Chapter 5.01
GENERAL ZONING PROVISIONS
Sections:
5.01.020 Purpose and objectives.
5.01.040 Components of the Zoning Plan.
5.01.010 Adoption of Plan.
There is hereby adopted a precise Zoning Plan for the City. Said Plan is adopted to promote and protect the public health, safety, peace, morals, comfort, aesthetics, environment and general welfare. (Ord. 97-17, 10-28-1997)
5.01.020 Purpose and objectives.
The Zoning Plan is adopted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the Plan is adopted to achieve the following:
A. To provide a zone plan to guide the physical development of the City in such a manner as to achieve progressively the general arrangement of land use described and depicted in the General Plan.
B. To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with objectives, policies, principles, and standards of the General Plan.
C. To prevent excessive population densities and overcrowding of land with structures.
D. To promote a safe, effective traffic circulation system, the provision of off-street parking and truck loading facilities, and the appropriate location of community facilities.
E. To protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the City’s economic base.
F. To protect and enhance real property values and the City’s natural assets.
G. To ensure development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the General Plan.
H. To provide and protect open space in accordance with policies of the General Plan. (Ord. 97-17, 10-28-1997)
5.01.030 Short title.
This title shall be known by the following short title: The City of Newman Zoning Ordinance. (Ord. 97-17, 10-28-1997)
5.01.040 Components of the Zoning Plan.
The Zoning Plan shall consist of a zoning map and a zoning ordinance designating certain districts and set of regulations controlling the uses of land, activities taking place on land, the density of population, the uses and location of structures, the height and bulk of structures, the open spaces around structures, the appearance of certain uses and structures, the areas and dimensions of sites, the location, size and illumination of signs, and requiring the provision of off-street parking and off-street loading facilities. (Ord. 97-17, 10-28-1997)
5.01.050 Interpretation.
In the interpretation and application, the provisions of this title are intended to be minimum requirements, except where they are expressly stated to be otherwise. No provision of this title is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance except as specifically repealed herein, or deed restriction, covenant, easement or other agreement between parties; provided that where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement or agreement between parties, this title shall control. (Ord. 97-17, 10-28-1997)
5.01.060 Application.
This title shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the City or any of its agencies; or by any authority or district organized under the laws of the State of California, all subject to the following exceptions:
A. Public streets and alleys.
B. Underground utility lines and facilities.
C. Overhead communication lines.
D. Overhead and underground electric and gas distribution and transmission facilities.
E. Railroad rights-of-way.
F. Other exemptions specifically allowed by State law or amendments thereto. (Ord. 97-17, 10-28-1997)
5.01.070 Definitions.
For the purposes of this title certain terms are hereby defined. All definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; words used in the singular shall include plural; the word “shall” is mandatory, and the word “may” is permissive. Definitions of the terms used in this title are as follows:
“A-frame sign” means a freestanding sign usually hinged at the top, or attached in a similar manner, and widening at the bottom to form a shape similar to the letter “A.” Such signs are usually designed to be portable, hence they are not considered permanent signs.
“Abandoned sign” means any display remaining in place or not maintained for a period of 120 days or more which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the display is located.
“Abutting” or “adjoining” means having district boundaries or lot lines in common.
“Accessory building” means a building or structure which is subordinate to, and the use of which is customarily incidental to, that of the main building, structure or use on the same site, not including arbors, lath houses, pergolas, storage containers or similar structures. If any accessory building is attached to the main building by a common wall or connecting roof, such accessory building shall be deemed to be a part of the main building.
“Accessory residential unit (also known as secondary or second dwelling unit)” means an attached or detached dwelling unit that is located on a single lot with another primary dwelling unit and provides complete facilities for independent living for one or more persons. These facilities include permanent provisions for living, sleeping, cooking and sanitation.
“Accessory use” means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principal use of the site.
“Acre, gross” means a measure of total land area of any lot including future streets, parks, and other land dedications.
“Acre, net” means the gross area of a site excluding:
1. Land to be dedicated for required rights-of-way, either public or private;
2. Land determined to be hazardous and unbuildable;
3. Land to be dedicated for schools and parks or other facilities dedicated for public use.
“Adult businesses” include the following:
1. Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature.
2. A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film, video, or other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives 25 percent or more of the gross revenue from or devotes 25 percent or more of the stock on hand or 25 percent or more of the gross floor area to such activity, is presumed to be engaging in “substantial or significant” conduct with respect to such activity.
3. Any business wherein the selling of any food or beverage served by employees engaged in partial or total nudity or exposed anatomical areas is conducted.
4. Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or is shown specified sexual activities or exhibits or engages in partial or total nudity or otherwise exposes specified anatomical areas as set forth elsewhere in this Code.
5. Any business which, as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed.
“Agreement of sale” means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner, including a lease with option to buy.
“Alley” means a public or private thoroughfare which affords a secondary means of access to abutting property.
“Alter” means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. Routine maintenance is not considered an alteration.
“Animal, domestic” means a small animal of the type generally accepted as a pet, including dog, cat, rabbit, songbird, fish, and the like, but not including chicken, duck, goose, peafowl, goat, sheep, hog, horse or the like.
“Animal, exotic” means a wild animal not customarily confined or cultivated for domestic or commercial purposes but kept as a pet or for display.
“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, and within an enclosed soundproof structure.
“Animal, large” means an adult animal larger than three and one-half feet in height or 250 pounds or more. This term includes horse, cow, and any other mammal customarily kept in a pen, corral or stable.
“Animal, small” means an animal no larger than three and one-half feet in height or less than 250 pounds. This term includes fish, bird, and any mammal customarily kept as a domestic pet within a dwelling unit.
“Animated or moving sign” means any sign which uses movement, lighting, or special materials to depict action or create a special effect or scene.
“Apartment” means any building or portion thereof which is designed and built for occupancy of four or more families.
“Arbor” means an arbor, lath house, pergola, trellis or other similar structure without walls or a solid roof, intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, patio cover, garage, carport or storage building; provided, that it is not located within the front yard setback or side yard setback area of a main building.
“Arcade” means any establishment operating or exhibiting six or more amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement of any description, for which a fee is charged.
“Attached sign” means any sign which is affixed to and made an integral part of a building or structure. Attached signs include, but are not limited to, wall signs, roof signs, and projecting signs, to distinguish them from freestanding and ground signs.
“Awning” means a temporary or permanent structure attached to, or supported by, a building, designed for aesthetics or shelter over a pedestrian or vehicular way and which may or may not project over public property.
“Balcony” means a platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.
“Banner, flag, pennant or balloon” means any cloth, plastic, paper, or similar material used for advertising purposes attached to any structure, staff, pole, line, framing or vehicle, including captive balloons and inflatable signs but not including official flags of the United States, the State municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
“Base density” means the number of dwelling units on a particular parcel of land which is in conformance with the General Plan and zoning.
“Basement” means any area of the building having its floor subgrade – i.e., below ground level – on all sides.
“Bed and breakfast inn” means an owner-occupied single-family dwelling where overnight lodging and a breakfast meal are provided to transient guests in a home atmosphere for compensation and where said accommodation is clearly subordinate to the primary residential function of the property.
“Block” means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and railroad right-of-way, waterway, dead-end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intersects.
“Blockface” means the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, unsubdivided land, watercourse, or City boundary.
“Boardinghouse” means a dwelling other than a hotel where lodging or lodging and meals for three or more persons is provided for financial or other compensation.
“Breezeway” means a roofed, open-sided passageway connecting two structures, such as a house and a garage.
“Building” means any structure having a roof supported by columns or by walls and designed for the shelter, housing or enclosure of any person, animal, chattel or property of any kind and having a fixed location upon the ground.
“Building height” means the vertical distance from the finished grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or from average grade to the highest gable of a pitch or hip roof.
“Building, main” means a building in which is conducted the principal use of the lot and/or building site on which it is situated.
“Building setback line” means the minimum distance as prescribed by this title between any property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto.
“Building site” means a lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway or waterway.
Business Frontage. The primary “business frontage” is that portion of the building elevation facing a street, parking lot or walkway in which the primary entrance to the building is located. All other business frontage is secondary business frontage. If more than one business is located in a single building, then such length shall be limited to that portion which is occupied by each individual business.
“Business, retail” means the retail sale of any article, substance, service or commodity within a building, but not including the sale of lumber or other building materials.
“Business, wholesale” means the wholesale handling of any article, substance, service or commodity, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance.
“Buyer” means any person, copartnership, association, corporation, fiduciary, or other legal or business entity which intends to sign an agreement or instrument which on its face appears to be legally binding or is intended to be legally binding, subject to specified conditions. Such agreement or instrument shall include, but is not necessarily limited to, a deposit receipt, seller’s instructions, contract of sale, exercise of option to buy, or executed deed when there is no prior written agreement.
“Canopy” means any fixed overhead shelter used as a roof, which may or may not be attached to a building and which does not project over public property.
“Carport” means an accessory structure or portion of a main structure open on two or more sides designed for the storage of motor vehicles, without full enclosure.
“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.
“Charitable films” means commercials, motion pictures, television, or videotapes produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film(s) or from showing the films, tapes or photographs.
“City” means the City of Newman.
“City Council” means the City Council of the City of Newman.
“Clinic” means a place for the provision of group medical services.
“Club” means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
“Collection buildings” means buildings with a gross floor area of 225 square feet or less used for the deposit and storage of recyclables.
“College” means an educational institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges.
College, Trade. See “educational institutions.”
“Combining district” means any district in which the general district regulations are combined with those special districts defined in NCC 5.02.010 for the purpose of adding additional special regulations.
“Commercial office” means any administrative or clerical office maintained as a business and any office established by a public service over which this chapter has jurisdiction.
“Communications equipment building” means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.
“Conditional use” means a use generally compatible with other uses in a zoning district which requires individual review of its location, design, configuration and density and intensity and may require imposition of conditions to ensure the appropriateness of the use at a particular location.
Convalescent Home. See “rest homes or homes for the aged.”
“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
“Coverage, lot or site” means the percentage of a site covered by a roof and any soffit, trellis, eave or overhang extending more than two and one-half feet from a wall, and/or by a deck more than 30 inches in height.
“Cultural resource” means improvements, buildings, structures, signs, features, sites, landscapes, trees or other objects of scientific, aesthetic, educational, cultural, architectural or historical significance to the citizens of the City, the Central Valley, the Northern California region, the State as a whole, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the Architectural Review Commission, or by the City Council on appeal, pursuant to the provisions of this chapter.
Day, Working and Calendar. For purposes of applying time periods within the context of this title, a period of 10 days or less will utilize a “working day” standard and 11 or more days will utilize a “calendar day” standard. A “working day” shall mean Monday through Friday except where one of these days is a recognized holiday and the City of Newman business offices are not open to conduct public business. “Calendar day” is considered any consecutive span of 24-hour days within a 365-day calendar.
“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts. See also “balcony.”
“Demolition” means any act or process that destroys in whole or in part a building or structure.
“Design Review Committee” means the Architectural Review Committee of the City.
“Development” means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
“Dilapidated sign” means any sign or element of a sign which is excessively weathered or structurally unsound, or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.
“District” means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this title.
“Driveway” means a paved area on a lot necessary to provide direct access for vehicles between a street and either:
1. An area on a residential lot containing four or fewer parking spaces;
2. An aisle adjacent to parking spaces and providing access to a parking lot;
3. A loading berth; or
4. A refuse storage area.
“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.
Duplex. See “dwelling, two-family or duplex.”
“Dwelling” means a building or portion thereof designated and used exclusively for residential occupancy, including one-family, two-family, three-family dwellings and apartments, multiple-family dwellings, but not including hotels, motels or boarding houses.
“Dwelling groups” means a group of two or more detached or semi-detached, one-family, two-family or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common.
“Dwelling, multiple” means a building or portion thereof, used and designed as a residence for four or more families living independently of each other and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including motels, boarding houses and hotels.
“Dwelling, single-family” means a building designated for, or used to house, not more than one family, including all necessary employees of such family.
“Dwelling, two-family (halfplex)” means a building designed for occupancy by two families living independently of each other, where each dwelling unit is attached and located on a lot which may be separately owned or conveyed.
“Dwelling, two-family or duplex” means a building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each such family.
“Dwelling, three-family or triplex” means a building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other, including all necessary employees of each such family.
“Dwelling unit” means one or more rooms, a kitchen, and a restroom designed for occupancy by one family for living and sleeping purposes.
“Educational institutions” means public or other nonprofit institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education, confer degrees as a college or university of undergraduate or graduate standing, conduct research, or give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.
“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
“Employee housing, large” means any housing that provides accommodations for no fewer than six employees but no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, located on property zoned for agricultural use.
“Employee housing, small” means any housing that provides accommodations for six or fewer employees. Use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy for purposes of the local building codes.
“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a public roadway, street, sidewalk, right-of-way or floodplain which may impede or alter the flow capacity of a floodplain.
“Exterior (building or improvement)” means an arrangement and components of all of the outer surfaces of a building or improvement including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.
“Family” means a reasonable number of persons occupying a dwelling, as determined by State housing code occupancy standards, living as a single housekeeping unit. A family shall be deemed to include live-in household support staff, if any.
“Fast food restaurant” means a food establishment at which customers order from a menu board and pay for food at time of order.
“Fence” means any structural device forming a physical barrier by means of hedge, wood, mesh, chain, brick, stake, plastic or other similar materials.
“Floor area, gross” means the total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony or terrace.
“Floor area, net” means the total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space, area used exclusively for vehicle parking or loading, breezeway, attic without floor, and any open porch, deck, balcony or terrace. It also excludes any corridor, hallway, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters and similar enclosures.
“Floor area ratio (FAR)” means the ratio of the gross square footage of a building permitted on a lot to the net square footage of the lot.
“Freestanding pole sign” means a freestanding sign independently supported by one or more poles, columns, or uprights to be located immediately adjacent to the road right-of-way. The guideline for setback shall be 10 feet from the property line immediately abutting the road right-of-way.
“Frontage” means the property line of a site abutting on a street, other than the side line of a corner lot.
Frontage, Building. The frontage of a building is the maximum horizontal dimension of that side of a building abutting on or generally parallel to the front lot line or, in the case of a corner building, the combined maximum horizontal dimensions of the sides of the building abutting or generally parallel to the front lot line and the corner side line.
Frontage, Street. The “street frontage” is the length of the front lot line or, in the case of a corner lot, the front lot line plus the corner side lot line.
“Garage or carport” means accessible and usable covered space of not less than nine feet by 20 feet each for a storage of motor vehicles.
“Garage, repair” means a structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.
“Garden structure” means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.
“General Plan” means the City of Newman General Plan, as amended.
“Grade, average” means the average level on the surface defined as the shortest distance between finished grade at the highest and lowest sides of a structure.
“Grade, existing” means the level of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this title.
“Grade, finished” means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
“Grade, street” means the top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.
“Guesthouse” means detached living quarters of a permanent type of construction and without kitchens or cooking facilities, and where no compensation in any form is received or paid.
“Hazardous waste” means any waste, or combination of wastes as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical or infectious characteristics may either cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
“Height” means the vertical dimension measured from finished grade, unless otherwise specified.
“Height of building” means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof, excluding elevator equipment rooms, ventilating and air conditioning equipment.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“Highway-oriented use” means any professional, retail/commercial, or industrial use located on property within 200 feet of the State Highway 33 right-of-way.
“Historic district” means any area containing a concentration of improvements which have a special character, historical interest or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling and association, or which represent one or more architectural periods or styles typical of the history of the City, and that has been designated a historic district.
“Home occupation” means a use or activity in any R District that is incidental, secondary and in addition to the principal use of a lot or site as a residence, conducted on the site of such residence, and established in accordance with the provisions of Chapter 5.20 NCC.
Hotel. See “motel or hotel.”
“Household pets” means domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as dogs, cats, domestic birds, guinea pigs, white rats, rabbits, mice and other similar animals generally considered by the public to be kept as pets, excluding fowl and not including animals maintained as part of a formal school or 4-H sponsored youth animal husbandry project. For one-family residences, three adult dogs maximum, three adult cats maximum, two adult rabbits maximum, domestic birds and other similar animals are permitted, where the total number of adult animals in one place of residence shall not exceed 10. For multiple-family residences, including mobile homes in mobile home parks, one adult dog maximum, one adult rabbit maximum, two adult cats maximum, domestic birds and other similar animals are permitted, where the total number of adult animals in one place of residence shall not exceed five. For purposes of this definition “adult” shall mean an animal that is weaned from its mother and more than six months of age.
“Illumination, direct” means illumination by means of light that travels directly from its source to the viewer’s eye.
“Illumination, indirect” means illumination by means only of light cast upon an opaque surface from a concealed source.
“Junk” means any old iron, brass, wire, copper, tin, lead, or any other scrap metals, and any rags, papers, trash, cardboard, bags, lumber, bottles, bones, and old parts of bicycles, tricycles, baby carriages, automobiles, other vehicles or machinery, or other scrap materials, and also bicycles, tricycles, baby carriages, automobiles, other vehicles or machinery, dismantled for salvage or “wrecked,” and similar personal property ordinarily classified as junk, all regardless of whether the same is being held for sale or storage.
“Junkyard” means more than 100 square feet of the area of any lot used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or “wrecking” of automobiles or other vehicles or machinery, whether for sale or storage.
“Kennel” means any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not. Also, it can be an establishment for the breeding of these animals.
“Kitchen” means any room or part of a room which is designed, built, used, or intended to be used for food preparation and dish washing; but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen.
“Landscape” means to plant and maintain some combination of trees, ground cover, shrubs, vines, flowers or lawn. Required landscaping may include natural features such as existing or imported rock and structural features including fountains, pools, artwork, screens, walls, fences or benches. A landscaped area may also include a walkway or concrete plaza if it is an integral part of the elements of landscaping described above. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.
“Landscape area” means a maintained area comprised principally of live vegetative matter (plants, shrubs, ground cover, trees, etc.) with no more than 20 percent covered by nongrowing or nonvegetative matter (rocks, bark, concrete, etc.) after three years of growth.
“Landscaping” means the placement of materials such as grass, flowers, ground cover, shrubs, hedges, trees, decorative walls and fences, and berms within a designated area.
“Lodge” means an order or society of persons organized for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
“Logo” means a trademark or company name symbol.
“Lot” means a site or parcel of land.
“Lot area” means the horizontal area within the property lines excluding public access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.
“Lot, average width” means the average horizontal distance between the side lot line measured at right angles to the lot depth, at the required front setback line.
“Lot depth” means the average horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
“Lot front” means the shortest dimension of a lot fronting on a street.
“Lot, interior” means a lot other than a corner lot.
“Lot line” means a line separating the front from a street; the side from a street or adjoining property.
“Lot rear” means the lot boundary opposite or approximately opposite the lot front; in the case of a triangular or gore-shaped lot, a line 10 feet in length, within the lot, parallel to and at the maximum distance from the front line of the lot.
“Lot side” means any lot boundary not a front or rear lot line.
“Lot, through” means a lot having frontage on two parallel or approximately parallel streets.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
“Manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
May. “May” is permissive; “shall” is mandatory.
“Medical building” means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists or similar practitioners of the healing arts, including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians.
“Mobile recycling unit” means an automobile, truck, trailer, or van, licensed by the State Department of Motor Vehicles which is used for the collection of recyclable materials, including the bins, boxes or containers transported by trucks, vans or trailers and used for the collection of recyclable materials.
“Mobile home” means a structure having multiple sections equaling or exceeding exterior dimensions of eight feet in width and 40 feet in length, having a chassis and designed to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation.
“Mobile home parks” means any parcel or contiguous parcels of land under single ownership, designed or intended to be used to accommodate mobile homes on a permanent or semi-permanent basis.
“Motel or hotel” means a single building or a group of detached or semi-detached buildings containing guest rooms or guest apartments, which group is designed and used primarily for the accommodation of transient travelers.
“Motion picture and television filming” means all activity relevant to staging or shooting commercial motion pictures, television shows or programs, and commercials.
“Natural feature” means any tree, plant life, water feature, or rock outcropping.
“News media” means filming or videotaping for the purpose of spontaneous, unplanned television news broadcast by reporters, photographers or cameramen.
“Nonconforming sign” means a sign, outdoor advertising structure, or display of any character that was lawfully erected or displayed, but that does not conform with currently applicable requirements prescribed for the district in which it is located by reason of adoption or amendment of this title, or by reason of annexation of territory to the City.
“Nonconforming structure” means a structure that was lawfully erected but which does not conform with the currently applicable requirements and standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this title, or by reason of annexation of territory to the City.
“Nonconforming use” means a lawful use of land which no longer conforms to the provisions of this title.
“Nursery school” means a school, family day care facility or the use of a site or a portion of a site for an organized program devoted to the education or day care of five or more pre-elementary school-age children, including those residents on the site.
“Nursing home” means a structure operated as a boardinghouse in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
“Off-street loading facilities” means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
“Off-street parking” means a parking area located off any public right-of-way, alley, or private street which shall be provided as required by this title.
“Off-street parking facility or lot” means a site or a portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.
“Office” means a business establishment for rendering of service or administration, but excluding retail sales.
“Open space – usable” means any area within a lot or parcel which is not covered with a structure.
“Ordinary maintenance and repair” means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage.
“Outdoor advertising structure” means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised product is produced.
“Outdoor storage” means storage outside of a building of material not intended for immediate sale or exhibition.
“Owner” means any person, copartnership, association, corporation, fiduciary, or other legal or business entity having legal or equitable title or any interest in any residential property.
“Parking district” means a government parking district maintained by the Federal, State, County or City government, or special district.
“Parking space” means an area for parking of a motor vehicle, plus those additional areas and facilities required to provide safe access to and from said space. The area set aside for a parking space must be usable and accessible for the type of parking need that must be satisfied within the context of this title.
“Patio cover” means a shade structure with a solid roof that is usually attached or detached to the primary building and is unenclosed (i.e., without walls) on at least three sides when attached and all four sides when detached, except for required vertical/roof supports. Patio covers fall under the accessory building classification and shall comply with all respects with the requirements of this title applicable to accessory buildings.
“Permitted” means allowed without a requirement for approval of a conditional use permit or temporary use permit.
“Person” includes any individual, city, county or city and county; partnership, corporation, cooperative, association, trust or any other legal entity, including the State of California and the Federal Government.
“Planning Commission” means the Planning Commission of the City of Newman.
“Planning Department” means the Planning Department of the City of Newman.
“Planning Director” means the Planning Director of the City of Newman.
“Porch” means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.
“Preexisting” means in existence prior to the effective date of the ordinance codified in this chapter.
“Preservation” means the act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the existing form and vegetative cover of a site.
“Private open space” means an open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
“Processing facility” means a building or enclosed space used for the collection and processing of recyclable material, and/or used motor oil, by such means as flattening, mechanical sorting, compacting, baling, shredding, grinding, crushing and cleaning.
1. A light-processing facility occupies less than 45,000 square feet and includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
2. A heavy-processing facility is any processing facility other than a light-processing facility.
“Project” means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.
“Public utility service yard” means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduit, transformers, cross-arms, utility poles or any other material, tool or supply necessary for the normal maintenance of the utility facilities.
“Railroad right-of-way” means a strip of land of a maximum width of 100 feet only for the accommodation of main lines or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
“Reconstruction” means the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or a part thereof, as it appeared at a specific period of time.
“Recreational vehicle” means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Recyclable material” means reusable material including, but not limited to, metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. “Recyclable material” does not include refuse or hazardous materials, but may include used motor oil.
“Recycling facility” means a center for the collection and/or processing of recyclable materials.
“Rehabilitation” means the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
“Residence” means a structure containing a dwelling unit designed for occupancy or occupied by one family or more.
“Residential care facility, large” means any use, including supportive and transitional housing, of a residential unit serving seven or more persons on a 24-hour-per-day basis. Also includes “dwelling, group.” Also includes a State-authorized, certified or licensed family care home, foster home, or a group home serving seven or more disabled persons or dependent and neglected children on a 24-hour-a-day basis.
“Residential care facility, small” means any use, including supportive and transitional housing, of a residential unit serving six or fewer persons on a 24-hour-per-day basis. A small residential care facility is a State mandated residential use of the property. Also includes “dwelling, group.” Also includes a State-authorized, certified or licensed family care home, foster home, or a group home serving six or fewer disabled persons or dependent and neglected children on a 24-hour-a-day basis.
“Residential property” means any unimproved or improved real property or portion thereof situated in the City limits, designed or permitted to be used for dwelling purposes, and shall include any/all additional buildings and structures located on said real property. This includes any real property being offered for sale, trade, transfer, or exchange as residential, whether or not it is legally permitted and/or zoned for such use.
“Residential, single-family attached” means a building containing two or more independent and attached residential units, without common property governed by a homeowner’s association. Also includes “dwelling, two-family (halfplex).” Also includes “employee housing, small” and “residential care facility, small.” Also includes “manufactured home.”
“Residential, single-family detached” means a detached residential unit. Also includes “employee housing, small” and “residential care facility, small.” Also includes “manufactured home.”
“Rest homes or homes for the aged” means establishments or homes intended primarily for the care and nursing of invalids and aged persons, excluding cases of communicable diseases and surgical or obstetrical operations. Any premises licensed under Section 1253 or other applicable section of the Health and Safety Code of the State of California. The term shall not include nursing homes.
“Restaurant” means an establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tearooms and outdoor cafes.
“Restoration” means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
“Reverse vending machine” means an automated mechanical device that accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A “reverse vending machine” may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.
1. A single-feed reverse vending machine is designed to accept individual containers one at a time.
2. A bulk reverse vending machine is designed to accept more than one container at a time and to compute the refund or credit due on the basis of weight.
“Reversed corner lot” means a corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.
“Room, habitable” means a room meeting the requirements of the Uniform Building Code and Uniform Housing Code for its intended use (e.g., sleeping, living, cooking, or dining), excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.
Rooming House. See “boardinghouse.”
“School, elementary, middle or junior high or high” means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education.
“School, private or parochial” means an institution conducting regular academic instruction at kindergarten, elementary or secondary levels, operated by a nongovernmental organization.
“Screening” means the provision of a minimum six-foot-high living or nonliving buffer designed to diffuse noise, glare and negative visual impacts. Living screening shall have a minimum depth of three feet.
Secondary Residential Unit. See “accessory residential unit.”
“Seller” means any person, company, partnership, association, corporation or fiduciary having legal or equitable title or any interest in the property or the designated representative of the seller.
“Service station” means an occupancy engaged in the retail sales of gasoline, diesel or liquefied petroleum gas fuels, oil, tires, batteries and new accessories, and which provides for the servicing of motor vehicles and operations incidental thereto, including automobile washing, incidental waxing and polishing, tire changing and repairing (but not including recapping), battery service, charging and replacement (but not including repair or rebuilding), radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, and the testing, adjustment and replacement of motor parts and accessories.
“Setback line” means a line established by this title to govern the placement of buildings or structures with respect to lot lines, streets or alleys.
Shall. “Shall” is mandatory; “may” and “should” are permissive.
“Shared open space” means an open area within a residential development reserved for the exclusive use of residents of the development and their guests.
“Shopping center” means a unified group of retail businesses and service uses on a single site with common parking facilities. A “shopping center” may include pads for future buildings.
Side and Front of Corner Lots. For the purpose of this title the narrowest frontage of a corner lot facing the street is the “front,” and the longest frontage facing the intersecting street is the “side,” irrespective of the direction in which the dwelling faces.
“Sign approval” means an approval issued by the Planning Department to any person or entity authorized by this chapter to erect a sign, except as exempted. A building permit issued by the Building Department may also be required prior to a sign being lawfully erected.
“Sign area” means the entire face of a sign, including the surface and any framing, projections or molding, but not including the support structure. Where a sign consists of letters individually attached to or painted on the wall of a building or structure where there is no distinguishable frame or border, the sign area will be considered that area around all words and symbols enclosed by no more than eight lines.
Sign Types.
1. Business Identification Sign. A sign that serves to identify only the name and address of the premises, business, building or portion of building upon which it is located and includes no other advertising such as product lists, phone numbers and hours of operation. Such a sign may include a logo or business symbol.
2. Construction Sign. Signs located on a site during construction, which informs of new buildings, opening dates, leasing opportunities, and/or identifies the architects, engineers, contractors, and financiers.
3. Directional Sign. Any sign erected for the sole purpose of providing direction to the general public. Directional signs include, but are not limited to, signs that: denote the route to any city, community facility, historic place, or hospital; signs directing and regulating traffic; signs directing visitors to any tourist-oriented business; notices of any utility or transmission company necessary for the direction or safety of the public; and signs, notices or symbols as to the time and place of civic meetings.
4. Freestanding or Ground Sign. Any sign supported by structures or supports, placed or anchored in the ground and that is independent from any building or other structure.
5. Grand Opening Sign. A sign used by newly established businesses to inform the public of their location and services.
6. Ground Sign. A ground sign is a freestanding sign six feet or less in height.
7. Incidental Sign. A small sign pertaining to goods, products, services or facilities that are available on the premises where the sign occurs and intended primarily for the convenience of the public.
8. Nameplate Sign. A sign attached to a building that designates the name and/or address of a business, and/or the words “entrance” or “exit.”
9. Marquee. A permanent roofed structure attached to and supported by a building and projecting over public property.
10. Monument Sign. A specific type of ground sign supported from grade to the bottom of the sign with the appearance of having a solid base. These signs are generally located at the primary entry points to a project, and identify the name of a center or group of buildings rather than that of an individual tenant.
11. Off-Site Advertising on Billboard. Any sign advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or offered at the property on which the sign is located.
12. Open House Sign. A temporary sign that identifies a building for sale or lease which is open and available for inspection, and sets forth no other advertisement.
13. Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or uses that depend on frequently changing events.
14. Projecting Sign. Any sign permanently attached to a building and projecting at not more than four feet over a sidewalk or other pedestrianway. A projecting sign shall be a single perpendicular plane located not less than eight feet or more than 12 feet above a sidewalk or pedestrian walkway. Projecting signs shall be made of wood or wood-like material and shall not be directly illuminated. Each sign area is limited to six square feet per face.
15. Reader Board. A sign constructed so that individual letters or other advertising material can easily be changed, used only by businesses, activities or uses that depend on frequently changing events.
16. Special Events Sign. A temporary sign advertising or pertaining to any civic, patriotic, or special event of a general public interest taking place within the County.
17. Subdivision Directional Sign. A sign providing direction to a land development project within the City.
18. Temporary Sign. Nonilluminated signs which are designed to be displayed for a short period of time; are not permanently affixed to a building or property; and/or are constructed of lightweight materials such as paper, cloth, cardboard, wallboard, etc.
19. Window Sign. Any sign that is painted, applied or attached to a window or located in such a manner that it can be seen from the exterior of the structure.
“Signs” means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of a person or entity, or communicate information of any kind to the public.
“Site” means a lot, or group of contiguous lots not divided by a street, other right-of-way, or City limit, that is proposed for development in accord with the provisions of this chapter, and is in a single ownership or under unified control.
“Site area” means the total horizontal area included within the property lines of a site.
“Specific plan” means a plan for a defined area that is consistent with the General Plan and with the provisions of the California Government Code authorizing specific plans.
“Storage containers” shall mean any container (metal or otherwise) previously used as a shipping/cargo container, including but not limited to: all trailers and/or shipping containers manufactured with or without axles and wheels; boxcars; box vans that have been disconnected from a chassis; busses; cargo containers; mobile storage trailers; passenger coaches; “portable on-demand storage structures (PODS)”; semi-truck trailers; storage structures or cargo boxes designed or once serving as commercial shipping or truck trailers or boxes; shed-like containers; streetcar bodies or similar enclosures and rolling stock; temporary storage units; tents; trains; truck/tractor trailers; the parking of tractor-trailers or separate tractors or cargo boxes and/or any and all other portable structures that can be or are used for the storage of personal property of any kind or other similar use as determined by the Community Development Department.
“Story” means the portion of a building included between the upper surface of a floor and the upper surface of the floor next above. The topmost story is that portion of a building included between the upper surface of the topmost floor and the ceiling of the roof above.
“Story, half” means any story in which the floor area covers less than half of the building footprint. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such usable or unused under-floor space shall be considered a story.
“Street” means a public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an “alley” as defined herein.
“Street line” means the boundary between a street right-of-way and property.
“Structural alterations” means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders.
“Structure” means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, excluding swimming pools, driveways, patios, parking spaces or nonpermanent structures such as tool sheds, hot tubs, spas and similar movable structures.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists 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.
“Swimming pools, fish ponds and hot tubs” means water-filled enclosures having a depth of 18 inches or more used for swimming or recreation or as a landscape feature.
“Trailer court” means land or premises used or intended to be used, let or rented for occupancy by one or more trailers, camp cars or movable dwellings, rooms or sleeping quarters of any kind, including trailer parks and mobile home parks.
“Trailer sales lot” means an open area where trailers are sold, leased or rented, and where no repairs, repainting or remodeling are done.
“Trailer, utility” means a vehicle with or 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 only for carrying property.
“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.
“Transmission line” means an electric power line bringing power to a receiving or distribution substation.
“Travel trailer” means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight feet in width and less than 40 feet in length. The terms “camper” and “motor home” are included within the meaning of the term “travel trailer.”
“Travel trailer parks” means a parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis (one month continuous occupancy or less).
“Use” means the purpose for which land or a building is designed, arranged or intended or for which either land or building is or may be occupied or maintained.
“Use, accessory” means a use incidental or subordinate to and devoted exclusively to the main use of a lot or a building located on the same lot.
“Use, conditional” means 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, permitted” 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 to establish in a given district.
“Used” means arranged, designed, constructed, altered, rented, leased, sold, occupied, and intended to be occupied.
“Visible” means capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.
“Visitor-serving use” means a use that is oriented toward serving the traveling public including, but not limited to, hotels, motels, gas stations, and restaurants.
“Wetland” means an area that is inundated or saturated by water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
“Window, required” means an exterior opening in a habitable room meeting the area requirements of the Uniform Building Code and Uniform Housing Code.
“Yard” means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward.
Yard Types.
1. Corner Side Yard. A side yard on the street side of a corner lot.
2. Yard, Front. A yard extending across the front of the lot between the side lot lines and measured from the front line of the lot to the nearest line of the building; provided, however, that if any Official Plan line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such Official Plan line to the nearest line of the building.
3. Yard, Rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.
4. Yard, Side. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.
“Zoning Ordinance” means the Zoning Ordinance of the City of Newman, as amended. (Ord. 2016-3 § 3, 7-12-2016; Ord. 2010-2 § 1, 2-9-2010; Ord. 2009-8 § 1, 7-28-2009; Ord. 2000-1 §§ 1, 2, 3, 5-23-2000; Ord. 97-17, 10-28-1997)