Chapter 17.08 DEFINITIONS

For the purpose of this title and Title 18, certain words and terms used in this title and Title 18 are defined in this chapter. When not inconsistent with the context, words used in the present tense include the plural number and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "may" is permissive. (Ord. 84 Art. II, 1948)

17.08.020 Accessory building.

"Accessory building" means a subordinate building or a part of the main building on the same lot or building site, the use of which is incidental to that of the main building, and which is used exclusively by the occupants of the main building. (Ord. 84 § 2.1, 1948)

17.08.030 Accessory use.

"Accessory use" means a use customarily incidental and accessory to the principal use of a lot or a building located upon the same lot or building site. (Ord. 84 § 2.2, 1948)

17.08.040 Alley.

"Alley" means a public thoroughfare or way having a width of not more than twenty feet which affords only a secondary means of access to abutting property. (Ord. 84 § 2.3, 1948)

17.08.050 Basement.

"Basement" means the definition contained in the Uniform Building Code adopted by the City of Palos Verdes Estates pursuant to Chapter 15.16 of the municipal code. (Ord. 646 § 1, 2002: Ord. 84 § 2.5, 1948)

17.08.060 Building.

"Building" means a structure having a roof supported by columns or walls. (See "structure.") (Ord. 84 § 2.6, 1948)

17.08.070 Building height.

"Building height" means the vertical distance as measured from any point on natural grade within the perimeter of the structure to the highest point of the structure at that point. The following elements of the structure shall not be considered when determining its height:

A. Vent pipes;

B. Chimneys;

C. Television antennas;

D. Eaves extending beyond the perimeter walls of the structure. (Ord. 303 § 1 (part), 1974: Ord. 84 § 2.7, 1948)

17.08.080 Building site.

"Building site" means the ground area of a building or buildings together with all open spaces adjacent thereto as required by this title and Title 18. (Ord. 84 § 2.8, 1948)

17.08.085 Cellar.

"Cellar" means that portion of a building located entirely underground within the footprint of the building, so that it is below the adjoining grade from all sides. A cellar shall contain no windows and shall not be directly accessible from outside of the building. (Ord. 599 § 1, 1996)

17.08.090 City.

"City" means the incorporated city of Palos Verdes Estates. (Ord. 84 § 2.9, 1948)

17.08.100 City council.

"City council" means the city council of the city of Palos Verdes Estates. (Ord. 84 § 2.10, 1948)

17.08.110 Commission.

"Commission" means the city planning commission. (Ord. 84 § 2.11, 1948)

17.08.120 Compensation.

"Compensation" means anything of value. (Ord. 84 § 2.12, 1948)

17.08.124 Director.

"Director" means the city manager or the designee of the city manager. (Ord. 529 § 8, 1991)

17.08.125 Dish antenna.

"Dish antenna" means any structure eighteen inches in diameter or larger, located outside any building, and used for the reception of communications relayed from earth-orbiting satellites or other communications systems. (Ord. 601 § 1, 1996: Ord. 496 § 5 (part), 1989)

17.08.130 Dwelling, one-family.

"One-family dwelling" means a building containing but one kitchen and used to house not more than one family including domestic employees of such family. (Ord. 84 § 2.13, 1948)

17.08.140 Dwelling, multifamily.

"Multifamily dwelling" means a building or portion thereof used to house two or more families, including domestic employees of such family, living independently of each other, and doing their own cooking. (Ord. 84 § 2.14, 1948)

17.08.150 Dwelling, single-family.

"Single-family dwelling" means the same as "one-family dwelling." (Ord. 84 § 2.145, 1948)

17.08.160 Dwelling unit.

"Dwelling unit" means a building or portion thereof used by one family and containing but one kitchen. (Ord. 84 § 2.15, 1948)

17.08.170 Dwelling unit, second.

"Second dwelling unit" means an area attached to an existing building, or a detached building, which provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, on the same lot or lots as a one-family dwelling. Detached servants’ quarters are included in this definition. (Ord. 651 § 1, 2003: Ord. 441 § 3, 1987: Ord. 386 § 1, 1984)

17.08.180 Erected.

"Erected" includes "build," "built upon," "added to," "altered," "constructed," "reconstructed," "moved upon," or any physical operations on the land required for a building. (Ord. 84 § 2.16, 1948)

17.08.190 Family.

"Family" means one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants; or a number of persons, without exceeding three, living and cooking together as a single housekeeping unit, although not related by blood, adoption or marriage. (Ord. 334 § 1, 1978: Ord. 84 § 2.17, 1948)

17.08.195 Floor area.

"Floor area" means all floor area of rooms with a ceiling height of seven feet or more, at every floor, measured from the outside of the surrounding exterior walls of a building, including the garage but excluding the floor area of stairwells and elevator shafts at each floor above the lowest floor served. (Ord. 672 § 1, 2006: Ord. 665 § 1, 2006)

17.08.196 Floor area, gross.

"Gross floor area" means all area included in the definition of floor area in Section 17.08.195 of this code plus the following:

1. The floor area of each stairway and/or elevator shaft at each level or story above the lowest floor served;

2. The floor area of any space where any vertical dimension for such space exceeds five feet as measured from the ground level to the lowest face of the structural members in the ceiling;

3. The floor area of all patios, decks, verandahs, loggias, carports, balconies and other similar structures if such area is covered by a roof overhang projecting more than six feet from the exterior walls; and,

4. At every room where the floor to ceiling dimension exceeds fifteen feet, the floor area shall be counted twice. (Ord. 672 § 2, 2006: Ord. 665 § 2, 2006)

17.08.197 Floor area, net.

"Net floor area," as it applies to Section 18.12.060, parking requirements, means all area within the surrounding walls at every floor of the use that the parking serves measured from the outside of exterior walls and the center line of interior walls. (Ord. 672 § 3, 2006: Ord. 665 § 3, 2006)

17.08.200 Garage, private.

"Private garage" means an accessory building or a main building or portion thereof, used for the shelter or storage of self-propelled vehicles, owned or operated by the occupants of a main building and wherein there is no service or storage for compensation. (Ord. 84 § 2.18, 1948)

17.08.210 Garage, public.

"Public garage" means any building, except one defined in this chapter as a private or storage garage, used for the storage, care or repair of self-propelled vehicles, or where any such vehicles are equipped for operation, or kept for hire. (Ord. 84 § 2.19, 1948)

17.08.220 Garage, storage.

"Storage garage" means any building or portion thereof, other than one defined in this chapter as a public garage or private garage, used only for the storage of self-propelled vehicles. (Ord. 84 § 2.20, 1948)

17.08.230 Grading.

"Grading" means any excavation or filling. (Ord. 309 § 1 (part), 1975)

17.08.235 Habitable story.

"Habitable story" shall be defined as a story used in the R-1 or R-M zone for living, sleeping, eating or cooking and as a story used in the C zone for operating an authorized business. (Ord. 496 § 5 (part), 1989)

17.08.240 Kitchen.

"Kitchen" means any room in a building or dwelling unit which is used for cooking or preparation of food. (Ord. 84 § 2.21, 1948)

17.08.245 Lead department.

"Lead department" means the city department coordinating a specific project. (Ord. 529 § 9, 1991)

17.08.250 Lot.

"Lot" means any area or parcel of land under one ownership abutting upon at least one street at the time of adoption of the ordinance codified in this title and Title 18, or any area or parcel of land shown with a separate and distinct number on a subdivision tract map duly recorded at the time of the effective date of the ordinance codified in this title and Title 18. (Ord. 84 § 2.22, 1948)

17.08.260 Lot, corner.

"Corner lot" means a lot located at the junction of two or more intersecting streets having an angle of intersection of not more than one hundred thirty-five degrees, with a boundary line thereof bordering on two of the streets. (Ord. 84 § 2.23, 1948)

17.08.270 Lot, interior.

"Interior lot" means a lot other than a corner lot. (Ord. 84 § 2.24, 1948)

17.08.280 Lot, through.

"Through lot" means an interior lot having frontage on two parallel or approximately parallel streets. (Ord. 84 § 2.25, 1948)

17.08.290 Lot lines.

The boundary lines of a lot are:

1. "Front lot line": The line dividing a lot from the street. On a corner lot only one street line shall be considered as a front lot line, and such front lot line shall be determined by the commission;

2. "Rear lot line": The line opposite the front lot line;

3. "Side lot lines": Any lot lines other than the front lot line or the rear lot line. (Ord. 84 § 2.26, 1948)

17.08.300 Native vegetation.

"Native vegetation" means any existing vegetation capable of maintaining itself without cultivation, artificial irrigation or other intensive maintenance. (Ord. 309 § 1 (part), 1975)

17.08.310 Natural grade.

"Natural grade" means, for the purposes of this chapter, the vertical location of the ground surface prior to any excavation or fill or as approved under Title 16 relating to the subdivision of land. (Ord. 270 § 7, 1970)

17.08.320 Nonconforming building.

"Nonconforming building" means a building which was legal when established, but which because of the adoption or amendment of this title or Title 18 conflicts with the provisions of this title or Title 18 applicable to the district in which such use is located. (Ord. 84 § 2.27, 1948)

17.08.330 Nonconforming use.

"Nonconforming use" means the use of a building or land which was legal when established, but which because of the adoption or amendment of this title or Title 18 conflicts with the provisions of this title or Title 18 applicable to the district in which such use is located. (Ord. 84 § 2.28, 1948)

17.08.340 Occupancy, change of.

"Change of occupancy" means a discontinuance of an existing use and the substitution therefor of a use of a different kind or class. (Ord. 84 § 2.29, 1948)

17.08.350 Occupied.

"Occupied" includes "used," "arranged," "converted to," "rented" or "leased," or "intended to be occupied." (Ord. 84 § 2.30, 1948)

17.08.360 Person.

"Person" includes "association," "company," "firm," "corporation," "partnership," "copartnership" or "joint venture." (Ord. 84 § 2.31, 1948)

17.08.370 Roof.

"Roof" means the solid cover of a building. (Ord. 84 § 2.32, 1948)

17.08.380 Story.

"Story" means the definition contained in the Uniform Building Code adopted by the City of Palos Verdes Estates pursuant to Chapter 15.16 of the municipal code. As used therein, the term "grade" shall mean the adjacent natural grade. (Ord. 646 § 2, 2002: Ord. 84 § 2.33, 1948)

17.08.390 Street.

"Street" means a public or an approved private thoroughfare or road easement which affords the principal means of access to abutting property, but not including an alley. (Ord. 84 § 2.34, 1948)

17.08.400 Structure.

"Structure" means anything constructed or erected and the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, but not including walls and fences less than four and one-half feet in height, when located in front yards, or less than six feet in height when located in side or rear yards, nor other improvements of a minor character. (Ord. 84 § 2.35, 1948)

17.08.410 Structural alteration.

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists or roof joists. (Ord. 84 § 2.36, 1948)

17.08.420 Use.

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either is or may be occupied or maintained. (Ord. 84 § 2.37, 1948)

17.08.430 Used.

"Used" includes "occupied," "arranged," "designed for," or "intended to be used." (Ord. 84 § 2.38, 1948)

17.08.440 Yard.

"Yard" means an open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this title and Title 18, open and unobstructed from ground to the sky. (Ord. 84 § 2.39, 1948)

17.08.450 Yard, front.

"Front yard" means a yard extending across the full width of the lot between the side lot lines and measured between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. (Ord. 84 § 2.40, 1948)

17.08.460 Yard, rear.

"Rear yard" means a yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street it shall meet front yard requirements of the district. (Ord. 84 § 2.41, 1948)

17.08.470 Yard, side.

"Side yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building, or of any accessory building attached thereto. (Ord. 84 § 2.42, 1948)