Chapter 18.10
DEFINITIONS
Sections:
18.10.010 General.
18.10.020 Definitions.
18.10.010 General.
A. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural and those in the plural number include the singular.
B. The terms “shall” and “will” are imperative, the words “can” and “may” are permissive. [Ord. 95-7 § 2; Code 1990 § 12.2.01.]
18.10.020 Definitions.
For the purposes of carrying out the intent of this title, the following words and phrases shall have the meanings respectively ascribed to them in this section:
“Abandoned” shall mean to cease or suspend from developing or maintaining a building or use for a stated period of time.
“Abutting and adjoining” shall mean having district boundaries or lot lines in common.
“Access” shall mean the place, or way, by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by zoning regulations.
“Accessory building” shall mean a portion of the main building or a detached subordinate building located on the same lot, the use of which is customarily incident to that of the main building, or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where the accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be considered as a part of the main building.
“Accessory use” shall mean a use incidental, appropriate, subordinate and devoted exclusively to the main use of the lot or building.
“Alley” shall mean a public or private way, other than a street or highway, permanently reserved as a primary or secondary means of vehicle access to adjoining property.
“Amendment” shall mean a change in the wording, content or substance of this title or an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, when adopted by ordinance passed by the city council in the manner prescribed by law.
“Ancillary use” shall mean the same as “accessory use.”
“Animal hospital” shall mean a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration.
“Arcade” shall mean any business establishment in which there are more than 10 mechanical or electronic play devices, as defined in this section, which are available for use by the public or business invitees, or both. Any business establishment that anticipates receipt of more than 50 percent of its gross income from the sale of food and beverages, and which possesses a valid county health department permit to operate a restaurant, shall not be considered an arcade for the purposes of this title.
“Authorized agent” shall mean anyone who has actual or ostensible authority to speak for or make presentations on behalf of the owner of any property. An authorized agent shall be responsible for any information or data which he presents to the city.
“Automobile dismantling yard” shall mean any lot or any portion of a lot used for the dismantling or wrecking of automobiles or other motor vehicles or trailers, or for the storage, sale, keeping for sale, or dumping of dismantled, partly dismantled, obsolete or wrecked motor vehicles or their parts, as a business, hobby or otherwise other than the sale of used car parts within an enclosed building where no dumping is permitted. The presence on any lot or parcel of land of four or more motor vehicles which, for a period exceeding 30 days, have not been capable of being operated under their own power, and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence that such lot or portion thereof is an automobile dismantling yard.
“Automobile impound yard” shall mean any lot or parcel of land used for the storage of any motor vehicle which has been impounded under court order or any state law. An automobile impound yard shall not include the dismantling, reuse or sale of motor vehicles or their parts.
“Automobile parking space” shall mean an area, other than a street or an alley, reserved for the parking of an automobile.
“Automobile repair garage” shall mean a building, other than a private garage, used for the care, repair or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.
“Automobile service station” shall mean any building or premises used primarily for the retail sale of gasoline and lubricants, but which may also provide for the incidental servicing of motor vehicles, including grease racks, tire repairs, battery charging, automobile washing (nonmechanical), sale of merchandise and supplies related to the servicing of motor vehicles, the performance of minor automotive maintenance and repair, minor replacements and the supplying of other incidental customer services and products. Major automotive repairs, painting, body and fender work, engine overhauling and similar work are excluded from the term “automobile service station” except where such uses are otherwise permitted.
Automobile Storage of Nonoperating Vehicles. The presence on any lot or parcel of land of one or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of nonoperating motor vehicles. The storage of nonoperating motor vehicles shall not include automobile wrecking.
“Basement” shall mean one or more stories wholly or partly underground. A basement shall be counted as a story for the purpose of height measurements if:
A. Over five feet of its height is above average level of the adjoining ground; or
B. Uses conducted therein are chargeable for parking.
“Berm” shall mean a mound or embankment of earth.
“Billboard” shall mean the same as “off-site sign.”
“Block” shall mean all property fronting upon one side of the street between intersecting and/or intercepting streets, or between a street and a right-of-way, waterway, dead end of a street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
“Boarding or rooming house” shall mean a building containing a single dwelling unit and not more than 10 guest rooms where lodging is provided with or without meals, for compensation. A boarding or rooming house shall not include rest homes, nursing homes, boarding homes, or homes for the aged.
“Building” shall mean a permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. The word “building” shall include the word “structure.”
“Building code” shall mean the building code of the city of Calimesa.
“Building face” shall mean the area of one building elevation, either the front, rear or side.
“Building frontage” shall mean the side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed in the general plan, transportation element, shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.
“Building height” shall mean the vertical distance measured from the adjoining curb level to the highest point of the building, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
“Business” shall mean a commercial, office, institutional or industrial establishment.
“Carport” shall mean a permanently roofed structure with not more than two enclosed sides, used for automobile shelter or storage.
“City” shall mean the city of Calimesa as the same now exists or may hereafter exist.
“City council” shall mean the city council of the city of Calimesa.
“Clinic, dental or medical” shall mean a building or group of buildings which a group of physicians and/or dentists and professional assistants allied therewith are associated for the purpose of carrying on their profession and providing group medical services. The clinic may include a dental or medical laboratory, but shall not include in-patient care or operating rooms for major surgery.
“Club house” shall mean the building or group of buildings of an association of persons (whether or not incorporated) for the promotion of some nonprofit common interest and holding meetings or functions periodically which are limited to members and guests. It does not include groups organized primarily to render a service which is customarily carried on as a business.
“Commercial” shall mean any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of buyer, seller, processor or improver.
“Commission” shall mean the planning commission of the city of Calimesa.
“Conditional use” shall mean a use of land for which a conditional use permit is required by this title.
“Condominium” shall mean a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in space in a residential or commercial building on the parcel.
“Construction, new” shall mean structures for which the “start of construction” commenced on or after the effective date of the ordinance codified in this title.
“Construction, start of” shall mean the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
“Contractor’s equipment yard” shall mean a facility, building or premises used for the conduct of a business involved primarily with the rendition of contractor’s services and the use or storage of trucks, trailers, semi-trailers, cranes, hoists, storage tanks, large timbers or beams, or similar equipment or the storage of construction or maintenance materials or supplies, but excluding any such equipment, or materials when used as incidental to a primary use lawfully conducted on the premises and stored thereon in accordance with all applicable provisions of this title.
“Convalescent home” shall mean the same as “rest home.”
“Convenience store” shall mean any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
“County” shall mean the county of Riverside.
“Day care facility” shall mean a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. “Day care facility” includes family day care homes and extended day care facilities. A “family day care home” is a day care facility located in a residence which regularly provides care, protection and supervision of 14 or fewer children from more than one other family, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away and includes the following:
A. “Small family day care homes” are those which provide family day care for eight or fewer children, including children who reside at the home.
B. “Large family day care homes” are those which provide family day care for up to 14 children, inclusive, including children who reside at the home.
“Density” shall mean the number of dwelling units per gross acre, unless otherwise stated, for residential uses.
“District” shall mean zoning district.
“Drive-through facility” shall mean a facility, including a restaurant, which by its design allows people to receive goods and/or services while remaining in their automobiles.
Drive-Through Restaurant. See “restaurant.”
“Dwelling” shall mean a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding or rooming houses, or dormitories.
A. “Dwelling, multiple” shall mean a detached building designed and used for occupancy by three or more families, each living independently of others and each having separate kitchen facilities.
B. “Dwelling, multifamily attached” shall mean a building containing two or more dwelling units.
C. “Dwelling, single-family” shall mean a detached building designed or used exclusively for the occupancy by one family and having a kitchen facility for only one family.
D. “Dwelling, single-family attached” shall mean a duplex, triplex or fourplex.
E. “Dwelling, single-family detached” shall mean a building containing one dwelling unit.
F. “Dwelling, two-family” shall mean a building designed or used exclusively for the occupancy by two families, living independently of each other and having separate kitchen facilities for each family. The term “two-family dwelling” shall include the term “duplex.”
“Dwelling unit” shall mean two or more rooms including bathroom(s) and a kitchen, designed for occupancy by one family for living and sleeping purposes.
“Easement” shall mean a grant of one or more property rights by the property owner for use by the public, a corporation or another person or entity.
“Educational facilities – public and private schools” shall mean public or private schools offering instruction in those courses required by the California Education Code and maintained pursuant to the standards set by the State Board of Education. This definition includes a nursery school, preschool, elementary school, middle school, junior/middle high, high school, or college/university. It does not include a vocational or professional trade school.
1. “Small educational facilities” shall mean public or private schools, as defined above, for 25 or fewer students.
2. “Large educational facilities” shall mean public or private schools, as defined above, for 26 or more students.
“Educational facilities – vocational/trade schools” shall mean schools that offer instruction and practical introductory experience in commercial and/or trade skills.
“Family” shall mean one or more individuals occupying a dwelling unit and living as a single household unit.
“Family care or community care facility” shall mean a facility which provides resident services in a private residence to six or fewer individuals who are not related to the resident household. These individuals are handicapped, aged, disabled, or in need of adult supervision in accordance with their individual needs. This category includes foster or boarding homes for children, group homes, and family homes. Family or community care facilities shall be subject to the following conditions:
A. Such facilities shall be permitted only in dwelling units licensed by the state, county, or other jurisdiction so authorized;
B. That there be no undue concentration of such facilities in any block or neighborhood when such concentration would become materially detrimental to the public health or safety or to the aims and goals of the program;
C. That the use be so operated as not to constitute a public nuisance.
“Floor area ratio (FAR)” shall mean the numerical value obtained by dividing the above-ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.
“Freeway building frontage” shall mean a building wall parallel or nearly parallel to an adjacent freeway.
“Freeway lot frontage” shall mean a property line adjacent to a freeway right-of-way.
“Frontage” shall mean the distance measured along a front line adjoining a street or a side lot line on the street side of a corner lot.
“Garage” shall mean the following:
A. “Garage, private” shall mean an accessory building or an accessory portion of a main building, not including carports, designed or used only for the shelter or storage of operating motor vehicles owned or operated by the occupants of the main building.
B. “Garage, public” shall mean any garage other than a private garage used only for the shelter or storage of operating motor vehicles, and/or for the care, repair, equipping, hire or sale of such vehicles.
“General plan” shall mean the city of Calimesa general plan as adopted by the city council, who may amend the plan from time to time, hereafter referred to as the “general plan.”
“Grade” shall mean the average of the finished ground level at the center of all exterior walls of a building. In case the walls are parallel to and within five feet of a sidewalk, the above-ground level shall be measured at the sidewalk.
“Granny flat” shall mean an additional dwelling unit intended for the sole occupancy of one or two adult persons who are 62 years of age or over, and the floor area of the attached granny flat dwelling does not exceed 30 percent of the existing living area of the primary residence or the floor area of the detached granny flat dwelling unit does not exceed 1,200 square feet on a lot designated as residential, as defined in Government Code Section 65852.1.
“Gross acreage” shall mean the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes.
“Gross floor area” shall mean the area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards.
“Guest house” shall mean living quarters, having no kitchen facilities, 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.
“Haul road” shall mean a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.
“Home occupation” shall mean any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof. A day care facility shall not be a home occupation for the purpose of this code.
“Hospital” shall mean any facility licensed by the State Department of Public Health specializing in providing clinical, temporary or emergency services of a medical or surgical nature to patients or injured persons.
“Hotel” shall mean guest rooms or suites occupied on a transient basis, with most rooms gaining access from an interior hallway.
“Idle” shall mean to curtail, for a period of one year or more, surface mining operations by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date (California Public Resources Code, Section 2727.1).
“Junk” shall mean any worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some reuse. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
“Junk yard” shall mean any lot or the use of any portion of a lot where scrap, waste or discarded materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvage house-wrecking and structural steel materials and equipment. “Junk yard” does not include pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged material incidental to manufacturing operations conducted on the premises.
“Kennel” shall mean any lot, building, structure or premises upon or in which four or more dogs or cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs are kept, maintained or permitted for any reason or purpose, whether commercial, noncommercial or otherwise.
“Kitchen” shall mean any room designed, used or maintained for cooking or preparation of food.
“Landscaping” shall mean the planting and maintenance of some combination of trees, shrubs, vines, ground cover, flowers or lawn. In addition, the combination or design may include natural features such as rocks, stone, and structural features including, but not limited to, fountains, reflecting pools, art works, screens, fences and benches.
“Linkage” shall mean pedestrian walkways, constructed within landscaped parking areas, which provide safe, unrestricted access to establishments within the development.
“Loading space” shall mean an off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
“Lot” shall mean a parcel of land occupied, or to be occupied, by a building or group of buildings and accessory buildings, together with such yards, open spaces, lot width, and lot area as required by the provisions of this title, and having frontage upon a public street or a place approved by the commission. The word “lot” shall include the words “parcel” or “plot.”
A. “Lot, corner” shall mean a lot abutting upon two or more streets at their intersection or junction.
B. “Lot, flag” shall mean a lot having access or an easement to a public or private street by a narrow, private right-of-way.
C. “Lot, interior” shall mean a lot other than a corner, reversed corner or key lot.
D. “Lot, key” shall mean a lot with a side line that abuts the rear line of any one or more adjoining lots.
E. “Lot, reversed corner” shall mean a corner lot, the street side of which is substantially a continuation of the front lot line of the first interior lot to its rear.
F. “Lot, through” shall mean a lot having frontage on two parallel or approximately parallel streets.
“Lot area” shall mean the total horizontal area within the lot lines of a lot.
“Lot depth” shall mean the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
“Lot line” shall mean any boundary of a lot. The classifications of lot lines are as follows:
A. “Lot line, front” shall mean the line separating the lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot.
B. “Lot line, rear” shall mean the lot line which is opposite and most distant from the front lot line.
C. “Lot line, side” shall mean any lot line not a front lot line or a rear lot line.
“Lot width” shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
“Manufacture” shall mean to assemble, fabricate, compound, process, treat or remanufacture.
“Manufactured home” shall mean a factory-built or manufactured home, including mobile homes, as permitted by state of California and federal laws.
“Manufactured home park or subdivision” shall mean a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
“Mechanical play device” or “electronic play device” shall mean any machine, device or apparatus, whether mechanically or electronically operated, including pool and billiard tables, the operation of which is made possible by the deposit or placement of any coin, slug, disk, card, key or any other article or device, into any slot, crevice or opening, or by the payment of any fee or consideration for its use or operation, and which involves the manipulation of hand levers, electronic releases or other buttons or levers in the conduct of the game.
“Minerals” shall mean any naturally occurring chemical element or compound, or groups of elements and compounds formed from inorganic processes and organic substances, including but not limited to coal, peat and bituminous rock, but excluding geothermal resources, natural gas and petroleum (State Regulations, Section 3501). For the purposes of this title, “minerals” shall also include but not be limited to sand, gravel, cinders, diatomaceous earth, shale, limestone, flagstone, decorative stone and rip-rap.
“Mobile home” shall mean the same as “manufactured home,” but subject to the National Manufactured Housing Construction and Safety Act of 1974.
“Mobile home park” shall mean any area or tract of land where one or more mobile home spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.
“Motel” shall mean guest rooms or suites occupied on a transient basis, with most rooms gaining access from an exterior walkway.
“Municipal code” or “code” means the Calimesa Municipal Code, amended.
“Net site area” shall mean the total area within the lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
“Nonconforming lot” shall mean a lot which, when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located, or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards.
“Nonconforming structure” shall mean a building or structure lawfully existing on the effective date of these regulations but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendment.
“Nonconforming use” shall mean a use which lawfully occupied a building or land on the effective date of these regulations but which would be prohibited, regulated, or restricted under the term of these regulations or future amendment.
“Operator, mining” shall mean any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.
“Overburden” shall mean the soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.
“Parcel” shall mean a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll.
“Parking space, automobile” shall mean a space within a building or on a lot for the parking or temporary storage of one automobile with adequate provision for ingress and egress by an automobile of standard size.
“Permitted use” shall mean any use allowed in a land use zoning district and subject to the provisions applicable to that district.
“Person” shall mean a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
“Principal use” shall mean the primary or predominant use of any lot, building or structure.
“Public right-of-way” shall mean a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.
“Public utility facility” shall mean, but shall not be limited to, an assembly of materials and equipment including the buildings and structures necessary for the provision of electricity, telephone, cable television, water and gas for general consumer use.
“Quasi-public use” shall mean a use conducted by a private nonprofit educational, religious, recreational, charitable or medical institution, the use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, private hospitals, youth centers and similar uses.
“Reclamation” shall mean the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses, and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.
“Recreational vehicle” shall mean a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for 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 or buses, boats and boat trailers, and all-terrain vehicles.
“Recyclable material” shall mean reusable material, including, but not limited to, metals, glass, plastic and paper, which is intended for reuse, remanufacture or constitution for the purpose of using the altered form. “Recyclable material” does not include refuse or hazardous materials.
“Recycling facility” shall mean a center for the collection and/or processing of recyclable materials. A “certified recycling facility” or “certified processor” means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A “recycling facility” does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
A. “Collection facility” shall mean a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in CMC 18.25.050(H)(2)(e). Collection facilities may include the following:
1. Reverse vending machines;
2. A “small collection facility” which occupies an area of not more than 500 square feet and may include a mobile unit;
3. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;
4. Kiosk-type units, which may include permanent structures;
5. Unattended containers placed for the donation of recyclable materials;
6. A “large collection facility” which may occupy an area of more than 500 square feet and may include permanent structures.
B. “Mobile recycling unit” shall mean an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
C. “Processing facility” shall mean a building or enclosed space used for the collection and processing of recyclable material. “Processing” means the preparation of material for efficient shipment, or to an end user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
1. A “light processing facility” occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.
2. A “heavy processing facility” is any processing facility other than a light processing facility.
D. Reverse Vending Machine(s).
1. A “reverse vending machine” is an automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state of California. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
2. A “bulk reverse vending machine” is a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
“Restaurant” shall mean the following:
A. “Restaurant, drive-in and walk-up” shall mean an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation, from a limited menu, on which orders and food are taken or provided at a counter serving primarily take-out food, or any full-service restaurant with a drive-in or walk-up counter or window.
B. “Restaurant, full service” shall mean an establishment which, on a regular basis, is open for the serving of meals to patrons for compensation and which has adequate kitchen facilities suitable for the preparation of a variety of complete cooked meals, over and beyond such foods as sandwiches or salads, and at which orders are taken and meals are served at the tables by employees of the restaurant.
“Rest home” shall mean a building or a group of buildings which provides nursing, dietary and/or other personal services rendered to convalescents, invalids or aged persons, but excludes cases of contagious, communicable diseases, and excluding surgery or primary treatment, such as are customarily provided in sanitariums, hospitals and mental institutions.
“Retail shopping center” shall mean a combination of two or more buildings totaling 25,000 square feet or more of gross floor area which are located on one or more parcels with reciprocal parking and access.
“Retail store” shall mean a business selling goods, wares or merchandise directly to the ultimate consumer.
“Salvage yard” shall mean any lot or the use of any portion of any lot where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled or stored, including automobile wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations conducted on the premises.
“School” shall mean an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. A school may be publicly or privately operated.
“School, trade or vocational” shall mean private schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, beauty colleges, business colleges, electronic schools and similar commercial establishments.
“Second dwelling unit” shall mean an additional dwelling unit which may be rented, and the floor area of the attached second dwelling unit does not exceed 30 percent of the existing area of the primary residence or the floor area of the detached second dwelling unit does not exceed 1,200 square feet on a lot designated as residential, as defined in Government Code Section 65852.2.
“Section” shall mean any portion of this title immediately preceded by figures commencing with the number “18.”
“Setback” shall mean the required distance that a building, structure, parking or other designated item must be located from a lot line.
“Storage yard” shall mean any open space upon which is stored or placed for any length of time, as a primary use of the land, any goods, wares, merchandise, finished products, materials in process, equipment or supplies of any kind, but excluding the storage or placing of any of the foregoing items solely as a use secondary to a lawful primary use conducted on the property, provided applicable provision of the municipal code.
“Story” shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. That portion of a building between a floor and a floor above, more than 50 percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking.
“Street” shall mean a public thoroughfare of right-of-way dedicated, deeded or condemned for public use and which affords the principal means of access to abutting process.
“Structure” shall mean anything constructed or erected which requires location on the ground or attached to something having a location on the ground.
“Subsection” shall mean any division within any numbered section of this title.
“Surface mining operations” shall mean all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:
A. In-place distillation, retorting or leaching.
B. Production and disposal of mining waste.
C. Prospecting and exploratory activities.
Surface mining operations shall also include the creation of borrow pits, streamed skimming, segregation and stockpiling of mined materials and recovery of same (State Regulations, Section 3501).
“Temporary use” shall mean a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
“Truck terminal” shall mean any facility, building or premises used or improved for use for the storage, maintenance, repair or servicing of trucks, trailers, semi-trailers or similar transportation equipment or used primarily in connection with the transportation, transfer or storage of goods, wares, or merchandise, whether or not such use is conducted outside or within an enclosed building, but excluding the storage, maintenance, repair, or servicing of any such transportation equipment or the storage of goods, wares and merchandise solely as an incident to a conduct of a primary use permitted and lawfully conducted by the owner thereof on such premises.
“Usable open space” means any usable area designated for and to be used for outdoor living, recreation, or landscaping on the ground or unenclosed balcony, or approved roof deck, and may include patios and deck areas of swimming pools and rear yards. No portion of required front yards and side yards, off-street parking space or driveways shall constitute usable open space.
“Use” shall mean the purpose for which land or a building is arranged, designed or intended or for which either is or may be occupied or maintained.
“Variance” shall mean a waiver of specific regulations of this title, granted by the city in accordance with the provisions set forth in this title, for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone.
“Wholesale” shall mean sale or resale and not for direct consumption.
“Wrecking yard” shall mean the same as “automobile dismantling yard.”
“Yard” shall mean an open space on a lot unoccupied and unobstructed from the ground above. The classifications of yards are as follows:
A. “Yard, front” shall mean a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot located at the distance prescribed by the regulations of the zone district in which the property is located.
B. “Yard, rear” shall mean a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line.
C. “Yard, side” shall mean a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest point of the main building.
“Zero lot line” shall mean the location of a structure on a lot in such a manner that one or more of the structure’s sides rests directly on a lot line.
“Zone” shall mean an area of land shown on the official zoning map or described in this title within which uniform regulations for the uses and development of land are made applicable by this title and shall include “district,” “zone district” and “zoning district.”
“Zone change” shall mean the legislative act of amending this title by removing an area of land form one zone district and placing it in another zone district on the official zoning map. [Ord. 288 § 3, 2009; Ord. 285 §§ 2, 3, 2009; Ord. 233, §§ 4 – 6; Ord. 95-7 § 2; Code 1990 § 12.2.02.]