Chapter 17.90
DEFINITIONS
Sections:
17.90.010 Purpose.
Unless the text of this title states otherwise, the following definitions shall be used in the interpretation and construction of this title. Words and phrases used in this title shall be defined as follows. (Ord. 09-04 §2(c)(Exh. C)(part), 2009: Ord. 90-02 §2(part), 1990).
17.90.020 Definitions.
"Abandonment" means the cessation of the use of the property for a period of one year or more.
"Abatement" means eliminating a zoning violation.
"Abut" means to physically touch or border upon; or to share a common property line.
"Access" or "access way" means the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property, parcel or natural feature or use as required by this title.
"Accessory" means incidental or subordinate to the principal use or structure on the same lot or parcel.
"Accessory building" or "accessory structure" means a structure or building, part of a building, or structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure. The structure is customary, incidental, appropriate and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory does not alter the principal use of the site.
Accessory Use, Agricultural. "Agricultural accessory use" means those uses and structures customarily incidental and subordinate to the agricultural use of the land including, but not limited to, barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation and crop-protection equipment; the storage and use of fuels for heating buildings and operation of farm equipment or appliances; water and wastewater treatment facilities and systems for private uses and structures which are determined by the planning director to be necessary, customary, and incidental to the agricultural use of the lot or parcel. Agricultural accessory uses shall not include construction equipment storage yards.
Accessory Use, Commercial. "Commercial accessory use" means those uses and structures customarily incidental and subordinate to the commercial use of the land, including but not limited to, trash storage areas and bins; vending machines; six or less games/amusement devices and two or less pool tables occupying less than twenty-five percent of the net floor area of the principal use; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculpture, paintings and other works of art; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for operation of appliances or equipment used within a building; water and wastewater treatment facilities and systems; sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the planning director to be necessary, customary and incidental to the commercial use of the land.
Accessory Use, Industrial. "Industrial accessory use" means those uses, structures and buildings customarily incidental and subordinate to the industrial use of the land, including but not limited to, loading and unloading facilities and equipment, parking area and shipping terminals; water and wastewater treatment facilities and systems; incidental services such as cafeterias; storage facilities and garages, sales offices, showrooms and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for operation of appliances or equipment used within a building; the storage of fully operative fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the planning director to be necessary, customary and incidental to the industrial use of the land.
Accessory Use, Living quarters. "Accessory use living quarters" means the same as "Dwelling."
Accessory Use, Residential. "Residential accessory use" means those uses and structures customarily incidental and subordinate to the residential use of the land, including but not limited to, private garages, children’s playhouses, patios, decks, fences, landings, porches, gazebos, outdoor gardens, storage sheds, radio and television antennas, satellite dish antennas, solar panels, flagpoles; private boat docks, and boathouses; private pools, tennis courts, spas and hot tubs; domestic animal keeping; exotic animal keeping; systems for private domestic use; permitted signs; the storage and use of fuels for heating buildings or for operating light equipment or household appliances; the parking of or temporary storage of operative automobiles, light trucks, boats, and motorcycles; and other accessory uses and structures which are determined by the planning director to be necessary, customary and incidental to the residential use of the lot or parcel. Accessory use, residential, shall not include mobile storage trailers, storage structures or cargo boxes designed or once serving as commercial shopping or cargo containers, truck trailers or boxes; and the storage of tractor-trailers or separate tractors or cargo trailers.
"Acre" means a land area unit containing forty-three thousand five hundred sixty square feet.
"Addition" means any construction which increases the size of an existing building such as a porch, attached garage or carport, or new room. An addition is a form of alteration.
"Adjacent" means near, close, or abutting; for example an industrial zone across a street or highway from a residential zone shall be considered "adjacent."
"Adjoin" means the same as "Abut."
"Adult oriented business" (refer to Chapter 9.20, Adult Oriented Businesses, Section 9.20.040, Definitions).
"Advertising structure" means any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size or shape, for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as said advertising structure.
"Aesthetic" means the perception of artistic elements, or elements in the natural or manmade environment which are pleasing to the eye.
"Agricultural processing" means the refinement, treatment, or conversion of agricultural products. Examples of agricultural processing include, but are not limited to, packing sheds, fruit dehydrators, cold storage houses and hulling operations and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form when such products are produced on the premises, including all uses customarily incidental thereto, but not including a slaughter house, fertilizer works, commercial packing or processing plant for the reduction of animal matter or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property.
"Agricultural service establishment" means a specialized form of agribusiness which not only has an integral role in local farming or ranching practices but is solely dependent upon agriculture to remain a business.
"Agricultural use" means the tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying and animal husbandry.
"Airport" means any area which is customarily used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
"Aisle" means the traveled way by which cars enter and depart parking spaces.
"Alcohol beverage sales" means any retail activity which includes the sale or dispensing of alcoholic beverages for consideration of on-sale liquor or off-sale liquor. "Alcoholic beverages" shall be defined as those beverages requiring licensing for sale by the California State Department of Alcoholic Beverage Control (hereinafter referred to as an "ABC license").
"Alley" means a public or private thoroughfare which affords a secondary means of access to abutting property and not intended for general traffic circulation.
"Altered" or "alteration" means the same as "Structural alteration."
"Ambulatory person" means a person who is able to walk about assisted; a patient who is not bedridden.
"Amendment" means a change in the working, context, or substance of this title, as addition or deletion, or a change in zone boundaries or classifications upon the zoning map which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed.
"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.
"Annexation" means the incorporation of land into the city of Kerman with a resulting change in the boundaries of the city.
"Antenna" means a device used in communication which transmits or receives radio signals. Common forms of antennas are panel arrays and whip antennas. Panel arrays are designed to concentrate a radio signal in a particular area and are typically flat and rectangular in design. Whip antennas transmit a signal three hundred sixty degrees and are cylindrical with an eighteen-foot height limit.
"Antenna, dish" means a dish-like antenna used to link communication sites together by wireless transmission of voices or data. Also called "microwave antenna" or "microwave dish antenna."
"Antenna, satellite" means a dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called "microwave antenna" or "microwave dish antenna."
"Antenna, telecommunication facility" means a land use facility supporting antennas and microwave dishes that sends and/or receives radio-frequency signals. Communication facilities include structures (e.g., monopoles, towers) and accessory buildings.
"Antenna, telecommunication tower" means a mast, pole, monopole or guyed or lattice, freestanding tower designed and primarily used to support antennas, to include dishes, arrays or similar devices.
"Antique" means items of furniture or furnishings, utensils, equipment, objects of art, objects having aesthetic value, ornamental objects, curios and like objects of personal value, all of which by reason of age, antiquity, obsolescence or rarity, are valued items, as proposed to the utility value or purpose for which originally manufactured or produced. An antique shall have an age of at least forty years.
"Apartment" means a room or suite of two or more rooms with a single kitchen in a multiple-family dwelling, occupied or suitable for occupancy as a residence for one family.
"Applicant" means a person submitting an application for a zoning clearance, any permit authorized by this chapter, or a zoning ordinance amendment.
"Arterial street" means a major street which provides for through traffic movement on a continuous route joining major traffic generators, other arterials, expressways, and freeways.
"Assessor" means the county assessor of the county of Fresno.
"Assisted living facility" means a special combination of housing, supportive services, personalized assistance and health care licensed and designed to respond to the individual needs of those who need help with activities of daily living and instrumental activities of daily living. Supportive services are available twenty-four hours a day to meet the scheduled and unscheduled needs in a way that promotes maximum dignity and independence for each resident.
"Attached" means as follows: two structures which are structurally integrated with each other by supporting members shall be considered attached.
"Auto mall" means a group of ten or more commercial uses engaged in the sale and service of motor vehicles, planned and developed in a joint manner covering an area of ninety acres or more.
"Automobile sales" means the retail sales of more than one, new or used, automobile. It shall also include other vehicles such as vans, pick-up trucks and sports utility vehicles (SUVs), typically purchased for personal use and/or transportation, and ancillary uses, automotive detailing, repair and services to vehicles for sale on the subject site that are conducted within an enclosed building.
"Automobile service station" means an occupancy which provides for the retail sale of various types of fuel, such as, but not limited to, gasoline and/or diesel. Painting and body and fender work are excluded except for such uses that are otherwise permitted in the district. Said occupancy may also consist of related sales and services such as:
A. Retail sale of oil, tires, batteries and new accessories.
B. Hand washing, drying, vacuuming, waxing and polishing of automobiles, pick-up trucks, and vans.
C. Tire changing and repairing (not including tire recapping).
D. Battery service, charging and replacement (not including repair and rebuilding).
E. Radiator cleaning and flushing (not including repair or steam cleaning).
F. Installation of minor accessories.
G. In addition, the following operations are permitted if conducted within an enclosed building:
1. Lubrication of motor vehicles.
2. Brake adjustment, replacement of brake cylinders and brake fluid lines.
3. The testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, fuel pumps, water hoses, or wheel balancing.
"Automobile wrecking yard" means any lot, or the use of any portion of a lot, for the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, but not including the incidental storage of damaged vehicles in connection with the operation of a permitted repair garage. The presence of five or more motor vehicles, which are not capable of operating under their own power or from which parts are to be removed for reuse or sale, on any lot or parcel of land for a period exceeding thirty days shall be deemed an automobile wrecking use.
Automotive Repairs, Major. "Major automotive repairs" means repair or refurbishing of any motor vehicle including the dismantling of an engine by removal of the heads or pistons, the removal of the transmission, rear end or major assembly of any motor vehicle, painting and auto body and fender work.
Automotive Repairs, Minor. "Minor automotive repairs" means limited repair of any motor vehicle, including the sales and installation of tires or replacement of fluids or minor automotive parts including, but not limited to, spark plugs, belts, batteries, mufflers, tires and wheels, and other regular maintenance items. Major automotive repair, painting, body and fender work are excluded.
"Bakery goods, retail sales only" means establishments engaged in the retail sale of bakery products such as bread, cakes and pies, none of which are produced on the premises.
"Bakery, retail" mean establishments primarily engaged in the retail sale of bakery products such as bread, cakes and pies and which produce some or all of the products on the premises.
"Banquet hall" means a facility primarily engaged in providing banquet rooms and meals for special occasions including, but not limited to, formal dinners, receptions, reunions, promotions, benefits, and club meetings. Such a facility may be an independent use or may be associated with a hotel or a restaurant.
"Barbed wire" means wire for fences or barriers having sharp barbs or points of metal twisted into smooth wire at regular intervals.
"Basement" means a story partly or wholly underground. A basement shall be counted as a story for purpose of height measurement where more than one-half of its height is above the average level of the adjoining ground.
"Beauty college" means an establishment which trains persons in skills necessary to become licensed beauticians, and also provides beauty-related services to the public in order to facilitate student training.
"Bed and breakfast inn" means a commercial use defined as six or fewer rooms or suites located in the principal dwelling providing overnight sleeping and breakfast accommodations available to the public for hire on an overnight or limited term basis with a thirty-day maximum stay. Such use may also include a continental breakfast if limited to guest.
"Bicycle rack" means a fixed or immovable device or series of devices which permit nonmotorized bicycles to be stood upright and secured from theft.
"Bicycle shop" means a business devoted to retail sales, service or repair of bicycles which are not powered by any time of mechanical device.
"Billboard" means the same as "Advertising structure."
"Blacksmith" means a person who creates objects from iron or steel by forging the metal; i.e., using tools to hammer, bend, cut, and otherwise shape it in its nonliquid form. Blacksmiths produce things like wrought iron gates, grills, railings, light fixtures, furniture, sculpture, tools, agricultural implements, decorative and religious items, cooking utensils, horse shoes and weapons.
"Block" or "block frontage" means all property fronting on one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, dead-end street, end of a cul-de-sac, or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. Where the city-county boundary intersects or intercepts a street in a block as described herein, the block shall be considered to end at the city-county boundary.
"Boarding house" means a dwelling other than a hotel, motel, emergency residential shelter, group housing facility, rest home or bed and breakfast inn, where lodging is provided with or without meals for three or more persons is provided for compensation but not more than fifteen people.
"Bookstore" means an establishment which sells, trades, or displays books, magazines or other periodicals. For the purpose of this chapter, this definition shall not include "adult bookstore," as defined herein.
"Bookstore, adult" (refer to Chapter 9.20, Adult Oriented Businesses, Section 9.20.040, Definitions).
"Breezeway" means a roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site.
"Buildable area" means that area of a lot or parcel left for buildings and structures when all the development standards and setback requirements have been met.
"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature, but shall not include temporary buildings as defined in "Structure, Temporary." Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings. Temporary structures such as tents are not buildings, but houses, garages, factories, barns, etc., are.
Building, Accessory. See "Accessory structure."
"Building coverage" means the relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, shall not constitute a building for the purpose of this definition.
"Building height" means the vertical distance of a building measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof, exclusive of chimneys and ventilators. (Also see "High-rise buildings").
Building, Main. "Main building" means a building or buildings within which is conducted the principal use of the lot and/or building site on which it is situated.
"Building official" means the individual appointed by the city administrator to enforce the building code and to act as the code enforcement officer of this title.
"Building setback line" means a development standard which establishes buildable and nonbuildable areas. The building setback line will often be a specific distance from a natural feature such as a creek or stream, property line or a right-of-way line on a parcel map, subdivision map, or follow a contour line on a topographic map. This line is used to separate conflicting uses, provide a buffer, or protect a resource.
"Building site" means the ground area of a building together with all the open space required by this title. A building site may encompass more than one lot.
Building, Temporary. "Temporary building" means the same as "Structure, Temporary."
"Bungalow court" means a group of two or more detached buildings used or intended to be used as one family or two family (duplex) dwellings, located on a single lot, together with all of the open spaces required by this title, but not including tourist courts, motor courts, or motels, or any other commercial uses.
"Business" shall mean the same as "Commerce."
Business, Retail. "Retail business" means establishments engaged in selling goods or merchandise for profit or livelihood to the general public for personal or household consumption.
Business, Wholesale. "Wholesale business" means establishments primarily engaged in selling merchandise to retailers or to industrial, commercial, institutional, or professional business users.
"California Environmental Quality Act (CEQA)" means a state law which requires local and state agencies to determine the potential environmental impacts of a proposed project.
"Camper" means a structure designed and constructed to be mounted on a vehicle with motive power to travel on the public thoroughfare, and to be used for temporary human habitation.
"Campground" means a plot of ground, upon which two or more campsites are located, established or maintained for occupancy by the general public as temporary living quarters for recreational, educational or vacation purposes.
"Caretaker residence" means a single family residence on the same property with, or on abutting property owned by owner of, a commercial or manufacturing use, which residence is occupied by one or more persons charged with the care or protection of facilities used in such commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other thing of value other than his services.
"Carport" means a permanent roofed structure, or a portion of a building, enclosed on not more than three sides primarily for the parking of automobiles belonging to the occupants of the property.
"Carwash" means a facility having the following definitions:
A. "Drive-through" shall mean any occupancy that provides for washing of automobiles through a low noise fully automated car wash facility without vacuum cleaners unless located within a completely enclosed noise attenuated room, and where the customer drives the vehicle into the facility and remains in the car during the wash process. A drive-through car wash shall only be permitted in conjunction with and subordinated to an automobile service station. It shall not be permitted as a sole or primary use of property in any zone district.
B. "Mechanical" shall mean any occupancy that provides for the washing of automobiles through the use of mechanical equipment such as, but not limited to, conveyor chains, blowers, steam guns, roller brushes, and high pressure vacuum units or similar equipment. The customer exits the vehicle and waits for the attendant to complete the washing, cleaning and driving of the vehicle. This car wash has a waiting area for the customer and a designated finishing and/or detailing area to complete the car care service.
C. "Self-service" means any occupancy that provides automobile washing to be done by the customer. There are no employees other than service people who check and maintain the equipment, open and close the facility, and provide general supervision of the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units, and a one horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.
"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
"Certificate of occupancy" means a document issued by the building official 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.
"Change of use" means any use which substantially differs from the previous use of a building or land. The director of planning and development shall determine whether a change is substantial or not. Change of ownership shall not be considered a change of use.
"Chapel" means a place of worship, meditation, prayer, funeral services or other religious service, used by a group other than an established congregation which would otherwise meet at predetermined times and dates.
"Child care center" means a public or nonprofit facility where educational, social, health, and nutritional services are provided to children through age fourteen (or as prescribed by State law) and that is approved or licensed by the State or other appropriate authority as a child day care center or child care center.
"Child care facilities" means the building, modifications to buildings, equipment, and any accessory structures, in which there are programs and personnel licensed by the State for direct child care services including but not limited to shelter, food, education and play opportunities for fewer than twenty-four hours per day and includes any one of the following types of facilities:
A. Small family day care home: eight or fewer children.
B. Large family day care home: eight to fourteen children.
C. Child care center: more than twelve children.
"Child care provider" means a person who operates a day care center, large family day care home or small family day care home and who is licensed for such operations by the State Department of Social Services.
"Church" means a permanently located building commonly used for religious worship, fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction. The term "church" shall not carry a secular connotation, and shall include buildings in which the religious services of any denomination are held.
"City" shall mean the city of Kerman.
"City manager" means the city manager of the city of Kerman or the designee or designees of the city manager.
"Clear vision triangle" means the area created by drawing an imaginary line between points thirty feet back from where the curb lines of the intersection quadrant meet.
"Clinic" means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, or social workers, but are not lodged overnight.
"Clothes cleaning and dyeing plant" means a plant wherein clothing and used fabrics are cleaned and dyed and where volatile materials are used in the process. Such use is defined as light industrial.
"Clothes cleaning establishment" means a commercial use wherein clothes cleaning is incidental to a laundry pickup establishment, launderette, or a coin-operated dry cleaning service, and where nonvolatile materials are used in the process.
"Club" means an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render service carried on as a business for profit.
"Cocktail lounge" shall mean the same as "Bar."
"Coin-operated cleaning service" means any premises wherein coin-operated dry cleaning machines with a capacity not to exceed eight pounds, using nonvolatile materials provide a retail service similar to that provided at a self-service "Launderette."
College, Trade. "Trade college" means the same as "School, trade."
"Columbarium" means a structure of vaults lined with recesses for cinerary urns.
"Commerce" means the purchase, sale or other transaction involving the handling or disposition (other than that included in term "Industry" as defined herein) of any article, substance or commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts, tourists courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.
"Commercial districts" means those zone districts with a commercial designation, specifically: C-N, C-G, C-S, and O.
"Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this title has jurisdiction.
"Commercial recreation" means a use providing recreation, amusement or entertainment services, including indoor uses such as arcades, theaters, bowling lanes, billiard parlors, skating arenas and similar services, and outdoor uses such as golf, tennis, basketball, baseball and similar services, operated on a private or for-profit basis.
"Commission" means the planning commission of the city of Kerman.
"Communication equipment buildings" means buildings housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel.
"Community care facility" means any facility, place or building which is maintained and operated to provide nonmedical residential care, emergency shelters, adult day care, or home-finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons. "Community care facility" shall include residential facility, residential care facility for the elderly, adult day care facility, home finding agency, and social rehabilitation facility, as defined in Section 1502 of the Health and Safety Code, and includes the following:
A. Adult Residential Facility. Provides twenty-four-hour-a-day nonmedical care and supervision to adults who are mentally disordered or otherwise handicapped except elderly persons, who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
B. Residential Care Facility for the Elderly. A group housing arrangement chosen voluntarily by residents who are at least sixty-two years of age and who are provided varying levels of supportive services of care, as agreed upon at the time of admission, based upon their varying needs.
C. Rehabilitation Facility. Provides twenty-four-hour-a-day nonmedical care and supervision in a group setting to adults and/or emancipated minors recovering from alcohol and/or drug misuse, who are currently or potentially capable of meeting their life support needs independently; but who temporarily need assistance, guidance, and counseling.
D. Foster Family Home. Any residential facility providing twenty-four hour care for six or fewer foster children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. Such placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents or guardian.
"Community plan" means a refinement of the general plan for a component geographic area of the general plan. A community plan shall advance the provisions of the general plan to a more precise level of detail and shall contain goals, policies, maps, and standards that implement the recommendations of the general plan. A community plan shall contain those plan elements which are essential to the implementation of the general plan and may contain additional components, including specific plans, which are necessary to the development of the goals, policies, and standards for the community plan area. A community plan shall be adopted, amended, or repealed by resolution of the city council upon the recommendation of the planning commission.
Community Sewer System. See "Public sewer system."
"Concertina wire" means any barbed physical barrier or obstacle that is manufactured from steel strip or tape and converted from a helical pattern by attaching alternate adjacent loops at multiple points around the circumference, so that when the coil is extended, instead of a simple helix, a series of diamond shape openings are present.
"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, and as further defined in Section 1351 of the Civil Code of the state of California.
"Conflict of interest" occurs when the personal interest of a public official places him or her in a position where he or she cannot execute his or her public duties without affecting his or her private interests, thus denying the public the fair, impartial, and objective judgment to which it is entitled.
"Conservatory" means a school specializing in one of the fine arts.
"Contiguous" means the same as "Abut."
"Contractor’s equipment storage yard" means a storage yard operated by, or on behalf of, a contractor licensed by the state for storage of large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses such as offices and repair facilities. Said yard shall not include a junk yard.
"Convalescent home" means a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county of Fresno, which provides bed and ambulatory care for patients with post-operative convalescent chronic illness or dietary problems, and persons unable to care for themselves.
"Convenience store" means a store for the retail sale of grocery or sundry items to residents of a neighborhood or to highway travelers. Convenience stores are not as large as supermarkets (less than three thousand five hundred square feet gross floor area) and generally operate during the late night and early morning hours (ten p.m. to eight a.m.). Convenience stores may also sell fuel and oil, but may not perform any type of automotive service.
"Conversion" means a change in the use of land, structure, or activity.
"Conviction" means a finding of guilty by a jury or court, or a plea of guilty or nolo contendere.
"Corner cut-off" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.
"Council" means the city council of the city of Kerman.
"Country club" means any occupancy by an association of persons (whether or not incorporated) with a permanently located building primarily for social activities and a combination of recreational facilities, such as a golf course, or swimming pool, or tennis court, and commercial or noncommercial incidental or accessory uses.
"County" means the county of Fresno.
"County recorder" means the county recorder of the county of Fresno.
"Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and bounded on two or more sides by such buildings.
"Court, enclosed" means a court surrounded on all sides by exterior walls of a building and lot lines on which fences, hedges and walls are permitted.
"Court, inner" means a court enclosed on all sides by the exterior walls of a building or buildings.
"Coverage" means the same as "Lot coverage."
"Cul-de-sac" means the same as "Lot, Cul-de-Sac."
"Curb level" means the level of the established curb at the center or the front of the building. Where no curb level has been established, the city engineer shall establish such curb level or its equivalent for the purpose of this title.
"Damaged automobile storage yard" means any lot, or any portion of a lot, used for the storage of automobiles which are scheduled for repair by an automobile repair garage or automobile body and fender shop.
Day Care, Large. "Large day care" means a home that provides family day care for eight to twelve children, inclusive, including children under the age of ten years who reside at the home and can go up to fourteen children if all of the following conditions are met:
A. At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.
B. No more than three infants are cared for during any time when more than twelve children are being cared for.
C. The licensee notifies a parent that the facility is caring for two additional school-age children and that there may be up to thirteen or fourteen children in the home at one time.
D. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented (see California Health and Safety Code Sections 1596.78(b) and 1597.465).
Day Care, Small. "Small day care" means regularly provided care and supervision for more than six children and up to eight children, without an additional adult attendant, if all of the conditions are met:
A. At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age;
B. No more than two infants are cared for during any time when more than six children are cared for;
C. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time; and
D. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
"Day spa and salon" means an establishment engaged in the purchase, sale or transaction of personal services rendered by a licensed professional such as manicurists, estheticians, makeup artists, hair stylists, massage therapists, and other related health and beauty professionals.
"Dedication" means a gift or donation of property by the owner to another party.
"Density" means the maximum number of dwelling units permitted per specified area of land.
"Department store" means a store divided into separate departments carrying a great variety of goods, which may include major appliances and large items of furniture.
"Detached" means not sharing a common wall or roof.
"Developer" means the legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.
"Development" means any change to unimproved or improved real property including, but not limited to, the placement, construction, reconstruction, conversion, structural alteration or enlargement of any structure; any mining, excavation, landfill or land disturbance. Agriculture is not defined as development within this title.
"Development plan" means: (A) a site plan depicting building locations, internal circulation including pedestrian and bicycle pathways, parking, required public dedications and improvements, signs and advertising structures, and all proposed public amenities outside of buildings; (B) elevations of all sides of all proposed buildings including materials and colors to be used on all facades; (C) floor plans for every building stating all proposed uses and their square footages; and (D) a landscape plan depicting species, size at time of planting, and location of all plants and trees.
"Development standard" means those development requirements of each zoning or combining district which apply to permitted uses by setting forth minimum requirements or specifications for lot dimensions, setbacks and height limits; amount of land covered by buildings and structures; animal densities; parking and signs. A development standard can only be modified by a variance or zoning ordinance amendment.
"Director" means the director of planning and development services of the city of Kerman.
"District" means the same as "Zone."
"Dormitory" means a building intended or used principally for sleeping accommodations, where such building is related to an educational or public institution, including religious institutions, fraternities and sororities.
"Drainageway" or "drainage channel" means any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.
"Drive-through facility" means any building which provides an outdoor service window where a service or retail transaction may be conducted by the driver of a vehicle without leaving the vehicle.
"Driveway" means any vehicular access to an off-street parking or loading facility.
"Drugstore" means a retail store engaged in the sale of prescription drugs and patent medicines and carrying related items, such as cosmetics and toiletries, and unrelated items, such as tobacco and novelty merchandise. Such use may also include a soda fountain or lunch counter.
"Drugstore, super" means any drugstore having a gross floor area of ten thousand square feet or more.
"Dump" means a place used for the disposal, abandonment or discarding by burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. Such shall not involve any industrial or commercial process.
Duplex. See "Dwelling, two-family."
"Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including one-family and multifamily dwellings, but not including hotels, boarding or lodging houses, or mobile homes or trailers, except when installed on a permanent foundation, or motorized homes. Dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen.
"Dwelling group" means a group of two or more detached or semi-detached single-family or two-family dwellings occupying a parcel of land under one ownership and having any yard or court in common.
Dwelling, Multifamily. "Multifamily dwelling" means a building containing two or more dwelling units or containing a combination of two or more dwelling units on one lot or parcel designed for and occupied exclusively by three or more families living independently of each other as separate housekeeping units, including apartment houses, condominiums, triplexes, and fourplexes, but not including trailer courts, mobile home parks or camps, motels, hotels or resort type hotels.
Dwelling, Second. "Second dwelling" means a second dwelling either attached to, or detached from, the existing one-family dwelling on a lot in a single family residential zone district as provided by the State Government Code Section 65852.2, and subject to the standards of Chapter 17.66.
Dwelling, Single-Family. "Single-family dwelling" means a single detached dwelling, at least six hundred square feet, designed for and occupied exclusively by one family alone, and having but one kitchen, and which shall be wholly or partially assembled on-site in accordance with building standards published in the State Building Standards Code and/or the Uniform Building Code of the International Conference of Building Officials. Single-family dwelling includes "factory-built housing" as defined in Section 19971 of the Health and Safety Code, but does not include "mobile-home" or "manufactured home."
Dwelling, Two-Family. "Two-family dwelling" means a single detached dwelling designed for and occupied by two families alone, and having but two kitchens. Two-family dwelling includes "duplex."
"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen.
"Easement" means a grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
"Eave" means the projecting lower edges of a roof overhanging the wall of a building.
"Educational institution" means public and other nonprofit institutions conducting a regular academic instruction at kindergarten, elementary, secondary and collegiate levels and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either: (A) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or (B) confer degrees as a college or university of undergraduate or graduate standing, or (C) conduct research, or (D) give religious instruction. This definition does not include commercial or trade schools.
"Egress" means a point of vehicle exit from a parking area, lot, garage or driveway.
"Electric distribution substation" means an electric substation with a primary voltage of one hundred ten KV or less, with distribution circuits therefrom.
"Electric transmission substation" means an electric transformation or switching station with a primary voltage of sixty KV or higher without distribution circuits served therefrom.
"Emergency residential shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay; as defined and used in Section 508019 of the California Health and Safety Code.
"Eminent domain" means the right of a government unit to take private property for public use with appropriate compensation to the owner.
"Employee housing" means housing for six or fewer employees in a single-family dwelling in districts where single-family dwellings are allowed. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory or other similar term that implies the employee housing differs in any way from a family dwelling and shall not constitute a change in occupancy for purposes of local building codes. Additionally, employee housing shall not be subject to any fees to which other family dwellings of the same type in the same zone are not likewise subject.
"Essential service" means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead electrical, gas, steam, water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal governments or commissions, or for the public health or safety or general welfare.
"Fabrication" means the manufacturing from standardized parts of a distinct object differing from the individual components.
"Factory" means a building in which semi finished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated or processed.
"Factory-built housing" means a single-family dwelling defined as "factory-built housing" by Section 19971 of the Health and Safety Code which has the approval of the Department of Housing and Community Development of the state of California. Factory-built housing shall also include "modular housing."
"Family" means one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants.
"Family care homes" means any residential facility providing twenty-four-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities and who have been selected for family care by the Community Services Divisions of the State Department of Social Welfare.
"Farm labor quarters" or "camp" the same as "Labor Camp, Farm."
"Farmworker housing" means housing with up to twelve units or thirty-six beds designed for use by a single family or household and which is considered an agricultural use of land per Health and Safety Code Section 17021.6.
"Federal" means the government of the United States of America.
"Feed lot" or "feed yard" means a lot, or portion of a lot, used for the enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm.
"Fence" means any structural device forming a physical barrier by means of wood, mesh metal, chain, brick, and stake, plastic or similar materials. Fences may be also be used to create visual barriers.
"Filling station" means the same as "Automotive service station."
"Firearm" means a weapon, especially a pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.
"Fishery" means any premises upon which breeding, hatching, or fish rearing facilities are situated when such premises are required to have a license by the State Fish and Game Code, including ponds for commercial use.
"Floodplain" means the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.
Floodplain, Primary. "Primary floodplain" means that area within the "designated floodway."
Floodplain, Secondary. "Secondary floodplain" means that area of the floodplain outside of the primary flood-plain, that on the average is likely to be flooded once every one hundred years (i.e., that has a one percent chance of flood occurrence in any one year).
Floodway, Designated. "Designated floodway" means a stream, channel and such portions of the adjacent floodplain as are reasonably required to efficiently carry the flood of the stream; and on which properties special regulations are necessary for minimum protection of the public health, safety, and of property and improvements from hazards and damage resulting from floodwaters.
Floor Area, Gross. "Gross floor area" means a development standard defined as the total area of all floors of a building as measured to the surfaces of exterior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.
Floor Area, Net. "Net floor area" means a development standard defined as the gross floor area excluding vents, shafts, stairs, corridors, attics, equipment rooms, garages, and unenclosed porches and balconies.
"Floor area ratio" mans the ratio of gross building floor area to total lot area. Example: two square feet of gross floor area for each three square feet of total lot area would result in a floor area ratio of 2:3.
"Foot-candle" shall mean a measurement unit used in determining lighting levels.
"Foster family home" means any residential facility providing twenty-four-hour care for six or fewer children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.
"Fowl" means a bird of any kind, cock, hen of the domestic or domesticated or wild gallinaceous bird (turkey, pheasant, and grouse).
"Freeway" or "expressway" means divided arterial highway for through traffic with full or partial control access and generally with grade separations at intersections. For the purposes of this title, the word "freeway" shall include "expressway."
"Frontage" means that portion of a parcel of property which abuts a public street or approved private street or highway, measured along the future street line as indicated in the general plan.
"Frontage street," "service road," or "outer highway" means those roads which parallel freeways, expressways or important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.
"Front wall" means the wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments.
"Furrier" means the retail sales of fur garments and the provision of related services. The use may include the retail sales of related merchandise, such as garments and accessories comprised of materials other than fur; provided, that the display of such related merchandise shall not exceed twenty-five percent of the sales floor area. Related services provided by furriers are designed to provide support to the customers of the retail sales and may include, but are not limited to, custom alterations, repairs, cleaning and storing of fur garments.
"Game rooms/amusement arcades" means a place wherein games/amusement devices occupy twenty-five percent or more of the net floor area, or containing seven or more games/amusement devices and/or three or more pool tables. Game rooms do not include the playing of any card games of chance or gambling.
Garage, Private. "Private garage" means a detached accessory building or a portion of a main building on the same lot for the parking or temporary storage of vehicles of the occupants of the premises.
Garage, Public. "Public garage" means any garage other than a private garage.
Garage, Repair. "Repair garage" means a building other than a private garage used for the care, repair or equipment of automobiles.
Garage, Residential. "Residential garage" means an accessible and usable covered and completely enclosed space of not less than ten by twenty feet per vehicle for storage of automobiles.
"Garage sale" means any sale, conducted on premises within a residential district upon which is located a dwelling, by any occupant of such dwelling, of any personal property which is owned and has been used by such occupant. The term "garage sale" does not include a sale of one or two items of personal property which is not part of a general sale of items of personal property.
Garage, Storage. "Storage garage" means any premises, used exclusively for the storage of vehicles.
"General plan" means an integrated, internally consistent, comprehensive, and long-range set of goals and policies for the general physical development of the city and any land outside the city’s boundaries which bears relation to the city’s planning. The general plan shall include maps that recommend the general locations and types of land uses that are consistent with the goals and policies of the plan. The general plan and its recommendations shall address physical, social, economic, environmental, design, and public service delivery system issues that have a bearing on the growth and change of the city. The general plan shall contain the mandatory elements prescribed by the State Planning and Zoning Law (Title 7, Division 1, commencing with Section 6500, of the California Government Code), which may be combined when appropriate. The general plan may also include other elements or address any other subject which, in the judgment of the Council, is needed for appropriate physical development of the city. The general plan shall be adopted or amended by resolution of the Council.
"Generating plants" means industrial facilities or installations, including cogeneration facilities, which produce power, electricity, hot water, or steam.
"Glare" shall mean a harsh dazzling light.
"Golf course" means a lot or portion of a lot used for the playing of golf, including pitch-and-putt course, but shall not include driving ranges, miniature golf courses or other similar commercial enterprises, unless expressly permitted in this title.
"Government agency" means any department, commission, independent agency or instrumentality of the United States, the state of California, the county of Fresno, the city of Kerman, or any district, authority, or other governmental agency which may have jurisdiction or provide services to the city of Kerman.
"Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five feet in a horizontal distance of one hundred feet would be expressed as a grade of twenty-five percent. (See also "Slope.")
"Green building" means the practice of increasing the efficiency with which buildings use resources — energy, water, and materials — while reducing building impacts on human health and the environment during the building’s life cycle, through better siting, design, construction, operation, maintenance, and removal. Green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment.
"Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other plants.
"Gross area" means the total horizontal area within the lot lines of a lot or parcel of land before public streets, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
"Group home" or "group housing facility" means any building, facility, premises, house, structure, dwelling unit, multiple dwelling unit, apartment house, or portion thereof, at which persons reside in a group occupancy setting, but not including a hotel, motel, fraternity, sorority, rooming and/or boarding house, rest home or family. This facility is generally characterized by the provision of pre-arranged or organized household structure or program. Residents of a facility may also receive medical treatment in addition to any nonmedical supportive services in a residential or congregate care setting, as opposed to a hospital. Group housing facilities, except those located in a single family dwelling with six or fewer persons, are subject to the provisions of Chapter 17.12.
"Guest" means any transient person who occupies a room for sleeping purposes.
"Guest house" means a detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main building on the lot on which such guest house is located, and not rented or otherwise used as a separate dwelling. Guest houses shall not have a net floor area greater than six hundred forty square feet.
"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, not including dormitories.
"Gunsmith" means a person who repairs, modifies, designs, or builds firearms to factory or customer specifications, using hand tools and machine shop tools (such as lathes, milling machines, and grinders).
"High-rise buildings" means a building or structure which exceeds seventy-five feet in height above the lowest level of fire department vehicle access.
Height, Maximum. See "Maximum height."
"Heliport" means any area of land, water or a structure which is used or intended for use for the landing and taking off of helicopters.
"Home improvement center" means any lot or premises where any major assemblage of the following items or services aimed at servicing homeowner (but not limited to), are offered for retail sale and include outside storage area for nursery plants only. Lumber supply items may not exceed ten percent of the floor area devoted to retail sales. A home improvement center does not include industrial application such as contractor’s supply, wholesaling, bulk building supplies, or industrial type uses, as milling, planing, and major cutting of lumber or cutting or threading of pipe.
A. Concrete (bagged);
B. Decorative gravel (bagged);
C. Drywall;
D. Electrical supplies;
E. Fencing – wood, metal and plastic;
F. Flooring cover and carpets;
G. Garden tools and supplies, garden furniture;
H. Glass, windows, mirrors;
I. Hardware;
J. Heating and cooling equipment;
K. Household supplies;
L. Insulation;
M. Miscellaneous household items;
N. Paint and wallpaper;
O. Painting, compressor and equipment;
P. Plant and nursery;
Q. Plumbing supplies, pre-threaded pipe;
R. Recreational equipment;
S. Roofing;
T. Screening – doors and windows;
U. Storage sheds;
V. Tile;
W. Tools;
X. Wood products – moldings, paneling, lumber (pre-cut), cabinets, furniture.
"Home occupation" or "home-based business" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit, and carried on by one or more persons, all of whom reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is part. Home occupation permits are subject to the provisions of Chapter 17.18.
"Homeowners association" means a community association which is organized in a development, in which individual owners share common interests in open space or facilities.
"Hospital" means an institution providing primary health services or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions.
"Hotel" means an establishment that provides lodging, and usually food services (restaurant), entertainment and personal services to the public based on an agreed payment of a fixed amount of money in exchange for use of the guest room for a fixed period of time, typically on a nightly or weekly basis; used, designed or intended to be used, let or hired out for transient occupancy, but excluding motel, group housing facility, emergency residential shelter, fraternity, sorority, rooming or boarding house, rest home or family.
"Household pet" means animals, birds, or fowl ordinarily permitted in a dwelling and kept only for the pleasure and enjoyment of the occupants, not being kept or raised for meat, eggs, milk, hides, fur, fiber, or feathers. Household pets shall not include horses, cows, goats, sheep, nor other equine, bovine, ovine or ruminant animals; predatory wild animals; chickens, roosters, ducks, geese, turkeys, game birds or fowl which normally constitute an agricultural use; nor pigs, except for potbellied pigs. The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use. Not more than four household pets are allowed per dwelling unit.
"Incidental" means secondary, accessory and subordinate to another use, structure or activity.
"Industrial" means land use characterized by establishments founded in, among others, manufacturing or research and development.
"Industrial park" means the same as "planned industrial park."
"Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
"Infill" means development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process.
"Infrastructure" means facilities and services needed to sustain industry, residential, commercial activities and all other land use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, etc.
"Ingress" means a point of vehicle entrance to a parking area, lot, garage or driveway.
Interior Court, Residential. "Residential interior court" means the open area between residential structures.
Interior Lot. See "Lot, interior."
"Island" means built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signage, or lighting.
"Junk" means 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 use. Any article or material which is unaltered or unchanged and, without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.
"Junkyard" means any lot, or the use of any portion of a lot, for the dismantling of machinery (not including motor vehicles) or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or scrap materials. No burning shall be permitted. For motor vehicles, see "Automobile wrecking."
"Kennel" means any lot or premises on which any person with four or more dogs or cats at least four months of age engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling of dogs or cats.
"Kitchen" means any room in a building or dwelling unit which is used for cooking or preparation of food.
Labor Camp, Farm. "Farm labor camp" means any living quarters such as dwellings, boarding houses, bunkhouses, automobile trailers or other housing accommodations, permanently maintained in connection with any farm work for the housing of five or more farm employees.
"Landscape mound" means any location on a lot or parcel of land where dirt, soil, top soil, or pile of earth is placed, or otherwise elevated, above grade of surrounding land for any decorative architectural purpose.
"Landscaping" means the planting and continued maintenance of suitable plant materials or a combination of plant materials within minimum areas of paving, gravel, otherwise dust-free. An adequate irrigation system is required.
Landscaping, Screen. "Screen landscaping" means the planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six feet in height, composed of materials selected from the city’s list of acceptable screen landscaping plant materials. Minimum size of materials planted shall be specified on the city list. An adequate irrigation system is required.
"Launderette" means a business premises equipped with individual clothes washing and drying machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
"Laundromat" means an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.
"Loading" means the removal or placement of any commodity in, on, or from a vehicle of any type.
"Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent means of ingress and egress.
"Lot" means:
A. A parcel of property with a separate and distinct number of other designations shown on a plat recorded in the office of the county recorder.
B. A parcel of real property delineated on an approved record of survey, parcel map or subdivision map, in conformance with applicable state and local subdivision laws in effect at the time of its creation, as filed in the office of the county recorder or in the office of the planning department, and abutting at least one public street or right-of-way, or easement determined by the commission to be adequate for the purpose of access.
"Lot area" means the total area within the lot lines, excluding any street right-of-way.
Lot, Corner. "Corner lot" means a lot abutting upon two or more streets at their intersections.
"Lot coverage" means that portion of the lot that is covered by buildings and structures.
Lot, Cul-de-Sac. "Cul-de-sac lot" means a lot fronting on, or with more than one-half of its lot width fronting on, the turnaround of a cul-de-sac street.
Lot, Curve. "Curve lot" means a lot fronting on the outside curve of the right-of-way of a curved street with a centerline radius of one hundred feet or less.
"Lot depth" means the horizontal distance between the front and rear lot-lines measured in the mean direction of the side lot lines.
Lot, Flag. "Flag lot" means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip to the frontage street. The access strip of each lot shall not be considered in calculating the minimum lot area and dimension requirements of subject lot.
Lot, Interior. "Interior lot" means a lot whose front yard abuts a street.
"Lot line" means a line of record bounding a lot, which divides one lot from another lot, from a public or private street, or any other public space.
Lot Line, Front. On an interior lot, the "front lot line" is the property line abutting the street except in those cases where the latest tract deed restrictions specify another line as the front line. On a corner or reversed corner lot, the "front lot line" is the shorter property line abutting a street. On a through lot or lot with three or more sides abutting a street or a corner or reversed corner lot with lot lines of equal length, the director shall determine which property line shall be the front lot line, for purposes of compliance with yard and setback provisions of this title.
Lot Line, Rear. "Rear lot line" means a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore shaped lot, a line within the lot, parallel to the and at maximum distance from the front lot line, having a length of not less than ten feet; a lot which is bound on all sides by streets may have no rear lot line.
Lot Line, Side. "Side lot line" means any lot not a front lot line or rear lot line.
Lot Line, Side Front. "Side front lot line" means any lot line not a front lot line or a rear lot line which abuts a street.
Lot Line, Zone Boundaries. Where the district boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks or lots, the zoning boundaries shall be construed to be lot lines; and where the indicated boundaries on the zoning map are approximate lot lines, such lot lines shall be construed to be the boundaries of the such districts, unless said boundaries are otherwise indicted on the map. Where a zone boundary, as shown on the zoning map, divides a lot in single ownership at the time of passage of the ordinance codified in this title, the use, height and area regulations of the less restrictive portion of such lot shall be construed as extending to the entire lot; provided, such lot does not extend more than fifty feet beyond such boundary line.
Lot, Reverse Corner. "Reverse corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.
Lot, Through. "Through lot" means a lot having frontage on two parallel streets.
"Lot width" means a development standard defined as the horizontal distance between the side lot lines, measured at right angles.
"Low income housing" means housing that is economically feasible for families whose income level is categorized as "low" within the standards promulgated by the California Department of Housing and Community Development.
"Marquee" means a roofed structure or awning or canopy attached to the building.
"Maximum height" means a development standard which limits the height of buildings and structures.
"Maximum lot coverage" means the amount of lot area coverage allowed for buildings and structures.
"Meat jobber" means the wholesaling of meat, conducted wholly within an enclosed building, and shall include portion control and the packaging of ground or chopped meat, but shall not include slaughtering, skinning, packing, smoking, or sausage manufacture.
"Medical office" means any building or portion of a building used or intended to be used as an office for the practice of any type of medicine including chiropractic, dentistry or optometry. It shall also include clinics of a medical or dental nature.
"Minimum lot size" means a development standard which is the smallest area a lot may be divided into.
"Mining" means the removal of minerals, rock, or sand and gravel from the earth by extraction.
"Mini-warehouse" means a facility designed and operated for the storage of goods in individual compartments or rooms, which is available for use by the general public on a rental or lease basis. In no case shall storage space be used for manufacturing, retail, or wholesale selling, compounding, office functions, other business or service uses, or human habitation. A mini-warehouse shall not include the following facilities:
A. No water, sanitary facilities or electricity, with the exception of lighting fixtures, shall be provided in individual storage spaces, unless otherwise approved by the planning commission;
B. Prefabricated shipping containers shall not be used as mini-warehouse facilities, unless specifically approved by the planning commission.
In addition, the following material shall not be stored in a mini-warehouse:
A. Flammable or explosive matter or materials;
B. Material which creates obnoxious dust, odor or fumes; or
C. Hazardous or extremely hazardous waste.
"Minor deviation" means a variance of ten percent or less from zone standards specified in this title, including lot area, lot dimensions, setback distances, lot coverage, height limitations, parking requirements, or other zone standard requirements.
"Mixed use development" means a lot, or a series of adjacent lots, developed as a unit containing more than one land use type.
"Mobilehome/manufactured housing" means a structure, transportable in one or more sections, which is at least fourteen feet in width, with at least seven hundred fifty square feet of gross floor area and is certified under the National Manufactured Home Construction and Safety Standards Act of 1974.
"Mobilehome park" means any area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rent paid for any such mobile home shall be deemed to include rental for the lot it occupies.
"Mobilehome space" means a plot of land for placement of a single mobile home within a mobile home park.
"Mobile office structure" means a structure, including trailers, mobile homes and modular trailers, which is fabricated off-site in whole or modules, in conformance with the Uniform Building Code, that is designed to be transported to a site and which can be readily relocated to another site.
"Moderate income housing" means housing that is economically feasible for families whose income level is categorized as "moderate" within the standards promulgated by the California Department of Housing and Community Development.
"Motel" a building, or group of buildings, used for transient residential purposes, containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels, and similar designations.
"Motion picture theater" means an enclosed building used for the presenting of motion pictures, film, video-tape, or slides. For the purpose of this chapter, this definition shall not include "adult motion picture theater," as defined herein.
"Motion picture theater, adult" refers to "Adult oriented businesses."
"Motorized home" means a structure designed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, recreation and vacation uses.
"Multifamily dwelling" means a building designed for or occupied by two or more families living independently of each other.
"Net lot area" means the gross lot area minus any ultimate street rights-of-way, areas within fifteen feet of a stream bank, areas within the designated floodway, and all easements, except open space easements, that prohibit the surface use of the lot in question by persons other than the easement holder.
"Nonconforming building or structure" means a building or structure, the setbacks, height or location of which was lawful prior to the adoption of the ordinance codified in this title or any amendments hereto, or previously adopted city zoning ordinances and which does not conform to the present regulations of the zoning or combining district in which it is situated.
"Nonconforming lot" means a lot, the area dimensions or location of which were lawful prior to the adoption of the ordinance codified in this title or any amendments hereto, or previously adopted city zoning ordinances, and which does not conform to the present regulations of the zoning or combining district in which it is situated.
"Nonconforming sign" means any sign lawfully existing on the effective date of the ordinance codified in this title or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
"Nonconforming use" means any use of land, building or structure which was lawful prior to the adoption of the ordinance codified in this title or any amendment hereto, or previously adopted city zoning ordinances, and which does not conform to the present regulations on use of the zoning or combining district in which it is situated.
"Notice of appeal" means a document which indicates that an applicant for a permit or zoning amendment, or an affected party, wishes to appeal a decision of a planning officer or body of the city of Kerman.
"Nursery school" means the same as "Child care center."
"Off-street parking" means an approved vehicle parking area, whether covered or uncovered, which is not located on a dedicated street right-of-way.
Open Space, Common. "Common open space" means areas in a development reserved for the use of the residents or guests of a development such as tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use, or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources.
Open Space, Private. "Private open space" means usable open space intended for use of occupants of one dwelling unit, normally including yards, decks, and balconies.
Open Space, Usable. "Usable open space" means one or more open areas adjacent to residential uses designed for outdoor living and recreation, and which is located at, below, or above grade.
"Open storage" means the storage of supplies, materials, products, motor vehicles or other appurtenances which is open or viewable by the general public. Open storage is a form of outdoor storage.
"Open to the public" is a term applied to commercial uses which means available for use by persons other than employees.
"Outdoor advertising" means and includes the definitions of "Advertising structure" and "Sign."
"Outdoor dining" means any outdoor cafe, sidewalk cafe, eating area or any food service accessory to a restaurant.
"Outdoor storage" means the storage of supplies, materials, products, motor vehicles or other articles outside of a building and left uncovered by roofs or walls. Outdoor storage may be screened.
"Owner" means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of a given parcel of land.
"Parcel" or "parcel of land" means the same as "Lot."
"Parking area" means an accessible and usable area on the building site located off the street with access for the parking of automobiles. See "Off-street parking."
"Parking area, private" means an area, other than a street, restricted from general public use and used for the parking of automotive vehicles capable of moving under their own power.
"Parking area, public" means an area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.
"Parking area, residential" means an area, other than a street, located on the subject lot for the parking of vehicles owned by the residents of such lot.
Parking, Covered. "Covered parking" means an accessible and usable parking space within a carport or garage.
Parking Space, Automobile. "Automobile parking space" means a clearly marked space for the parking of a motor vehicle within a public or private parking area.
"Parking space, bicycle" means an area, other than a street, alley, pedestrian way, or automotive parking space, reserved and improved for the parking and securing of a bicycle, plus such additional area as is necessary to afford adequate access and protection for bicycles.
"Parkway" means an arterial highway with full or partial control of access, and located within a park or ribbon of park-like development.
"Patio, covered" means the same as "Structure."
"Pawn shop" means an establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property, and as further defined in California Financial Code Section 21000.
"Performance standard" means a minimum requirement or maximum allowable limit on the effects or characteristics of a use and used to define compatibility.
"Permit" means written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
"Permit, discretionary projects" means projects that would require one or more of the following entitlements or approvals: rezone, tentative subdivision map, conditional use permit, variance, exception, development plan review, special development permit, or some public works projects that require design review.
"Permit, nondiscretionary projects" means projects that are consistent with the applicable zoning district in planned use and development standards and propose new construction, exterior remodeling or additions (e.g., requires building permit only).
"Person" means any individual, firm, co-partnership, joint venture, corporation, company, association, joint association, or body politic, including any trustee, receiver, syndicate, assignee or other similar representative thereof.
"Petroleum bulk plant" means a local wholesale distribution facility designed to serve the needs of the immediate surrounding area.
"Planned development" means a large, integrated residential development located on a single building site, or on two or more building sites. In such development, the land and structures shall be planned and developed as a whole in a single development operation or a series of developments in accordance with a master plan.
"Population density" means the number of residential dwelling units on a site. The maximum permissible density shall be the number of dwelling units on a lot or per lot area as specified for the applicable zone district, exclusive of any area utilized or required to be utilized or dedicated for public street purposes.
"Poultry" means domesticated birds reared for egg or meat production.
"Power generation" means any electrical generating facility using thermal, wind, or water energy but not limited to, biomass plants, wind farms, coal-fired plants, or thermal power plants with a generating capacity of less than fifty megawatts.
"Premises" means a lot, parcel, tract, or plot of land together with the buildings and structures thereon.
"Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated, except for agricultural uses. In any residential district, any dwelling shall be deemed to be the principal structure on the lot on which it is situated.
"Principal use" means the primary, predominate, or initial use of any lot. For guidance, in an agricultural district, the principal use of the land would be farming or ranching. An accessory use would be the farm house.
"Private utility" means any utility which is not a public utility.
"Professional office" means any building or portion of a building used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant and other similar professions, but shall not include, for the purposes of this title, the practice of any type of medicine or dentistry.
"Property development standards" means any definitive measurable characteristic or aspect of a development, specified by this title, such as but not limited to yard setbacks, parking, building height, space between buildings, lot area and dimensions, defined linear distances such as for signs, spacing requirements, and size of districts.
"Property line" means the same as "Lot line."
"Provisions" means and includes all regulations and requirements referred to in the text of this title.
"Public art work" shall be defined as follows:
A. "Public art work" for purposes of inclusion in the development process shall be defined as follows:
1. Sculptures: freestanding, wall supported or suspended; kinetic, electronic; in any appropriate material or combination of materials.
2. Murals or portable paintings: in any appropriate material or variety of materials, with or without collage or the addition of nontraditional materials or means.
3. Photography, original works of graphic art, limited edition prints, works on/of paper, original paintings.
4. Earthwork, fiber works, waterworks, neon, glass, mosaics, or any combination or forms of media including sound, literary elements, holographic images, or hybrids of media and new genres.
5. Furnishings or fixtures, including but not limited to, gates, railings, streetlights or seating, if created by artists as unique elements.
6. Artistic or aesthetic elements of overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist.
B. The following items shall not be eligible for inclusion as public art work:
1. Directional elements such as supergraphics, signage or color coding, except where these elements are integral parts of an overall design created by a professional visual artist. "Art objects" which are mass produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an art work by a project artist.
2. Mass-produced reproductions by mechanical or other means, of original works of art.
3. Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by an artist commissioned for that purpose.
"Publicly maintained road" means any road in the city maintained by public funds.
"Public notice" means the announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place and nature of the public hearing.
"Public sewer system" means any sewage disposal system of one hundred or more connections operated and maintained by any municipality, district, public or private corporation, organized and existing under and by virtue of the laws of the state of California.
"Public utility" means production, storage, transmission, switching and recovery facilities for water, sewerage, energy, communications and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the public utilities commission.
"Public water system" means any water system, other than an individual well, spring, or mutual water system that is operated by a municipality, governmental agency, or a public utility for the furnishing of potable water.
"Quarry" means a surface mining operation from which rock, sand, gravel and similar resources are being removed or are intended to be removed.
"Quasi-public" uses of an educational or religious type include public and parochial elementary schools, junior high schools, high schools and colleges; child day care centers, private nonprofit schools and colleges; churches, parsonages and other religious institutions.
"Radio transmitter" means the same as a radio tower, including broadcasting studio facilities and any other equipment necessary in the operation of a radio station.
"Ramada" means a roofed area open on all sides; arbor or pergola-like structure.
"Reasonable accommodation" means providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with state and federal fair housing laws; provided, however, that the requested accommodation does not impose an undue financial or administrative burden on the city and does not require a fundamental alteration in the nature of any city plan, policy, rule, regulation, or code.
Recreation, Active. "Active recreation" means leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at a prescribed place, site, or field.
Recreation, Passive. "Passive recreation" means leisure time activities of a less formal nature (such as bike riding, hiking, or picnicking) and not requiring a prescribed place, site, or field.
Recreational Facilities, Commercial. "Commercial recreational facilities" means any use or development, either public or private, providing amusements, pleasures or sport, which is operated or carried on primarily for financial gain, including, but not limited to, bowling alleys, skating rinks and billiard parlors.
"Recreational vehicle" means any of, but not limited to, the following: motor home, mini-motor home, camper/truck combination, house trailer, camp trailer, boat, boat trailer, all-terrain vehicle or dune buggy.
"Recreational vehicle park" means any area or tract of land, where one or more lots are rented or leased or offered for rent, or leased to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.
"Recyclable materials" means paper, plastics, glass, aluminum, corrugated cardboard and other materials which can be separated from regular garbage for reuse not including yard waste diverted from the solid waste stream.
"Recycling facilities" means 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. A recycling facility may include any one of the following:
A. "Collection facility" means 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.
B. Collection facilities may include the following:
1. Reverse vending machines;
2. Small collection facilities which occupy an area of not more than five hundred square feet;
3. A mobile unit;
4. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet;
5. Kiosk type units which may include permanent structures;
6. Unattended containers placed for the donation of recyclable materials; and
7. Large collection facilities which may occupy an area of more than five hundred square feet and may include permanent structures.
C. "Mobile recycling unit" means 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 unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
D. "Processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. "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" means a facility that occupies an area of forty-five thousand square feet 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" means any processing facility other than a light processing facility.
"Rental unit" means a room and bath with a separate entrance.
"Reservation" means a provision in a deed or other real estate conveyance which preserves a right for the existing owner even if other property rights are transferred.
"Residence" means a building used, designed, or intended to be used as a home or dwelling place for one or more families.
"Restaurant" means an establishment where food is prepared for consumption on the premises, and which may include on-sale alcoholic beverages is a comprehensive term meaning a building or room where food is prepared and served to the general public on the retail level, and which may include on-sale alcoholic beverages. Some types of establishments included with the term restaurant (some of which are further defined in this chapter) are cafes, cafeterias, coffee houses, coffee shops, dinner houses, drive-in or drive-through restaurants, fast food service establishments, fountain lunches, lunchrooms, pancake and waffle houses, sandwich shops and tea rooms.
A. "Cafeteria" means where food primarily is pre-prepared (not cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily) upon the premises.
B. "Coffee shop" means where food, generally cooked to order, is served to the customer seated at a table or counters for consumption principally (but not necessarily exclusively) upon the premises, the establishment being open for all three meals of the day, and sometimes on a twenty-four-hour basis.
C. "Dinner house" means where meals are generally cooked to order and served to the customers seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also open for service of the midday meal.
D. "Drive-through restaurant" means any building which provides an outdoor service window where food and/or beverages may be obtained by the driver of a vehicle without leaving his vehicle and where consumption of the food and/or beverage obtained is primarily off the premises. A drive-through restaurant shall not mean a drive-in facility where consumption of food and/or beverages takes place primarily within the patron’s vehicle on the premises.
E. "Fast food service establishment" means where food not displayed for selection as in a cafeteria, and which food may or may not be cooked to order or be pre-prepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers.
F. "Convenience food and beverage service" means the same as a "fast food service establishment" except that the preparation of food shall not require a full kitchen or a grease trap.
"Rest home" or "home for the aged" means premises used for the housing of and caring for the ambulatory, aged, or infirm, which premises require a license from the State or County.
"Restriction" means a limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.
"Retail store" means a business of selling goods, wares or merchandise directly to the ultimate consumer.
"Reverse vending machine(s)" means 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 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. 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 containers 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.
"Rezoning" means the same as "zone, change of."
"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.
"Rummage sale" means the infrequent sale of secondhand and donated goods by individuals or nonprofit organizations, including garage and yard sales, not to exceed six cumulative days per calendar year.
"Run with the land" means a covenant or restriction to the use of land contained in a deed and binding on the present and all future owners of the property.
"Sanitarium" means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotic addicts.
"Sanitary landfill" means a site for solid waste disposal in which the solid waste is spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of each working day.
"Satellite dish antenna" means any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit.
"Scenic area" means an open area, the natural features of which are visually significant or geologically or botanically unique.
School, Private. "Private school" means a school that is established, conducted, and primarily supported by a nongovernmental agency or group of individuals.
School, Public. "Public school" means a tax-supported school controlled by a local government authority.
School, Trade. "Trade school" means private schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, beauticians and barber colleges, electronics schools, automotive and aircraft technicians’ schools, and similar commercial establishments operated for a profit.
"Secondhand store" means retail business which sells used merchandise.
Second Residential Unit. A "second residential unit," or efficiency unit, is either a detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation within the unit. It also includes an efficiency unit and a manufactured home as defined in the Health and Safety Code.
"Senior citizen" shall be defined under the Unruh Act of California Civil Code Section 51.3(b), as may be amended from time to time and not inconsistent with the Federal Fair Housing Act (42 U.S.C. Sections 3601 through 3631) as may be amended from time to time.
"Senior citizen housing" means any residential accommodation other than a mobile home developed, substantially rehabilitated or substantially renovated for senior citizens.
"Service (gasoline) station" means the same as "Automotive service station."
Setback Line, Front Yard. "Front yard setback line" means the line which defines the depth of the required front yard.
Setback Line, Rear Yard or Side Yard. "Rear yard or side yard setback line" means the line which defines the width or depth of the required rear or side yard.
"Shopping center" means a group of commercial/retail stores with a common parking area and generally one or more large department, discount, or food stores; sometimes including an enclosed mall or walkway constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
"Shopping center, regional" means a large, planned shopping facility appealing to a geographically dispersed market. It has at least one or two full-sized department stores and fifty to one hundred fifty or more smaller retailers. The market for this center is one-hundred-thousand-plus people, who live or work up to thirty minutes’ driving time from the center.
"Short-term transient" means the same as "Transient, short-term."
"Shrub border" means a thick, continuous, strip-planting of shrubs along a boundary or division lines which create an enclosure, barrier or screen.
"Sidewalk cafe" means the extension of the services of an existing restaurant preparing and serving foods for consumption within an existing building, to the extent that food is permitted to be served and consumed at the tables placed on the public sidewalk adjacent to and within the confines of the frontage of that portion of the building in which the restaurant is situated. A Sidewalk cafe may contain readily removable tables and chairs, but shall be otherwise unenclosed by fixed walls and open to the air except for umbrellas or other nonpermanent covers, provided such covers do not interfere with pedestrian circulation.
"Sign" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, display, direct, or attract attention to an object, person, institution, organization, business product, service, event or location by any means, including words, letters, figures, symbols, colors, illumination, or projected images. This definition shall not include official notices issued by a court or public body or officer or directional, warning or information signs or structures required by or authorized by law or by federal, state, or county or city authority.
"Sign, abandoned" or "obsolete sign" means a sign advertising a use, occupancy, or products which no longer exist, in the case of billboards, or which has not existed more than ninety days on the site where the sign is located.
"Sign, advertising for hire" means the business or enterprise of promotion of the messages of others, usually for a fee or other consideration, in contrast to self-promotion. This term has the same meaning as "general advertising."
"Sign, area of freestanding sign" means the area of the display face and other communicative elements of the sign. It does not include embellishments such as the monument base, pole covers, framing or decorative roofing; provided, that there is no advertising copy on or attached to such embellishments. If the freestanding sign is double faced, only one face is used to calculate sign area. If the freestanding sign has more than two faces, each face is used to calculate the sign area.
"Sign, area of wall sign" means the total area of the sign, including all structures framing the sign, such as background embellishments or the area contained within a rectangle or square drawn completely around the display surface, or drawn completely around the individual letters or logos.
"Sign, Banner" means a temporary sign constructed of a strip of cloth, paper, plastic, or other flexible material upon which copy is written and which is supported between poles or sticks or fastened to a building or other structures.
Sign, Freestanding. "Freestanding sign" means any mobile or portable sign, not securely attached to the ground or any other structure.
Sign, Projecting. "Projecting sign" means any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall more than six inches.
Sign, Public. "Public sign" means signs of a noncommercial nature such as community service information signs, safety signs and all signs erected by a public officer in the performance of a public duty.
Sign, Real Estate. "Real estate sign" means any sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
Sign, Roof. "Roof sign" means any sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.
Sign, Street Banner. "Street banner sign" means any banner sign which is stretched across and hung over a public right-of-way.
Sign, Wall. "Wall sign" means any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.
"Significant buildings" means a building which has special historic, cultural or aesthetic interest, and by virtue of that may have significant value to the community. A significant building shall be characterized by one or more of the following: (A) a building at least fifty years old; or (B) a building listed on the National Register of Historic Places or California Register of Historic Places; or (C) a building determined by the city council to be notably associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of Kerman.
Single-Family Dwelling. See "Dwelling, single-family."
"Site" means any plot or parcel of land or combination of contiguous lots or parcels of land.
"Site distance area" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of, streets, alleys, or private driveways.
"Site plan" means a plan, prepared to scale, showing proposed uses and structures for a parcel of land, including such details necessary to illustrate the final proposed use and development. See Section 17.14.030 for requirements.
"Site plan review" means a permit process that establishes criteria for the layout, scale, appearance, safety, and environmental impacts of a proposed development to ensure conformance to city standards and criteria.
"Smart growth" means an approach to land use planning and growth management that recognizes connections between development and quality of life. Smart growth stresses guidelines and incentives for growth instead of regulations, to encourage development that is sensitive to quality of life factors.
"Solid waste disposal facility" means any location or facility or dump used for the disposal of solid, semi-solid and liquid wastes including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial waste, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded and semisolid wastes, and including solid waste processing facilities as a secondary activity in conjunction with a disposal operation.
"Solid waste transfer station" means a facility for receiving and temporarily holding solid wastes for transfer to a solid waste disposal facility or waste-to-energy plant. A solid waste transfer station may include scales, compactors, wash racks, facilities for the transfer of solid from small to larger containers or vehicles for transport, and facilities for incidental separation of recoverable resources.
"Sorority" means a building or structure housing a group of women associated for their common interest. Such group may eat, sleep, and otherwise use such facilities as are provided on the premises.
"Spa" means a facility which provides an integrated combination of fitness, beauty, rejuvenation and relaxation programs. A primary use spa is one where the minimum facilities provided shall be beauty salon, and steam room and/or sauna, showers and therapy pool, and sequestered rooms for massage and body treatments. An accessory spa use is one where the focus is relaxation and therapeutic programs rather than fitness and beauty. If a facility is an accessory use spa, the provisions for minimum facilities are not required.
"Spandrel" means the area located between the top window or architectural feature of a floor or story and the window or architectural feature on the next higher floor in buildings of more than one story.
"Special event" means an establishment or enterprise involving large assemblages of people or automobiles on private land including, but not limited to, a carnival or circus; automobile, boat or foot race; rodeo; outdoor concert, play or festival involving more than one hundred people; professional golf or tennis tournament.
"Specialty marketplace" means the use, rental or lease of stalls or areas inside of an enclosed building by vendors offering new goods or materials, or antiques, for sale. Where permitted, such goods or materials offered for sale shall be those ordinarily offered for sale by the permitted use in the zone in which the specialty marketplace is located.
"Sprawl" means a low-density land use pattern that is automobile dependent, energy and land consumptive, and requires a very high ratio of road surface to development served.
Stable, Commercial. "Commercial stable" means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
Stable, Private. "Private stable" means a detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.
"Story" means the portion of a building including between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
"Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, or approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfares, except as excluded in this title. The word "street" shall include all major and secondary thoroughfares, collector streets, and local streets.
"Street centerline" means the centerline of a street right-of-way as established by official survey.
Street, Local. "Local street" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a freeway, major or secondary thoroughfare or collector on the general plan for the city.
Street, Private. "Private street" means a right-of-way or easement used for vehicular, equestrian and/or pedestrian traffic that is privately owned and maintained.
Street, Public. See "Publicly maintained road."
Street, Side. "Side street" means that street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot.
"Structural alteration" means any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.
"Structural wall" means any bearing wall of a building.
"Structure" means anything constructed or erected, the use of which requires location on the ground or the attachment to something having location on the ground including awnings, gas storage containers and patio covers, but excluding walls and fences six feet in height or less, and outdoor areas such an uncovered paved areas, patios, walks, tennis courts, and swimming pools.
"Structure, advertising" means the same as "Advertising structure."
Structure, Temporary. "Temporary structure" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety consecutive days. Such structure shall be subject to all applicable property development standards for the zone in which it is located.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site 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 units are residential uses allowed in all zones that allow residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
"Sustainable development" means development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend. Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs.
"Swap meet" means the use, rental or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, art exhibits or farmer’s markets.
"Swimming pool" means any permanent structure containing a body of water, having a depth of at least eighteen inches, intended for recreational uses, and shall include wading pools.
Swimming Pool, Private. "Private swimming pool" means and includes all pools which are used or intended to be used in connection with a single-family residence, and available only to the family or householder and his private guests.
Swimming Pool, Public or Semi-Public. A "public or semi-public swimming pool" means any pool other than a private swimming pool.
"Target populations" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Temporary dwelling" means a travel trailer or motor home which serves as a dwelling unit for the owner/builder for one year while building the principal dwelling unit.
"Temporary job site office" means a temporary job site office which serves as commercial office for one year while the principal structure is being built.
"Temporary tract office" means a real estate sales office to serve a newly created subdivision while buildings or lots are offered for initial sale, located on the same tract of land as the buildings or lots offered for sale.
"Temporary use" is a term applied to certain uses requiring a temporary use permit which are only permitted for a limited time.
"Tenant" means an occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner’s consent.
"Thrift shop" means a retail store selling goods, wares or merchandise, the majority of which have been previously sold at the retail level.
"Tobacco store" or "smoking lounge" means a retail business that primarily sells tobacco products, tobacco paraphernalia, and permits smoking of tobacco or other combustible substances on site, including but not limited to establishments known as cigar lounges, hookah bars/cafes, tobacco clubs, or smoking parlors, and does not sell alcoholic beverages or food for consumption on the premises.
"Townhouse" means a single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
"Traffic calming" means a concept fundamentally concerned with reducing the adverse impact of motor vehicles on built-up areas. Usually involves reducing vehicle speeds, providing more space for pedestrians and cyclists, and improving the local environment.
"Trailer" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.
"Trailer coach" means a recreational vehicle designed or used for human habitation, including travel trailers, motor homes, house cars and campers, with a maximum gross occupied ground area of less than three hundred twenty square feet.
"Trailer court/trailer park" (Sections 18200 through 18218.5 of the Health and Safety Code) means land or premises used or intended to be used for one or more trailer coaches on the basis of lease, rental or other consideration.
"Transient" means a person who is receiving accommodations for a price, with our without meals, for a period of not more than one hundred eighty continuous days in any one year.
"Transient, short-term" means a person who is receiving accommodations for a price, with or without meals, for a period of not more than twenty-nine continuous days in any one year.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing units are residential uses allowed in all zones that allow residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
"Transportation corridor" means a combination of discrete, adjacent surface transportation networks (e.g., freeway, arterial roads, rail networks) that link the same major origins and destinations.
"Transportation plan" means a document that provides the rationale, goals, objectives, strategies, and standards for the implementation of transportation improvements.
"Travel trailer" means a recreational vehicle without motor power designed for human habitation for residential, recreational, industrial, professional, or commercial purposes, but shall not include camper, truck camper, or mobile home.
"Truck and trailer sales lot" means an open area where trucks or trailers are sold, leased or rented, and where no repairs, painting or remodeling is done.
"Truck service station" means an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for automobile service stations.
"Truck stop" means a place of business primarily engaged in providing service station facilities for cargo vehicles or trailer trucks. Truck stops may include accessory food services.
"Unique natural feature" means that part of the natural environment which is rare or not duplicated in the community or region.
"Use" means the purpose or activity for which land or buildings are designed, arranged, or intended or for which it is occupied or maintained.
Use, Accessory. See "Accessory use."
"Use area" means a measured area occupied by principal and accessory buildings, structures, and appurtenant uses. For guidance, the use area of an agricultural processing facility would include measurements of the gross floor area of all buildings and structures plus the area, in square feet, occupied by all outdoor storage areas, all parking areas, and any other area of ground affected by the processing of agricultural products.
Use, Conditional. "Conditional use" is a use which is listed as a conditional use in any given district in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district.
Use Permit, Conditional or Temporary. "Conditional or temporary use permit" means a discretionary permit authorizing a particular use often for a specified period of time and often including conditions of approval which run with the land, regardless of ownership.
Uses, Permitted. "Permitted uses" means a use which is listed as a permitted use in any given district in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed in a given district subject to the restrictions applicable to that zone district.
"Variance" means permission to depart from the literal requirements of this title.
Veterinary Clinic/Hospital, Large Animal. "Large animal veterinary clinic/hospital" means any premises used for the care and treatment of large domestic animals including horses, cattle, goats, sheep, and similar animals with all such operations being conducted wholly within a building, except for holding pens or corrals used to house animals while they are under care of the veterinarian.
Veterinary Clinic/Hospital, Small Animal. "Small animal veterinary clinic/hospital" means any premises used for the care and treatment of small domestic animals, including dogs, cats, birds and similar animals and fowl with all such operations being conducted wholly within a building.
"Video game arcade" means a commercial establishment, except a bowling alley or a family restaurant, game and entertainment center, that offers the use of more than four on-site amusement devices that utilize electronic and computer technology to recreate on a view screen an animated sequence of events intended for recreational purposes and to test mental and manual dexterity.
"Wall" or "fence" means any structure or device, not including landscape features, forming a physical barrier. This shall include concrete, concrete block, wood, metal, or other materials that are so assembled as to form a barrier. Where a solid wall is specified, one hundred percent of the vertical service shall be closed, except for approved gates or other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick, stone or other masonry material and one hundred percent of the vertical surface shall be closed, except for approved gates or other access ways.
"Warehouse" means a building used primarily for the storage of goods and materials.
"Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
"Wholesaling" means the selling of any type of good for purpose of resale, including incidental storage and distribution.
"Winery" means a bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale/retail sales of wine produced and bottled on the premises. Accessory uses include tasting rooms and incidental retail sales of wine related products, including but not limited to, glasses, bottle openers, advertisements, and previously prepared packaged foods.
"Yard" means any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this title.
Yard, Front. "Front yard" means a space extending the full width of a lot between a building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
Yard, Rear. "Rear yard" means a space extending across the full width of a lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.
Yard, Required. "Required yard" means the open space between the lot line and the buildable area within which no structure shall be located except as provided in this title.
"Yard sale," "rummage sale," or "garage sale" means an occasional or casual sale of secondhand goods and/or goods donated by individuals or nonprofit organizations for not more than three consecutive days and may not exceed a total of six days per calendar year. (Section 5.04.140)
Yard, Side. "Side yard" means a space between the side line of the lot and the nearest line of the principal building, extending from the front yard to the rear yard.
Yard, Side. "Side yard" means a space extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.
"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line.
"Zone" means a specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
Zone, Change of. "Change of zone" means the legislative act of removing one or more parcels of land from one zone and placing them in another zone on the official zone map of the city.
"Zone map" means the official zoning map of the city of Kerman, which is a part of the ordinance codified in this title. (Ord. 23-01 §§4, 5, 2023; Ord. 19-01 §6, 2019; Ord. 15-01 §3, 2015; Ord. 09-04 §2(c)(Exh. C)(part), 2009: Ord. 97-04 §4, 1997; Ord. 95-06 §7, 1995; Ord. 90-02 §2(part), 1990).