufacturing.

The conversion of raw materials or assembly of parts into new products that are primarily sold off-site.

Marquee.

A permanent structure other than a roof that is attached to, supported by and projecting from a building and that provides protection from the elements.

Marquee sign.

See "Sign, marquee."

Mature marijuana plant.

A marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

Meeting facility.

Any facility for public or private meetings, excluding commercial entertainment facilities. Meeting facilities include community centers, clubs, lodges, houses of worship, auditoriums, union halls and other uses of like kind or character. A meeting facility shall not include substance abuse counseling or outpatient services, which are defined in this Code.

Metalwork.

Any manufacturing or repair use that involves the production, assembly or dismantling of metal parts, including machine shops, welding shops and sheet metal shops.

Mini-storage facility.

A building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for self-service storage of customers' goods.

Mixed-use development.

A development that provides both duplexes, live/work units and/or multiple-family dwellings as well as nonresidential uses. A mixed-use development may include vertical mixed-use, with residential units located above nonresidential uses, as well as horizontal mixed-use, with residential units located behind nonresidential uses.

Mobile food vendor.

Any food service establishment designed to be readily movable, and that operates for a period of at least 30 minutes in a single location in which food is heated or otherwise prepared and then sold. The term "mobile food vendor" includes, but is not limited to, carts, mobile kitchens, taco trucks and catering trucks.

Mobile home.

In accordance with Section 18008 of the Health and Safety Code, "mobile home" means a structure transportable in one or more sections, designed and equipped to contain not more than 2 dwelling units to be used with or without a foundation system. The term "mobile home" does not include a recreational vehicle, commercial coach or manufactured housing.

Mobile home park.

Any area or premises where space for mobile homes is rented, held for rent or on which free occupancy is permitted to house trailer owners and users for the purpose of securing their trailer, but not including automobile or trailer dealerships on which unoccupied house trailers are parked for inspection or sale.

Moderate-impact personal services.

See "Personal services, moderate-impact."

Moderate-income household.

See "Household, moderate-income."

Monument sign.

See "Sign, monument."

Mortuary.

Any funeral home or parlor where the deceased may be prepared for burial or cremation, funeral services may be conducted and cremation may occur. A mortuary may include funeral merchandise sales as an accessory use.

Motel.

A building or group of attached or detached buildings designed for temporary occupancy by individuals who are lodged for compensation, containing individual guest rooms or apartments, where a majority of the rooms or apartments open individually and directly to the outside. A motel may include accessory uses including, but not limited to, swimming pools and spas, gyms, meeting facilities and retail uses.

Multiple-family dwelling.

See "Dwelling, multiple-family."

Multiple-tenant building.

A shopping center, office complex or any other nonresidential development where multiple tenants share a building or complex of buildings.

Mural.

A work of art on the exterior wall of a building that is provided for the purpose of decoration or artistic expression.

Museum.

See "Library or museum."

Definitions, "N."

Neighborhood food and beverage sales.

A retail establishment under 10,000 square feet in which the majority of the floor area open to the public is occupied by food products or non-alcoholic beverages that are packaged for consumption away from the store. A food and beverage sales establishment may also sell alcoholic beverages or non-food items, provided that this is not the establishment's primary business purpose.

NIER professional.

A certified professional electrical engineer, health physicist or other technical expert with an understanding of NIER and its health effects. An NIER professional must have substantial professional experience performing environmental measurements of radio frequency (RF) exposure and preparing RF environmental evaluation reports for a variety of entities.

Noncommercial animal keeping.

See "Animal keeping, noncommercial."

Noncommercial wireless communication facility.

See "Wireless communication facility, noncommercial."

Nonconforming building.

See "Building, nonconforming."

Nonconforming lot.

A lot that does not conform to the development standards, including area and width regulations, of the district in which it is located or that does not conform to subdivision regulations.

Nonconforming sign.

See "Sign, nonconforming."

Nonconforming use.

A use that lawfully occupied a building or land at the time the use was established, but that no longer conforms with the use regulations of the district in which it is located.

Noncontributing feature.

See "Feature, noncontributing."

Non-ionizing electromagnetic radiation (NIER).

Electromagnetic radiation associated with the extra low frequency, radio, microwave, infrared and visible light portions of the electromagnetic spectrum.

Nursery.

See "Child day care."

Definitions, "O."

Occupancy.

The use of a structure, or any portion of a structure, by an owner or tenant.

Office, professional.

See "Professional office."

Official sign.

A sign erected by a governmental agency, public utility or service, or one of their designees, setting forth information pursuant to law.

Off-premises sign.

See "Sign, off-premises."

On-premises sign.

See "Sign, on-premises."

Open porch.

An open, uncovered and unenclosed landing or platform.

Open space, common.

A usable open space that is shared by all of the residents of a residential development.

Open space, private.

A usable open space that is available only to the residents of a single dwelling unit.

Open space, usable.

An outdoor space that includes landscaping or other features that provide for active or passive recreation, including any ornamental landscaping that is a part of the outdoor space, and that complies with the requirements of Section 17.16.020. Parking and loading areas, service areas, driveways, walkways and areas that provide access to dwelling units shall not be counted as usable open space.

Operator.

Any person or organization that controls the operation and maintenance of a facility.

Outdoor.

Any location within the city that is not within a fully enclosed and secure structure.

Outdoor advertising sign.

See "Sign, off-premises."

Outdoor storage.

See "Storage, outdoor."

Outpatient services.

Any facility that provides outpatient medical care and does not allow patients to stay overnight. Outpatient services typically include but are not limited to: diagnosis, medical lab testing, wellness and prevention counseling, medical treatment, and physical therapy. Outpatient services are not considered a hospital, as defined in this Code. Outpatient services shall not include substance abuse counseling as a primary use.

Definitions, "P."

Park or playground.

A noncommercial public outdoor recreational facility that provides active or passive recreational opportunities.

Parking area, public.

An open area, other than a street or alley, that is paved or otherwise surfaced; used for parking and storage of vehicles; and available for public use, whether for free or for compensation, or as an accommodation for patrons, customers or clientele of a business, professional office or other commercial enterprise.

Parking garage.

Any building or structure, other than a garage on the premises of and used exclusively by a single-family dwelling, that is used for the parking or storage of vehicles, whether for free or for compensation.

Parking lot.

Any property used temporarily or permanently for parking or storage of vehicles of any type in exchange for compensation, or as an accommodation for patrons, customers, or clientele of a business, professional office, or other commercial enterprise.

Parking space.

A space within a parking lot, parking garage, building or other designated parking area that is designated for the temporary parking or storage of one vehicle or bicycle.

Patio.

A paved area adjacent to a building that is intended for people's recreational use, that is not used for vehicle parking and that is separated from parking areas by landscaping or other physical barriers.

Patio, covered.

A patio that includes an impermeable roof or canopy.

Permit, administrative.

See "Administrative permit."

Permit, use.

See "Use permit."

Personal services.

An establishment other than a professional office that provides services to individuals as a primary use, and that may provide accessory retail sales of products related to the services provided. Personal services shall not include substance abuse counseling or outpatient services, which are defined in this Code.

Personal services—low-impact.

A personal services establishment that tends to create minimal adverse impacts for its surroundings, including, but not limited to, clothing rental, dry-cleaning services with no on-site dry-cleaning equipment, estheticians, permanent makeup artists, certified massage therapists, laundromats, tailors, tanning salons and other uses of like kind or character.

Personal services—moderate-impact.

A personal services establishment that may tend to attract criminal activity or reduce property values when found near similar establishments, and that may need to be dispersed in order to reduce these potential negative impacts. The term "moderate-impact personal services" includes, but is not limited to, check-cashing stores, pawnshops, psychics, spas and hot tubs for hourly rental, tattoo and body piercing parlors and other uses of like kind or character.

Pet store.

An establishment engaged in the retail sale of pet animals, whether for free or for compensation. Pet stores are subject to the requirements for animal keeping in Section 17.16.120.

Pharmacy.

A professional office where medications are dispensed by licensed pharmacists.

Planned development.

An area of land to which the PD-O overlay zoning district has been applied and that is subject to the provisions of the PD-O district.

Playground.

See "Park or playground."

Pole sign.

See "Sign, pole."

Political sign.

See "Sign, political."

Porch.

A one-story structure attached to a building that has no floor space located above it, and with at least one side that is not enclosed by a vertical wall, window or screening material.

Portable sign.

See "Sign, portable."

Premises.

A single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this title.

Primary caregiver.

As defined in Health and Safety Code Section 11362.7(d).

Primary dwelling unit.

See "Dwelling unit, primary."

Primary use.

An activity or combination of activities that comprise one of the main purposes for which the land or structures are intended, designed or ordinarily used. A site may have more than one primary use.

Private open space.

See "Open space, private."

Professional office.

An office used by persons who provide services that require a state license or certificate, including, but not limited to, accountants, architects, dentists, doctors, engineers, lawyers, medical estheticians, permanent makeup artists, certified massage therapist, and real estate agents. The term "professional office" shall not include any facility that provides intensive medical treatment or overnight lodging for persons, such as a hospital; any facility that provides permanent or temporary boarding of animals, such as a veterinary office or kennel; any use that is considered a "personal service," as defined in this title; or any adult-oriented business.

Project.

Any proposed development for a site.

Projecting sign.

See "Sign, projecting."

Public parking area.

See "Parking area, public."

Public safety facility.

A facility operated by a public agency for the purpose of protecting public safety, including, but not limited to, fire stations and other fire-fighting facilities, police stations and ambulance dispatch facilities.

Definitions, "Q."

Qualified patient.

As defined in Health and Safety Code Section 11362.7(f).

Definitions, "R."

Radio frequency (RF).

The measure of the amplitude of the radio wave on which a given signal is transmitted.

Raised basement.

See "Basement, raised."

Reader board.

See "Sign, reader board."

Real estate sign.

See "Sign, real estate."

Rear lot line.

See "Lot line, rear."

Rear setback.

See "Setback, rear."

Rear yard.

The rear open space portion of any premises, whether fenced or unfenced.

Reasonable accommodation.

Any request by, or on behalf of, a disabled person for a reasonable deviation from the city's strict application of its land use or building regulations as set forth in this Code, or as adopted by reference in this Code, in order for such disabled person to use and enjoy a dwelling.

Recreational facility, commercial.

See "Commercial recreational facility."

Recreational vehicle (RV).

In accordance with Section 18010 of the Health and Safety Code, "recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, that meets all of the following criteria:

Contains less than 320 square feet of internal living area, excluding built-in equipment, including, but not limited to, wardrobes, closets, cabinets, kitchen units or fixtures and bath or toilet rooms.

Contains 400 square feet or less of gross area measured at maximum horizontal projections.

Is built on a single chassis.

Is self-propelled, truck-mounted or permanently towable on highways without a permit.

Recreational vehicle (RV) park.

Any area or tract of land where one or more travel trailers, camp cars or tent camping lots are rented or held for rent, or where space may be rented to place such a vehicle or temporary shelter overnight.

Recycling facility or center.

A place of business for the acceptance by donation, redemption, or purchase of recyclable materials from the public, for suitable reuse such as paper, plastics, aluminum cans, household electronics, other recyclable materials. All recycling facilities and/or centers shall be a certified recycling facility or certified processor that are certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986, as may be amended from time to time. These shall not include scrap and dismantling yards which are primarily used for the recycling of automobiles and/or industrial wastes.

Repair service.

Any facility where electrical, electronic or mechanical equipment is repaired away from the premises of the customer. The term "repair service" does not include vehicle service or repair.

Repair service, large equipment.

A repair service that repairs large household items, such as refrigerators and air conditioners, or large commercial machinery.

Repair service, small appliances.

A repair service that repairs small household items, such as televisions and stereo systems.

Repair service, vehicle.

See "Vehicle service or repair."

Required minimum setback.

See "Setback, required minimum."

Research laboratory.

A facility for scientific research, including pharmaceutical, chemical and biotechnology research, or the design, development and testing of electrical, electronic, magnetic, optical, computer or telecommunications components.

Residential care facility.

In accordance with Section 1502 of the Health and Safety Code, "residential care facility" means any family home, group care facility or similar facility for 24-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. A residential care facility shall not include substance abuse counseling or outpatient services, which are defined in this Code.

Residential structure.

Any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises or legal parcel located within a residential or agricultural-residential zoning district.

Restaurant or café.

Any retail business that sells ready-to-eat food or beverages for on-premises or off-premises consumption.

Retaining wall.

A wall that is designed to resist lateral pressure and prevent the advance of soil or other materials.

Review authority.

The city official or city body that is responsible, under the provisions of this title, for approving or denying a development review application, permit application or other request for official city approval.

Roof sign.

See "Sign, roof."

Roof-mounted.

Any object or equipment attached to the roof or the top-most level or levels of a building.

Rotating sign.

See "Sign, rotating."

Definitions, "S."

Salvage yard.

See "Junk yard."

Satellite antenna.

Any device incorporating a reflective surface that is solid, open mesh, or bar-configured to form a shallow dish, cone, horn or cornucopia used to transmit or receive electromagnetic signals. This definition includes antennas that are sometimes called "SES," "TVRO," "TVBS" and "DBS."

Satellite dish.

See "Satellite antenna."

School.

An institution of learning for persons under 21 years of age, whether public or private, offering regular courses of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school.

School, private.

An academic institution that is not operated under the authority of a public school board or district. The term "private school" shall include only elementary, middle and high schools, as well as colleges and universities, and shall not include training facilities.

School, professional or trade.

See "Training facility."

School, public.

An academic institution that is operated under the authority of a public school board or district, including a charter school.

Scrap or dismantling yard.

Outdoor establishment primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from vehicles.

Seasonal holiday agricultural sales.

The temporary sale of seasonal agricultural products, including, but not limited to, pumpkins and Christmas trees.

Second dwelling unit.

An attached or detached dwelling unit that is provided as an adjunct to an existing single-family dwelling unit and that includes complete, independent living facilities, including, but not limited to, any of the following:

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

Service station.

See "Gas station."

Setback.

The minimum distance by which a building or structure must be separated from a lot line. Buildings may project into a setback as provided in Section 17.12.040. In addition, accessory buildings and swimming pools may be located in setbacks as provided in Section 17.12.090.

Figure 17.04.060-7

Setback

Setback, front.

A setback extending across the full width of the site, the depth of which is the distance between the front lot line and the foundation of any structure. The designation of the front setback of a corner lot shall be as described in the definition of the term "Lot line, front."

Setback line.

A line parallel to a specified lot line that defines a required minimum setback for the foundation of any structure.

Setback, rear.

A setback extending across the full width of the site, the depth of which is the distance between the rear lot line and the foundation of any structure.

Setback, required minimum.

The smallest setback from any lot line that is allowed under the provisions of this title.

Setback, side.

A setback between the foundation of any structure and the side lot line, extending from the front setback to the rear setback. The width of the side setback shall be measured horizontally from the nearest point of the side lot line to the nearest part of the foundation of any structure.

Shopping center.

A primarily retail-oriented commercial site with at least 3 separate businesses that share common pedestrian and parking areas.

Side lot line.

See "Lot line, side."

Side setback.

See "Setback, side."

Sight distance area.

A triangular area that is to be kept clear of visual obstructions for drivers, as further defined by the city engineering design standards.

Sign.

A lettered, numbered, symbolic, pictorial or illuminated display, including any decorative or supporting structure associated with the display, that is designed to identify, announce, direct or inform, and that is visible from a public right-of-way.

Sign, attached.

A sign that is permanently affixed to a building, including, but not limited to, a wall sign, projecting sign, marquee sign, canopy sign or awning sign.

Sign, awning.

A sign that is attached to, painted on, hung from or supported by an awning.

Figure 17.04.060-8

Awning Signs Painted on Awning

Figure 17.04.060-9

Awning Sign Hanging From Awning

Sign, banner.

A sign made of fabric, cloth or any other loosely-draping material, including any flag.

Figure 17.04.060-10

Banner Sign on Building Frontage

Figure 17.04.060-11

Banner Sign on Flagpole

Sign, billboard.

See "Sign, off-premises."

Sign, bulletin board.

A sign where posters, flyers and similar materials can be attached temporarily without replacing or covering the sign face. The term "bulletin board sign" does not include signs that are designed to be used with detachable numbers or letters, which are included within the term "sign, reader board."

Sign, canopy.

A sign that is attached to, painted on, hung from or supported by a canopy.

Figure 17.04.060-12

Canopy Sign

Sign, detached.

A sign that is not affixed to or supported by a building or any part of a building.

Sign, digital display.

An off-premises advertising sign/billboard that can be automated, by digital means, to change its message. The duration of each message shall be displayed for a minimum of 8 seconds. Signs displaying messages for a duration of less than 8 seconds shall be considered a video display sign.

Sign, directional.

A sign specifically designed to provide directional messages for pedestrians and traffic.

Sign face.

Any portion of a sign that uses letters, numbers, words, pictures, symbols or other elements to convey information.

Sign, flashing.

An illuminated sign in which any artificial light source is not maintained at a constant intensity.

Sign, freestanding.

A detached sign that is elevated above the ground by one or more poles, braces or similar structures.

Figure 17.04.060-13

Freestanding Sign

Sign, freeway-oriented.

Any sign for a freeway-oriented business that is designed to be visible from the freeway on which the business depends.

Sign, ground.

See "Sign, monument."

Sign, internally illuminated.

A sign with a light source located on the inside of the sign, so that the light passes through the face of the sign.

Sign, land development.

A detached sign located on the premises of an undeveloped property that is to be subdivided or otherwise developed.

Sign, marquee.

A sign that is attached to, painted on, hung from or supported by a marquee.

Figure 17.04.060-14

Marquee Sign

Sign, monument.

A detached sign that is placed on the ground on a foundation or bearing surface and is not supported by poles, braces or similar structures.

Figure 17.04.060-15

Monument Sign

Sign, nonconforming.

A sign that was installed in accordance with the laws and regulations that applied at the time of installation, but that does not comply with current laws and regulations.

Sign, off-premises.

A sign, including the supporting structure, which is visible from a street or highway and advertises goods or services not usually on the premises and/or property upon which the sign is located, excluding directional or official signs authorized by law and real estate signs.

Sign, on-premises.

A sign that contains a message chosen by the person who controls the premises on which the sign is located.

Sign, outdoor advertising.

See "Sign, off-premises."

Sign, pole.

A freestanding sign, excluding a banner sign on a flagpole, that is supported by a single pole or a similar structure.

Figure 17.04.060-16

Pole Sign

Sign, political.

Any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure.

Sign, portable.

A freestanding sign that is not permanently attached, or designed to be permanently attached, to the ground or any structure.

Sign program.

A coordinated sign plan for one or more businesses or uses located on a site, incorporating one or more common elements such as color, materials, lettering, illumination, sign type and sign shape.

Sign, projecting.

A sign that is attached to a building and that projects outward from the building.

Figure 17.04.060-17

Projecting Sign

Sign, reader board.

A sign with detachable or electronic letters, numbers or other characters, which allows its message to be changed without replacing or covering the sign face. The term "reader board sign" does not include signs such as a cork board or a kiosk for the posting of flyers, which are included within the term "sign, bulletin board."

Sign, real estate.

A detached sign located on the premises of a property that is for sale, lease or rental.

Sign, roof.

A sign erected on or above the roof or parapet of a building or structure.

Figure 17.04.060-18

Roof Sign

Sign, rotating.

Any sign that includes a rotating or revolving element.

Sign, temporary.

A sign that is displayed for a limited period of time.

Sign, vehicle.

A sign that is affixed to, attached to or mounted on a motor vehicle, or to a device such as a trailer that is designed to be attached to a motor vehicle.

Sign, video display.

A sign that changes its message or background in a manner or method of display characterized by continuous motion or pictorial imagery, which may or may not include text, and depicts action or a special effect to imitate continuous movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns, or bands of light, or expanding or contracting shapes.

Sign, wall.

A sign that is affixed to the wall of a building and is essentially parallel to the wall.

Figure 17.04.060-19

Wall Sign

Sign, wind-driven.

A sign that rotates, revolves, drifts or changes with the wind, including banners, balloons, pennants, ribbons, streamers and inflatable signs. The term "wind-driven sign" does not include a flag that is attached to a flagpole.

Sign, window.

A sign that is affixed to the inside or outside of a window or located within 3 feet of the window, and that is visible from the outside of the window.

Figure 17.04.060-20

Window Sign

Single-family dwelling.

See "Dwelling, single-family."

Single-room occupancy (SRO).

Housing (consisting of single room dwelling units with a minimum size of 150 square feet) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both) if the project consists of new construction, conversion of non-residential space, or reconstruction. For acquisition or rehabilitation of an existing residential structure or hotel, neither food preparation nor sanitary facilities are required to be in the unit. If any unit does not contain food preparation or sanitary facilities, the building must contain those facilities in a common area shared by tenants.

Site.

A parcel or adjoining parcels that are under single ownership or single control, and that are considered a unit for the purposes of development or other use.

Site area.

The total area included within the boundaries of a site.

Site coverage.

The total area of a site covered by buildings, accessory buildings, structures and covered patios. For structures that have walls, the site coverage is measured based on the perimeter of the exterior wall. For structures with no walls, such as a patio cover, the site coverage is measured based on the dimensions of the overhead canopy.

Small family day care home.

See "Family day care home, small."

Smoke shop.

Any establishment whose primary business purpose is to sell, offer for sale, or exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. Such businesses include head shops, hookah shops and lounges, tobacco shops, and other uses of like kind or character.

Solar energy system, tier 1.

A system only used to power on-site uses. Tier 1 systems include roof-mounted and ground-mounted systems and photovoltaic systems integrated into building materials used in the construction of a structure.

Solar energy system, tier 2.

A ground-mounted system used to power on-site and off-site uses, with less than 50% of the power generated used off-site.

Solar energy system, tier 3.

A ground-mounted system used to power on-site and off-site uses, with 50% or more of the power generated used off-site.

Solid fence.

A fence constructed of substantial material (such as wood) that prevents viewing the contents from one side to the other.

Specified anatomical areas.

See "Adult-oriented business," paragraph 6.

Specified sexual activities.

See "Adult-oriented business," paragraph 7.

Stealth mount.

A way of mounting an antenna that hides the antenna by making it appear to be a part of a structure or tree.

Storage area.

Any place outside of a structure where various materials are stored.

Storage business.

A business that accepts and stores goods from one or more customers but does not provide individual, compartmentalized and controlled access to each customer's goods.

Storage container.

Any fully-enclosed area other than a structure, such as a cargo container or shipping container, where various materials are stored.

Storage, outdoor.

The storage of various materials outside of a structure, either as an accessory or a primary use.

Story.

Any one of a building's floors that has a ceiling at least 6 feet above its floor and at least 6 feet above grade.

Street.

A thoroughfare, including a road or highway, that provides the principal means of access to abutting property. For the purpose of interpreting this title, any throughway except an alley shall be considered a street.

Street line.

The boundary line between the street right-of-way and abutting property.

Structural alteration.

Any change in the supporting members of a building or structure, including bearing walls, columns, beams or girders, floor joists, ceiling joists or roof rafters.

Structure.

Anything constructed or erected that requires attachment to the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes buildings, gazebos, aviaries, signs and similar objects, but does not include fences, trellises, fountains, ponds, swimming pools, in-ground spas or similar objects.

Structure-mounted.

Any object or equipment attached to a building, billboard, tank, sign, utility pole, or other structure, but not attached to a dedicated support structure resting on the ground. When referring to wireless communication facilities, this definition includes antennas sometimes referred to as "façade mounts" and "sign mounts."

Structure, temporary.

A structure that is erected for a limited period of time, typically no longer than 60 days, and that does not permanently alter the character or physical facilities of a property.

Studio, instructional or production.

See "Instructional or production studio."

Substance abuse counseling.

Any facility that provides addiction recovery or substance abuse counseling services to the public, as a primary use, for drug, alcohol, and narcotics related addictions. Substance abuse counseling does not include medical care, overnight guests, and 24-hour nonmedical care. This definition shall not include meeting facilities, personal services, and residential care facilities as defined in this Code.

Supportive housing.

Housing configured as rental housing developments, with no limit on length of stay, that is linked to onsite or offsite 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. Supportive housing is a residential use permitted subject to the same standards and procedures as apply to other residential uses of the same type in the same zone.

Definitions, "T."

Target unit.

A dwelling unit within a housing development that is reserved for very-low-income, lower-income or moderate-income households, and for which a density bonus is to be granted, in accordance with the requirements of Chapter 17.24.

Temporary real estate office.

A portable office building that is temporarily located on the site of a development project, in order to provide an on-site working space for use by contractors, architects and others associated with the development.

Temporary sign.

See "Sign, temporary."

Temporary structure.

See "Structure, temporary."

Temporary use.

A short-term activity that may or may not meet the normal development or use standards of the applicable zoning district, but that occurs for a limited period of time and does not permanently alter the character or physical facilities of a property.

Tier 1 solar energy system.

See "Solar energy system, tier 1."

Tier 2 solar energy system.

See "Solar energy system, tier 2."

Tier 3 solar energy system.

See "Solar energy system, tier 3."

Tobacco paraphernalia.

Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, vaporizers and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. For the purpose of this title, electronic cigarette supplies are considered tobacco paraphernalia.

Tobacco product.

Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. For the purpose of this title, electronic cigarettes are considered a tobacco product. For the purposes of this title, tobacco products exclude products with a characterizing flavor.

Tower-mounted.

Any object or equipment attached to a dedicated support structure resting on the ground whose principal use is to support similar objects or equipment, and that has an overall height greater than 10 feet above finished grade at the base of the structure. When referring to wireless communication facilities, this definition includes antennas that are sometimes referred to as "monopoles," "lattice towers" and "guyed towers."

Townhouse.

See "Dwelling, single-family, attached."

Training facility.

A private school that primarily provides specialized education or training for a particular profession or trade.

Transfer business.

A business whose primary purpose is the movement of goods from one location to another, and which may use storage facilities incidentally to that purpose.

Transitional housing and transitional housing development (per California Health and Safety Code 50675.2(h)).

Housing 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 6 months. Transitional housing is a residential use permitted subject to the same standards and procedures that apply to other residential uses of the same type in the same zone.

Definitions, "U."

Usable open space.

See "Open space, usable."

Use.

See "Land use."

Use, accessory.

See "Accessory use."

Use, nonconforming.

See "Nonconforming use."

Use permit.

A permit to allow a specified land use, building or structure that is not allowed as of right on a given property, subject to the discretion of the city.

Use, primary.

See "Primary use."

Use, temporary.

See "Temporary use."

Utility building or substation.

Any facility that is used for production, distribution or processing related to a public utility that involves the use of direct physical connections, such as water, sewage, electricity, natural gas or telecommunications services.

Definitions, "V."

Vehicle.

A device by which any person or property may be propelled, moved or drawn, except a device moved by human power or used exclusively upon stationary rails or tracks.

Vehicle depot.

A facility that is used primarily for the storage of operative vehicles in a fleet, including associated repair facilities for temporarily inoperative vehicles.

Vehicle sales.

An establishment for the retail sales or rental of vehicles. Vehicle sales may include parts sales and vehicle repair, provided that these activities are incidental to the sale of vehicles.

Vehicle service or repair.

An establishment that provides any repair, alteration, servicing, restoration or finishing of any vehicle as a primary use, including, but not limited to, body repair, collision repair, muffler and radiator shops, oil change and quick-lube shops, painting, tire and battery sales and installation, and towing. The term "vehicle service or repair" does not include repair shops that are part of a vehicle sales establishment on the same site.

Vehicle sign.

See "Sign, vehicle."

Vending station.

The vehicle, cart or other device used by a mobile food vendor for the preparation and distribution of food.

Very-low-income household.

See "Household, very-low-income."

Veterinarian.

A professional office where animals receive medical treatment on the premises from a licensed veterinarian, and where all animals are housed indoors. The outdoor housing of animals shall be considered a "kennel" and is not permitted as an accessory use. Veterinarians are subject to the requirements for animal keeping in Section 17.16.120.

Definitions, "W."

Wall sign.

See "Sign, wall."

Warehousing.

The provision of facilities used primarily for the storage of commercial goods, including documents. "Warehousing" does not include mini-storage facilities or facilities used primarily for wholesaling and distribution.

Wholesaling and distribution.

The provision of facilities used primarily for selling or distributing goods to retailers, contractors, commercial purchasers or other wholesalers, or to the branch or local offices of a company or organization.

Wind-driven sign.

See "Sign, wind-driven."

Window sign.

See "Sign, window."

Wireless communication facility.

The equipment and associated structures needed to transmit or receive electromagnetic signals. A wireless communication facility typically includes antennas, supporting structures, enclosures or cabinets housing associated equipment, cable, access roads and other accessory development. Receive-only radio and television antennas, as well as receive-only satellite dishes or antennas, are excluded from this definition.

Wireless communication facility, commercial.

A wireless communication facility operated by a for-profit business.

Wireless communication facility, noncommercial.

A wireless communication facility operated by a government agency, a nonprofit organization, or a private citizen for personal use. Any amateur radio facility shall be considered a noncommercial wireless communication facility.

Definitions, "X." No specialized terms beginning with "X" are defined.

Definitions, "Y."

Yard.

See "Setback."

Definitions, "Z."

Zone.

See "District."

Zoning administrator.

The director of community development and public works, or his/her authorized representative.

Zoning clearance.

A verification by the zoning administrator that a proposed structure or use meets the requirements of this title.

Zoning map.

The official map and its underlying Geographic Information System (GIS) data, adopted by the City of Oroville, that serves to delineate the boundaries of each district as defined in this chapter.

(Ord. 1749 § 4; Ord. 1763 §§ 1, 2; Ord. 1768 § 1; Ord. 1769 §§ 1—4; Ord. 1775 §§ 1—5; Ord. 1778 § 1; Ord. 1784 §§ 2—4; Ord. 1794 § 2; Ord. 1795 § 1; Ord. 1799 § 1, 2013; Ord. 1804 § IV, 2014; Ord. 1805 § II, 2014; Ord. 1806 § II, 2014; Ord. 1819 § 1, 2017; Ord. 1830 § 2, 2018; Ord. 1841 § 1, 2020; Ord. 1850 § 4, 2021)