The purpose of this chapter is to promote consistency and precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context of such words or phrases clearly indicates a different meaning or construction. Where words are not defined here or elsewhere in the municipal code, their common meaning shall apply.
The following general rules of construction shall apply to the text of the zoning regulations:
A. 
The particular shall control the general.
B. 
In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.
C. 
The word "shall" is always mandatory and not discretionary. The word "may" is discretionary.
D. 
References in the masculine and feminine genders are interchangeable.
E. 
Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.
F. 
The words "activities" and "facilities" include any part thereof.
G. 
The word "permitted" means permitted without the requirements for a conditional use permit but subject to all applicable regulations.
H. 
Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:
1. 
"And" indicates that all connected items or provisions shall apply.
2. 
"Or" indicates that the connected items or provisions may apply singly or in any combination.
3. 
"Either . . . or" indicates that the connected items or provisions shall apply singly but not in combination.
I. 
All public officials, bodies, and agencies to which reference is made are those of the city unless otherwise indicated.
J. 
The word "city" means the city of Lemon Grove; "commission" means the planning commission of the city; "council" means the city council of the city; "director" means the planning director of the city.
K. 
The word "days" means calendar days except as otherwise noted in these regulations and includes weekends and legal holidays.
Throughout this title, the following words and phrases shall have the meanings found in this section:
"Abatement"
means the act of causing a public nuisance to cease, terminate, or come to an end.
"Abut or abutting"
means to physically touch or border upon; to share a common property or district line.
"Abutting"
shall mean the same as "adjacent," "adjoining" or "contiguous."
"Access"
means a way or means of approach to provide physical entrance to a property or use.
"Accessory building"
means a building which is incidental to, and customarily associated with a specific principal use or facility, and located on the same lot.
"Accessory dwelling unit" (ADU)
means a dwelling on the same property as a primary dwelling that provides complete independent living facilities for one or more people in compliance with California Government Code Section 65852.2. An accessory dwelling unit may be attached, detached, or internal to a primary dwelling.
"Accessory use"
means a use incidental to and customarily associated with a specific principal use, and located on the same lot.
"Acreage"
means unsubdivided land, other than a lot or lots of record.
"Addition"
means any construction which increases the size of a building or facility, occurring after the completion of the original.
Adjacent or Adjoining.
See "Abut."
"Advisory body"
means a group of individuals that hears and provides recommendations about a proposed project. The advisory body has no decision-making authority. The community advisory commission sits as an advisory body for zoning and land use matters when designated by city council resolution.
"Agriculture"
means the science and art of farming; producing crops, floriculture and horticulture; being the work of cultivating the soil.
"Alcoholic beverage"
means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
"Alley"
means any public or private way for the use of pedestrians and/or vehicles which affords only a secondary means of access to abutting property, and is not intended for general traffic circulation.
"Alteration"
means any construction of physical change in the internal arrangement of rooms or the supporting members of a building or structure, or moving of a building or structure, or substantial change in appearance of any building or structure.
"Amendment"
means a change in wording, context or substance of this title or a change in the zone boundaries upon the zoning maps, a part of this title, when adopted by ordinance passed by the city council in the manner prescribed by law.
Animal Hospital.
See "Veterinary services."
"Antique"
means any work of art, piece of furniture, decorative object, or the like, created or produced at least one hundred years before date of purchase.
"Apartment"
means a dwelling unit within a duplex or multifamily dwelling.
"Appellate body"
means a group of individuals that hears and decides appeals of decisions made by a lower body. The planning commission and the city council are the appellate bodies in Lemon Grove.
"Application package"
means a set of materials, such as application forms and checklists established by the community development director accompanied by maps, studies, etc., filed by an applicant to officially request a permit subject to this title.
"Approved"
refers to those uses, facilities, and structures that have successfully completed all applicable permitting processes.
"Arcade"
means a building, room or portion thereof, or other area either open or enclosed, which contains a concentration of coin or token operated pinball, electronic video, or other similar game machines, manipulated by players to attain scores.
"Assembly space"
means indoor or outdoor areas designed for gatherings such as worship, recreation, or entertainment.
"Attached accessory dwelling unit"
means an accessory dwelling that shares at least one common wall with the primary dwelling but is not entirely internal to the primary dwelling.
"Bar"
means a public establishment wherein alcoholic beverages are served.
"Berm"
means a mound or embankment of earth, together with necessary retaining structures.
"Block"
means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.
"Block face"
refers to the group of front lot lines of a block.
"Boarding care"
means the housing, care, and feeding of household pets and small farm animals as defined in LGMC 18.16 that is provided for stays exceeding twenty-four hours, such as in a kennel or as part of medical treatment.
"Boardinghouse"
means a dwelling or part thereof (not residential care facilities), where lodging with or without meals is provided for compensation. The boardinghouse shall have no more than five guest rooms (without separate cooking facilities), nor accommodate more than ten persons total. Lodging shall be provided for a time period of more than thirty days.
"Building"
means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal, process, equipment, goods, or materials of any kind or nature.
"Building coverage"
means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
"Building height"
means the vertical distance measured from the average elevation of the finished grade around the building to the highest point of the structure, exclusive of chimneys and permitted accessory projections.
"Building site"
means the ground area of a building or a group of buildings together with all open space as required by this title. The building site may encompass more than one lot.
"Business"
means a use or activity involving the sale or rental of goods or the sale or furnishing of services of any kind authorized according to Chapter 5.04.
"Car sharing"
means a model of vehicle rental where users can rent vehicles for short periods of time and users are members that have been preapproved to drive.
"Carport"
means a permanently roofed structure open on one or more sides used or intended to be used for vehicular parking.
"Certificate of occupancy"
means a document or the completed final inspection document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
"Clinic"
means an establishment where persons receive examination, treatment or advice concerning physical or mental matters, where patients are not lodged overnight.
"Club"
means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service, which is customarily carried on as a business.
"Cluster development"
means a form of residential development involving more than one dwelling unit, which permits a reduction in lot area and yard requirements, provided there is no increase in the number of units permitted under conventional standards and the resultant land area is devoted to open space.
"Cocktail lounge"
means a public room in a hotel, club, or restaurant where cocktails and other alcoholic drinks are served from a separate bar.
"Code"
means the Lemon Grove Municipal Code.
"Code enforcement"
means enforcement of locally adopted ordinances or regulations which specify minimum standards for the use of property, involving monitoring for compliance and corrective and/or punitive measures for violations.
"Communications facilities"
means a variety of physical components that compose wireless communications.
"Complete" or "deemed complete"
means adequate submittal of an application package, including, but not limited to, application forms, fees, studies, illustrations, maps, and written narrative necessary to provide staff, officials, and the public with a thorough understanding of the proposed project that allows a decision to be rendered on the merits of the application.
"Conditional use"
means a use which may be appropriate in a zone, depending on the location proposed for the use, its scale of activity, and its relationship to surrounding uses and the area in general. A conditional use may be denied the approval of a particular location because the use is not compatible with surrounding uses at that location, or its operation, as proposed, may be conditioned to the extent necessary to assure compatibility and acceptance of the use among other uses permitted in a zone.
"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 in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to: (1) boundaries described in the recorded final map, parcel map, or condominium plan; (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof; (3) an entire structure containing one or more units; or (4) any combination thereof.
"Condominium project"
means a real property development consisting of condominiums as defined herein and under Civil Code Sections 4125 and 6542, as amended.
"Court"
means an open space, unobstructed from ground to sky, other than a yard, that is on the same lot with and bounded on two or more sides by the walls of a building.
"Covenant"
means a formal recorded agreement between two or more persons to do or not do something specified.
Coverage.
See "Building coverage."
"Covered parking"
means a carport or garage that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space.
"Day care"
means a facility, licensed and equipped as required by law, which provides non-medical care and supervision for periods of less than twenty-four hours. This term shall include nursery schools.
1. 
"Small family day care"
means day care that is provided in a single-family dwelling for up to eight people in accordance with Section 1597 of the California Health and Safety Code. The day care provider shall reside in the home.
2. 
"Large family day care"
means day care that is provided in a single-family dwelling for up to fourteen people in accordance with Section 1597 of the California Health and Safety Code. The day care provider shall reside in the home.
3. 
"Day care center"
means a day care, regardless of size or capacity that is located in a commercial zone or commercial structure.
"Days"
means calendar days, unless otherwise noted.
"Decision"
means the written approval, denial, conditional approval, or other determination. A decision may be in the form of a notice of intent, resolution, report, or other dated instrument that memorializes the date of determinations subject to this title.
"Density bonus"
means a density increase over the otherwise allowable maximum residential density under the applicable zoning ordinance and land use element of the general plan. The developer may elect to accept a lesser percentage of density bonus.
Density, Gross.
"Gross density" means the number of dwelling units per unit measurement of land; calculation includes all the land within the boundaries of the particular area being considered, excluding nothing.
Density, Net.
"Net density" means the number of dwelling units per unit measurement of land, where the particular area being considered in the calculation is exclusive of all streets, easements and water areas.
"Detached accessory dwelling unit"
means an accessory dwelling that does not share any common wall with the primary dwelling and is not internal to the primary dwelling. A detached accessory dwelling unit may share one or more common walls with another detached accessory dwelling unit.
"Development services director"
means the director that oversees the department, which is delegated the principal responsibility over urban planning, permitting of development and improvement of private property, zoning, subdivisions and other land use matters under state and local law.
"Discretionary"
means exercising judgment on the merits of the application. The community development director, planning commission, and the city council may exercise discretion.
"Drive-in use"
means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
"Dwelling"
means a building, or portion thereof, designed for or occupied exclusively for residential purposes, but not including hotels, motels, or boardinghouses.
1. 
"Dwelling unit"
means one or more rooms, designed, occupied or intended as separate living quarters, with private sanitary and kitchen facilities, for the exclusive use of one household.
2. 
Dwelling, Single-Family.
"Single-family dwelling" means a freestanding building, built on, or assembled pursuant to the requirements of the Uniform Building Code, or a mobile home as defined in the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.), installed on a permanent foundation, designed or used exclusively for occupancy by one household and containing one dwelling unit.
3. 
Dwelling, Duplex.
"Duplex dwelling" means a building designed or used exclusively for occupancy by two households and containing two dwelling units.
4. 
Dwelling, Multifamily.
"Multifamily dwelling" means a building, or a portion of a building, containing three or more dwelling units.
5. 
Dwelling, Studio.
"Studio dwelling" means a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
"Easement"
means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
"Effective date"
means the date at which a decision becomes final. A decision is final either at the end of the prescribed appeals period if no appeal is submitted, or at the conclusion of the appeals process.
"Efficiency unit"
means a dwelling that has a minimum floor area of one hundred fifty square feet, and that may also have kitchen or bathroom facilities.
"Emergency homeless 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.
"Family"
means one or more individuals occupying a dwelling unit, including transitional and supportive housing, and living as a single household. The term "family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, boardinghouse, or institution of any kind.
"Finished grade"
means the average elevation of the finished ground surface within five feet of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground should be measured at the sidewalk.
"Fitness club"
means a business that operates a building or room designed and equipped for indoor sports, exercise, or physical education.
"Floor area"
means the total of the gross horizontal areas of all floors, including usable basements and cellars, below the roof and within the outer surfaces of the main walls of principal or accessory buildings or the center lines of party walls separating such buildings or portions thereof or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls, but excluding the following:
1. 
Areas used for off-street parking spaces or loading berths and driveways and maneuvering aisles relating thereto;
2. 
Areas which qualify as usable open space under the usable open space regulations;
3. 
In the case of nonresidential facilities: arcades, porticoes, and similar open areas which are located at or near street level, which are accessible to the general public, and which are not designed or used as sales, display, storage, service, or production areas.
"Frontage"
means that side of a lot abutting on a street; the front lot line.
Garage, Private.
"Private garage" means an enclosed accessory building or an accessory portion of the main building, designed and used primarily for the shelter or storage of operable vehicles owned or operated by the occupants of the main building.
Garage, Public.
"Public garage" means a building other than a private garage used for the storage, or care, or repair, or servicing of automobiles.
"Garbage"
means animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods.
"General plan"
means the comprehensive, long-term general plan for the physical development of the city, as required by California Government Code Section 65300, and as adopted by the council, in its present form or as hereafter amended.
"Guest house"
means living quarters having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied for the sole use of members of the family, temporary guests or persons permanently employed on the premises.
"Home occupation"
means an occupation customarily conducted as a secondary use entirely within a dwelling by the occupant of the dwelling; and gives no indication of other than residential use, and which is not detrimental to the residential character of the neighborhood by virtue of traffic flow, noise, odor, or other adverse conditions.
"Hospital"
means an institution providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured.
"Hotel"
means a facility offering transient lodging accommodations to the general public, containing six or more guest rooms, and which may provide additional services and facilities such as dining, recreation and meeting space.
"Household"
means one or more individuals living together in a single dwelling unit, with common access to and common use of all living and kitchen areas and facilities within the dwelling unit. This may include transitional and supportive housing.
"Improvement"
means any man-made item which becomes part of, placed upon, or affixed to property.
"Internal accessory dwelling unit"
means an accessory dwelling that is entirely internal to the primary dwelling.
"Intersection"
means where two or more roads connect at grade.
"Junior accessory dwelling unit" (JADU)
means an accessory dwelling no more than five hundred square feet and entirely internal to a primary dwelling that includes independent facilities for living, sleeping, cooking, and eating, and shared or independent sanitation facilities.
"Junk"
means used machinery, scrap iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, paper, building materials or other waste, which has been abandoned from its original use.
"Junkyard"
means any premises used for the keeping, storage or salvaging of junk.
"Kennel"
means any lot, building, structure, enclosure or premises that provide boarding care for household pets and small farm animals as defined in LGMC 18.16, whether such keeping is for pleasure, profit, breeding, or exhibiting.
"Kitchen"
means a room designed, intended or used for the preparation of food for consumption, which contains a sink and either a suitable gas connection or provision for an electric stove.
"Kitchenette"
means an area within a room, intended for the preparation of food for consumption, and equipped similarly to a kitchen.
"Landscaping"
means the addition of lawns, trees, plants and other natural and decorative features to land.
"Land use"
means the way in which property is utilized or occupied.
"LGMC"
means the Lemon Grove Municipal Code.
"Loading space"
means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.
"Lot"
means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.
1. 
"Corner lot"
means a lot abutting upon two or more streets at their intersection, or upon a curvature of a single street, where such streets or curvature form an interior angle of one hundred thirty-five degrees or less.
2. 
"Flag lot"
means a lot not fronting on or abutting directly a public road, where access to the public road is by a narrow, private right-of-way, and the lot is located generally to the rear of another lot or lots.
3. 
"Interior lot"
means a lot abutting only one street.
4. 
"Through lot"
means a lot which fronts upon two streets which are either parallel or do not intersect at the boundaries of the lot.
"Lot area"
means the total horizontal area within the lot lines of a lot, excluding any street right-of-way, private road easement, and excluding any portion of a flag lot providing access to a street.
"Lot depth"
means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line; where there is no rear lot line, the lot depth shall be measured by a line perpendicular to the front lot line to the most distant point on any other lot line.
"Lot line"
means any boundary of a lot.
1. 
"Front lot line"
means, on an interior lot, the lot line abutting a street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting both streets. On all other lots including flag lots, and lots with access exclusively from private easements, either the lot line most parallel to the public street, or the lot line most parallel to the access portion of the flag lot, or easement which provides access to the lot from the public street.
2. 
"Interior lot line"
means any lot line not abutting a street.
3. 
"Rear lot line"
means the lot line generally opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
4. 
"Side lot line"
means any lot line which is not a front or rear lot line.
5. 
"Street lot line"
means any lot line abutting a street.
"Lot of record"
means a single lot or parcel which has been divided or which has resulted from a division in compliance with the provisions of the Subdivision Map Act and city or county ordinances enacted pursuant thereto applicable at the time such division occurred.
"Lot width"
means the horizontal distance between side lot lines, measured at a point midway between the front and rear lot lines.
"Low and moderate income dwelling unit"
means a dwelling unit which is made available to low and moderate income households and which is not leased at a rent exceeding the fair market rent for San Diego County nor sold at a value exceeding the maximum mortgage amount for San Diego County as established by the U.S. Department of Housing and Urban Development.
"Low and moderate income household"
means a household whose income does not exceed one hundred twenty percent of the median income for San Diego County and which meets the current eligibility standards for such households as established by the U.S. Department of Housing and Urban Development.
"Manufactured housing"
means a dwelling unit that is constructed and assembled at a factory, transported to the building's site and placed on a prebuilt foundation.
"Manufacturing"
means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the construction of products, and the blending of materials such as plastics, resins, or oils.
"Ministerial"
means an administrative decision based upon definable legal standards applicable to the matter without regard to the exercise of any discretion by the official making the determination. The community development department staff may conduct ministerial review.
"Mini-warehouse" or "self-storage facility"
means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
"Minor use"
means those enumerated uses that may be accommodated in specific zoning districts through the minor use permit process.
"Miscellaneous building permits"
mean, but are not limited to, electrical, plumbing, mechanical, and water heater permits.
"Model home"
means a dwelling unit temporarily used for display purposes as an example of dwelling units available for sale or rental in a particular residential development.
"Motel"
means the same as "hotel"; except that guest rooms are apt to have direct access to the outside. Auto courts, tourist courts and motor lodges are included.
"Net area"
means an area of land exclusive of all public streets or alleys or land dedicated or offered for streets or alleys.
"Nightclub"
means an establishment open at night that serves alcohol, and may serve food, that provides entertainment such as live music, dancing or something similar.
"Nonconforming use, structure or lot"
means a use or activity, a structure or building, or a lot, the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of an ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the ordinance.
"Nuisance"
means an interference with the enjoyment and use of property.
Nursery, Retail.
"Retail nursery" means premises, whether or not enclosed, used for the retail sale of flowers, shrubs, plants and other nursery stock and materials, plus the accessory retail sale of gardening materials and supplies customarily used in the cultivation and maintenance of a home garden or landscape.
"Open space"
means an area of land set aside, dedicated, designated or reserved for public or private use or enjoyment, including, but not limited to, uses such as community gardens, or for the use or enjoyment of owners and occupants of and adjoining or neighboring such land.
"Overlay zone"
means a district established by this title, which may be applied to a lot or portion thereof only in combination with a general zoning district, and which applies additional standards and regulations upon that land. More than one such overlay may be applied to the same property.
Parcel.
See "Lot."
"Parking areas"
means an area other than a street, alley or other right-of-way, used for temporary parking of motor vehicles, including parking lot, garages and private driveways.
"Parking space"
means a position designated for the temporary parking of one motor vehicle, whether within a parking lot, garage, private driveway or right-of-way.
"Pave, paved, or paving"
means the act of surfacing public or private site improvements, such as parking areas, driveways, sidewalks, etc. Materials may be pervious or impervious.
"Penthouse"
means a structure located on the roof of a building; when used only for the shelter of accessory equipment it is not regarded as a story or counted toward building height.
"Planned development"
means an area to be planned and developed as a single entity, according to applicable standards and regulations, and containing one or more structures with appurtenant common areas. Planned developments may consist primarily of either commercial, industrial, or residential uses, perhaps with incidental accessory activities; or they might contain some combination of those primary uses.
"Premises"
means a lot, parcel, tract or plot of land, together with the buildings, structures and appurtenances thereon.
"Primary dwelling"
means the main dwelling on a property with an accessory dwelling unit or junior accessory dwelling unit.
"Principal, primary, or main building"
means a building in which is conducted the principal use of the lot upon which it is situated. In any residential district, any dwelling shall be deemed to be a main building upon the lot upon which the same is situated.
"Principal or primary use"
means the primary or predominant use of any lot. Generally, that activity which occupies the greatest amount of floor and/or site area.
"Project"
means the planning, permitting, and/or construction of a development, including on- and off-site improvements, for a site.
"Proposed action"
means a future plan or activity whose uses, structures, and/or improvements of real property that must first obtain approvals and/or permits according to this title.
"Public road or street"
means any road or street or thoroughfare of whatever nature that is publicly maintained and open to the use of the public for the purposes of vehicular travel.
"Queue line"
means an area for temporary parking and lining of motor vehicles while awaiting a service or other activity.
"Recreation"
means those activities, for amusement or entertainment purposes where the public or members are invited or allowed to attend or assemble, except city, county or state parks and recreation areas. Although not intended to be specifically limited thereby, examples of recreation are bowling alleys, community gardens, golf courses or private tennis centers, billiard or pool halls, stadiums and recreation areas.
"Recreational vehicle"
means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers.
"Residential care facility"
means an establishment where twenty-four-hour per day care or supervision is provided to related or unrelated persons residing there, which is licensed pursuant to the provisions of the California Community Care Facilities Act or other applicable state law; including, but not limited to, nursing or rest homes, group homes for the handicapped, foster homes, recovery homes and half-way houses.
"Retail sales or service"
means the sale of goods or articles, or the provision of a service, individually or in small quantities directly to the ultimate consumer.
"Right-of-way"
means a strip of land, whether public or private, which has been established by reservation, dedication, forced dedication, prescription, condemnation or other means, which is occupied or intended to be occupied by a road, walkway, railroad, utility transmission facility or other similar use.
"Room"
means an undivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways and service porches.
"School"
means any building or part thereof which is designed, constructed or used for education or instruction, whether public or private.
School, Vocational, Business or Trade.
"Vocational, business or trade school" means a facility primarily teaching usable skills that prepare students for jobs in a trade, and meeting state requirements as a vocational facility.
"Screening"
means a method of visually shielding or obscuring a structure or use from an abutting or nearby use, or from the general public, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof.
"Secondhand merchandise"
means used common household items including clothing, personal effects, household furnishings, appliances, and office equipment and furnishings.
"Senior housing"
means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including Section 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and which is consistent with implementing regulations used in California Civil Code Sections 51.2 through 51.4 including that senior housing is residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least thirty-five dwelling units.
"Setback line"
means the inner edge of any required yard, which indicates the required minimum distance from the right-of-way line (private or public) or any lot line for any principal structures to be located.
"Sight zone"
means a triangular area formed by a line drawn between points twenty feet from the intersecting property lines of a corner lot's street sides, within which no building may be built, nor may any fence, wall or other obstruction exceed three and one-half feet in height or in conformance with the current Highway Design Manual approved by the city council at the time of development approval.
"Site"
means a parcel of land, or a combination of contiguous lots or parcels of land, which upon development may be divided into individual building lots, roadways, parking areas, open space or other uses.
"Smoking lounge"
means businesses that include cigar lounges, electronic smoking lounges, or any combination of those uses. Smoking lounges may serve food.
"State Density Bonus Law"
means California Government Code Sections 65915 through 65918.
"Story"
means the portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.
"Structural alterations"
means any change in the supporting members of a building such as bearing walls, columns, beams, girders, floor or roof joists, or rafters, or any change in roof or exterior lines, or in foundations.
"Structure"
means anything constructed or erected on the ground, or which requires location on the ground, or is attached to something having a location on or in the ground.
"Substantial activity"
means tangible progress toward submitting a complete application. Tangible progress may include, but is not limited to, adequate response to previous city staff comments, adequate resubmittals, or evidence that technical reports are forthcoming to the city.
"Swimming pool, hot tub or Jacuzzi"
means any confined body of water exceeding two feet in depth and located either above or below the existing finished grade of the site, designed and intended for swimming, bathing or therapeutic purposes.
"Tandem parking"
means two or more vehicles that are parked on a driveway or in any other location on a lot, lined up behind one another.
"Temporary use"
means a use established for a fixed period of time, with the intent to discontinue such use upon the expiration of the time period.
"Theater"
means a building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.
"Total land area"
means all land within the proposed development, exclusive of any land within private streets and within the rights-of-way of dedicated streets.
"Trailer"
means a vehicle without motive power, designed to be drawn by a motor vehicle and to be used for short-term human habitation, for carrying persons and property, or as a temporary office.
"Usable open space"
means that portion of a development site not covered by main or accessory buildings, exclusive of permitted architectural feature encroachments, which is accessible for use and enjoyment of the occupants of main buildings and which provides requisite amenities such as community gardens and comfort for a proper residential environment; provided further, that access drives, off-street parking areas and utility yards shall not be considered as required usable open space, but recreation decks over accessory structures and roof gardens may be included.
"Use"
means the purpose for which land or a building or structure is arranged, designed, or intended to be used, or for which it is or may be used, occupied or maintained.
"Utility facilities"
means those energy, transportation, and water facilities whose uses are subject to the California Public Utility Commission, with the exception of communications facilities.
"Variance"
means permission to depart from the literal requirements and strict application of an ordinance; an owner must demonstrate that the property is subject to unique circumstances, and that enforcement of the regulations would deprive the property of privileges commonly enjoyed by other properties in the same vicinity and zone; it must also be proven that the regulations can be relaxed without any adverse impact on the public good.
"Vehicle dismantling"
means the disassembly or wrecking of vehicles, or the storage, sale or dumping of dismantled vehicles or their parts. The presence of five or more inoperative vehicles on any lot for more than thirty days shall constitute a vehicle dismantling yard.
"Vehicle repair—Major"
means heavy mechanical repairs that typically require more than eight hours of active repair (labor) time to complete. Typical repairs would include rebuilding or reconditioning engines, transmissions, or other major vehicle components; collision repair including body repair, frame straightening, and painting; upholstery. Overnight vehicle storage of vehicles being actively repaired is permitted (see Outdoor storage, Section 17.24.060(E)(8)). Facilities and operations shall comply with all standards set forth in this title.
"Vehicle repair—Minor"
means repair or replacement of lesser vehicle components, such as clutches, carburetors, or brakes, for vehicles not exceeding one and one-half tons capacity. Any operation listed under "Vehicle repair—Major" is not permitted. Facilities and operations shall comply with all standards set forth in this title.
"Vehicle sales"
means the indoor or outdoor display and sale of vehicles including those activities which are normally accessory to such display and sale, including, but not limited to, maintenance and minor repairs, washing of vehicles, sale and installation of parts and accessories.
"Vehicle service/maintenance"
means a business primarily intended for the retail sale of vehicle fuel, which may include incidental merchandise and supplies; and vehicular services such as automatic or manual washing and detailing services, tire repair, equipment adjustments, tune-ups and similar minor services.
"Veterinary services"
means an establishment that provides medical or surgical care for household pets and small farm animals, as defined in LGMC 18.16 and Business and Professions Code Section 4826. The use may also include grooming or other minor services including short-term, incidental boarding of animals while undergoing medical treatment.
"Warehouse"
means a building used primarily for the storage of goods and materials.
"Wholesale sales"
includes all sales of goods, wares, merchandise or services to a retailer.
"Yard"
means an area within a lot, adjoining a lot line, and measured horizontally and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title.
1. 
"Corner yard"
means a side yard of a corner lot which faces a street.
2. 
"Front yard"
means a yard measured into a lot from the front lot line, extending the full width of the lot between side lot lines intersecting the front lot line.
3. 
"Rear yard"
means a yard measured into a lot from the rear lot line, as defined in this section; extending between the side yards; provided that, for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line.
4. 
"Side yard"
means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line.
"Zero lot line"
means the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line.
"Zone"
means a specifically delineated area or district within which certain regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
(Ord. 394 § 4, 2010; Ord. 422, 2014; Ord. 430 § 4, 2015; Ord. 434 § 1, 2015; Ord. 438 § 1, 2016; Ord. 461 § 1, 2022)