Chapter 18.06
DEFINITIONS

Sections:

18.06.001    General.

18.06.005    Certain words and tenses.

18.06.010    Definitions.

18.06.001 General.

For the purpose of this title certain terms used herein are defined in this chapter. (Ord. 1680 § 1, 11-14-95; Zoning Ord. § 3-1).

18.06.005 Certain words and tenses.

All words used in the present tense shall include the future tense; all words in the plural number shall include the singular number and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word “lot” indicates the word “plot,” the word “building” includes the word “structures,” and the word “shall” is mandatory and not directory. The word “City” as used herein shall mean the City of Santa Clara, State of California; the words “City Council” shall mean the City Council of the City of Santa Clara, State of California; the words “Planning Commission” shall mean the City Planning Commission of the City of Santa Clara, State of California. (Ord. 1680 § 1, 11-14-95; Zoning Ord. § 3-2; Ord. 2011 § 2, 2-11-20).

18.06.010 Definitions.

(a) “A” definitions:

(1) “Accessory unit” means one additional dwelling unit that includes a single kitchen, sleeping quarters, not more than one bathroom, and not more than two bedrooms on a lot six thousand (6,000) square feet or greater or one bedroom on a lot less than six thousand (6,000) square feet, on a lot with an existing single-family dwelling. The accessory unit may be attached to or part of the existing single-family unit or may be a detached structure and shall meet all other requirements of the Zoning Ordinance, including design compatibility with the main residence in accordance with the City’s design guidelines.

(2) “Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft.

(3) “Alley” means any public thoroughfare, other than a street, that affords only a secondary means of access to abutting property at the rear or sides thereof.

(4) “Apartment” means a room or suite of two or more rooms that is designed for, intended for, and/or occupied by one family doing its cooking therein.

(5) Apartment House. See “Dwelling, multiple.”

(6) “Arcade” means any establishment in which six or more mechanical devices are located and operated as a game, contest, or amusement through the insertion of a coin or token or by the payment of a fee or other consideration.

(7) “Auto dealer” means a commercial business that sells five or more vehicles in a one-year period.

(8) “Automobile wrecking yard” means any use of premises for the conduct of a business whereon two or more vehicles not in operating condition are standing and/or on which used motor vehicles, or parts thereof, are dismantled and/or stored.

(b) “B” definitions:

(1) “Basement” means that portion of a building between floor and ceiling that is partly below and partly above grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from grade to ceiling.

(2) “Basement storage area” means that portion of a building that is, and so long as it continues to be, as follows: complies with “basement” definition, is used solely for automobile parking, mechanical equipment, and/or the storage of goods and merchandise sold at the premises, and is not used as a display and/or sales area.

(3) “Block” means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting street and railroad right-of-way or unsubdivided acreage.

(4) “Boarding house or rooming house” means a dwelling, other than a hotel, where lodging or lodging and meals for two or more persons is provided for compensation.

(5) “Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

(6) “Building, accessory” means a subordinate building, the use of which is incidental to that of the main building on the same lot and/or building site.

(7) “Building, main” means a building in which is conducted the principal use of the lot and/or building site on which it is situated.

(8) “Building, residential” means a building designed or used exclusively for dwelling purposes.

(9) “Building site” means a lot or parcel of land in single or joint ownership, and occupied or to be occupied by a building or buildings, together with such open spaces as are required by the terms of this title and having its frontage on a public street, road, highway, or permanent means of access thereto by way of a City-approved public accessway or thoroughfare for vehicular or pedestrian travel.

(10) “Business block” means frontage in any commercial or industrial district on one side of a street between the two nearest intersecting streets (or between an intersecting street and railroad right-of-way or unsubdivided acreage) fifty percent (50%) or more of which is in use for business or industrial purposes.

(11) “Business, wholesale” means the selling of commodities in large quantities, as to retailers or jobbers rather than to consumers directly, but not including the open storage and/or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

(c) “C” definitions:

(1) (A) “Cannabis” shall be interchangeable with the word “marijuana” for all purposes, and refers to any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, whether in whole or in part, the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant, and every compound, extract, manufacture, salt, derivative, mixture, or preparation of any part of the plant, its seeds, or resin.

(B) “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and/or cannabis products as provided for in Division 10 (“Cannabis”) of the Business and Professions Code, and whether for medical or nonmedical uses.

(2) “Central business area” means that area in the City of Santa Clara whose boundaries are generally described as follows: beginning at the intersection of Benton Street and Lincoln Street and extending easterly on Benton Street to Monroe Street; thence northerly on Monroe Street to Fremont Street; thence easterly on Fremont Street to Alviso Street; thence southerly on Alviso Street to Franklin Street; thence westerly on Franklin Street to Lafayette Street; thence southerly on Lafayette Street to Homestead Road; thence westerly on Homestead Road to Lincoln Street; thence northerly on Lincoln Street to the point of beginning.

(3) “Civic center” means an area developed or to be developed with any of the following public buildings or uses, including offices, libraries, playgrounds, parks, assembly halls, police stations, fire stations.

(4) “Clinic or medical health center” means an establishment where patients are admitted for study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.

(5) “Common area” means that portion of a community ownership project exclusive of the individually owned units.

(6) “Community ownership” means: (i) a joint ownership of land and/or improvements combined with a separate ownership or exclusive right of occupancy of a unit or (ii) an investment apartment complex, which is defined as having separate ownership of at least two contiguous dwelling units per each ownership with all dwelling units to be rental units. The characteristics of the various forms of community ownership are as follows:

(A) “Community apartment” is an interest in real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(B) “Condominium” is an interest in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be (i) an estate of inheritance or perpetual estate, (ii) an estate for life, or (iii) an estate for years, such as a leasehold or subleasehold.

(C) “Investment apartments” is an interest in real property wherein an apartment complex has multiple ownership of contiguous rental dwelling units of at least two contiguous units per each ownership, with all dwelling units in the project to remain rental units. This separate ownership of multiple rental dwelling units is combined with common ownership by the associated unit owners of the land and buildings where such units are located.

(D) “Planned development” is an interest in real property, excluding condominiums, community apartments, and stock cooperatives, having either or both of the following features:

(i) Any contiguous lots, parcels, or areas (hereinafter collectively referred to as “common area[s]”) are owned in common by the owners of the separately owned lots, parcels, or areas. Said common area(s) may consist of areas or facilities; the beneficial use and enjoyment of said common area(s) characteristically are reserved to some or all of the owners of separately owned lots, parcels, or areas.

(ii) Any power exists (A) to enforce any obligation in connection with membership in an owners’ association or (B) to enforce any obligation pertaining to the beneficial use and enjoyment of any portion of, or any interest in, either the separately or commonly owned lots, parcels, or areas by means of a levy or assessment, which may become a lien upon the separately owned lots, parcels, or areas of defaulting owners or members. Said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale.

(E) “Stock cooperative” is a corporation that is formed or availed of primarily for the purpose of holding title to improved real property, either in fee simple or for a term of years, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

(7) Community Ownership Project.

(A) “Community apartment project” means a project containing two or more apartment units in a community apartment, as community apartment is defined hereinabove, and shall include a conversion to such a project.

(B) “Condominium project” means a project containing two or more condominium units, as condominium is defined hereinabove, and shall include a conversion to such a project.

(C) “Investment apartment project” means a project containing at least seventy-five (75) rental units that has been subdivided into multiple blocks of unit ownership of at least two contiguous rental units per ownership block, as investment apartment is defined hereinabove, and shall include a conversion to such a project.

(D) “Planned development project” means a project containing two or more separately owned lot, parcel, or area units in a planned development, as planned development is defined hereinabove, and shall include a conversion to such a project.

(E) “Stock cooperative project” means a project containing two or more units of improved real property held by a stock cooperative, as stock cooperative is defined hereinabove, and shall include a conversion to such a project.

(8) “Conversion” means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for the appropriate type of community ownership project, as defined herein, regardless of the present or prior use of such lands and structures and regardless of whether improvements have been made or are to be made to such structures.

(9) “Court” means an open, unoccupied space, other than a yard, on the same lot with and providing access to a building or buildings and that is bounded on two or more sides by such building or buildings, including the open space in a house court or court apartment.

(d) “D” definitions:

(1) “Developer” (for purposes of Chapter 18.54 SCCC) means the owner or subdivider with a controlling proprietary interest in the community ownership project, or the person or organization making application hereunder.

(2) “District” means a portion of the City within which certain uses of lands, buildings, and/or structures are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for the same, all as set forth and specified in this title.

(3) “Drive-through service facility” means a use involving direct sales or provision of services to occupants of vehicles in areas outside a totally enclosed building.

(4) “Driveway” means a permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport, or other permitted parking space area or loading area.

(5) “Dwelling” means a building or portion thereof, but not including a vessel or boat, house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family or duplex dwelling units, and multiple-family units, but not including hotels, motels, or boarding or lodging houses.

(6) “Dwelling, duplex” means a building designed to provide dwelling units for occupancy by two families living independently of each other.

(7) “Dwelling groups” means a group of two or more one-family, two-family, or multiple dwellings occupying a parcel of land in one ownership and having a yard or court in common, but not including motels.

(8) “Dwelling, multiple” means a building or portion thereof used and designed as a residence for three 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 automobile courts, motels, or boarding houses.

(9) “Dwelling, single-family” means a detached building designed for and/or occupied exclusively by one family.

(10) “Dwelling unit” means a room or group of rooms including living, sleeping, eating, cooking, and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for residential occupancy on a nontransient basis and having not more than one kitchen.

(e) “E” definitions:

(1) “Electric power plants” means all equipment, fixtures, and personal property operated or maintained in connection with the production of electricity using any source of thermal, steam, wind, or solar energy with a generating capacity of more than five hundred (500) kilowatts and less than fifty (50) megawatts, including all conduits, ducts, or other devices, materials, apparatus, or property used or to be used for the transmission of the electricity so produced.

(f) “F” definitions:

(1) “Family” means an individual or group of persons living together as a single housekeeping unit in a dwelling unit, including State or County licensed residence programs which comply with State law. “Family” shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, boarding house, or similar institution.

(2) “Floor area ratio” means the gross floor area of the single-family house divided by the total lot area. Garages and accessory units are included in the gross floor area for the purposes of this title. The floor area includes the sum of all the floors in the main structure measured to the outside surface of the exterior walls. It includes the stairwells at all floors and all areas that are greater than fifty percent (50%) enclosed with walls and covered.

(3) “Fraternity or sorority house” means a residential structure used by a fraternal organization recognized by a school, college, or university as living quarters for its members and for business, meeting, or social activities related to the organization.

(g) “G” definitions:

(1) “Garage or carport” means an accessible, roofed parking space meeting the minimum dimensions set forth in Chapter 18.74 SCCC.

(2) “Garage, private” means a structure designed and/or used for the shelter or storage of vehicles by the occupants of the dwelling, including roofed parking space or carport.

(3) “General plan” means the latest adopted comprehensive long-term plan adopted in accordance with the State planning and zoning law to guide the physical development of the City, including diagrams and text setting forth objectives, principles, standards, and plan proposals.

(4) “Grade (adjacent ground elevation)” means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line, if it is less than five feet distant from said wall. In case a wall is parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the lowest point of elevation of the sidewalk, alley, or public way.

(5) “Gross floor area” means the area computed from the outside dimensions of the building and not excluding corridors and other design features and aggregated for each additional story or mezzanine floor, excluding any basement storage area.

(h) “H” definitions:

(1) “Height of buildings” is a vertical distance from the “grade” to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the highest gable of a pitched or hipped roof.

(2) “Historic landmark” means an individual structure or group of structures on a single lot, a site, an area, a district, or combination thereof, having a special historical, architectural, cultural, or aesthetic value.

(3) “Home occupation” is an accessory use of a dwelling that shall constitute, either entirely or partly, the livelihood of a person living in the dwelling, which use shall meet and be subject to all of the provisions of Chapter 18.100 SCCC, Home Occupations.

(4) “Home for the ambulatory aged” means where the proprietor furnishes lodging and varying degrees of custodial care to persons who are elderly, but are otherwise in good health and ambulatory.

(5) “Hospital” means an institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of its patients for twenty-four (24) hours or more. The term “hospital” as used in this title does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts, or other types of cases necessitating confinement of patients, and the term “hospital” shall not be used for convalescent, nursing, shelter, or boarding homes.

(6) “Hotel, motel, motor hotel, inn, or auto court” means an establishment consisting of one building or a group of attached or detached buildings containing lodging accommodations a majority of which are designed for use by transients, travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meal and beverage service, meeting rooms, incidental merchandise sales, barber and beauty shops, kitchens, and other incidental services and facilities.

(7) “Housekeeping unit” means an individual or group of persons occupying a dwelling unit that has a single kitchen.

(i) Reserved for future use.

(j) “J” definitions:

(1) “Junkyard” means the use of any lot or portion thereof 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.

(k) “K” definitions:

(1) “Kitchen” means any room or space in a building designed, intended, or used for the preparation or cooking of food.

(l) “L” definitions:

(1) “Landscaped areas” means the installation and permanent maintenance of an area with trees, shrubs, lawn, or planted ground cover to present an attractive, well-kept appearance.

(A) Landscaped areas shall not be surfaced in part or whole with concrete, asphalt, or other surface material, but shall contain earth, and may contain organic mulch, inorganic fillers such as wood shavings, bark, volcanic rock, or other similar mulch material.

(B) A portion of such landscaped treatment may consist of decorative planters, stone work, brick work, and the like; any such landscaping treatment shall not exceed three feet in height. Elements of ornamentation such as an archway, piece of statuary, lamp post, and the like, provided as part of the landscaping in a required front or street side yard, may exceed three feet in height.

(C) Each landscaped area shall be surrounded with a six-inch raised concrete curbing or planning division-approved equivalent.

(D) An irrigation system shall be installed and maintained in working order in each separate planter area.

(2) “Legal nonconforming building” means a building or structure that was legally constructed prior to the adoption or amendment of this Code, but does not comply with the current setback, height limit, parking or other requirements for the applicable zoning district.

(3) “Legal nonconforming use” means a use of land and/or a building (either a conforming or nonconforming building) that was legally established and maintained prior to the adoption or amendment of this Code, but does not conform to the current requirements for allowable uses within the applicable zoning district.

(4) “Liquor” refers to spirituous or intoxicating liquor, including wine and beer.

(5) “Lot” means a parcel of land created in accordance with all City ordinances and of at least sufficient size to meet minimum zoning requirements for use, coverage, and area and to provide such yards and other open spaces as herein required. Such parcel shall have frontage on an improved public street.

(6) “Lot area” means the total horizontal square footage contained within the boundaries of a lot.

(7) “Lot, corner” means a lot situated at the intersection of two or more streets, the street frontages of which lot form an interior angle not greater than one hundred thirty (130) degrees and not less than forty-five (45) degrees.

(8) “Lot coverage” means the area of a lot occupied by the principal structure or structures and accessory structures.

(9) “Lot depth” means the horizontal length of a straight line drawn from the midpoint of the lot front line and at right angles to such line to its intersection with a parallel line passing through the midpoint of the lot rear line. In the case of a lot having a curved front line, the lot front line shall be deemed to be a line tangent to the curb and parallel to a straight line connecting the points of intersection of the side lines of the lot with the lot front line.

(10) “Lot frontage” means that boundary of a lot along a public street; for the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under subsection (y) of this section.

(11) “Lot, key” means the first lot to the rear of a reverse lot.

(12) “Lot, reverse corner” means a corner lot the side street of which is substantially a continuation of the front lot line upon which the rear of said reverse corner lot abuts.

(13) “Lot, through” means a lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.

(14) “Lot width” means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard setback; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, when thirty-five (35) feet is permitted.

(15) “Lot line” means a property boundary line of any lot.

(16) “Lot line, front” means on an interior lot, the lot line abutting a street. In the case of a corner lot, it is the line separating the narrowest street frontage of the lot from the street. In the case of corner lots having equal street frontages, it is that property line the prolongation of which creates the front property line for the greatest number of interior lots in the same block.

(17) “Lot line, rear” means the boundary line that is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot or a lot the rear line of which is formed by two or more lines, the following shall apply:

(A) For a triangular lot, it shall be deemed to be a line thirty (30) feet in length within the lot and farthest removed from the front lot line and at right angles to the line that is used to determine the depth of such lot.

(B) For a trapezoidal lot, it shall be deemed to be a line at right angles to the line that is used to determine the depth of such lot and drawn through a point bisecting the boundary most distant from the front lot line and most nearly parallel to the front lot line.

(C) For a lot whose boundary most distant from the front lot line comprises two or more lines, the rear lot line shall be deemed to be that single boundary line that is at least forty (40) feet in length; or, if the above boundary lines are less than forty (40) feet in length, the rear lot line shall be deemed to be that boundary line closest to the front lot line and most nearly parallel to it.

(18) “Lot line, side” is any lot boundary that is not a front line or a rear lot line.

(m) “M” definitions:

(1) “Maintained” means preserved in a condition or state of equivalent quality to that which was approved or required by the City. Unless the context demands otherwise, the term is synonymous and is interchangeable with the term “permanently maintained.”

(2)    (A) “Marijuana” shall be interchangeable with the word “cannabis” for all purposes, and refers to any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, whether in whole or in part, the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant, and every compound, extract, manufacture, salt, derivative, mixture, or preparation of any part of the plant, its seeds, or resin.

(B) “Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and/or cannabis products as provided for in Division 10 (“Cannabis”) of the Business and Professions Code, and whether for medical or nonmedical uses.

(3) “Masonry” means a hard, durable building material such as brick, stone, or concrete (both block and precast), or an equivalent approved by the Director of Community Development.

(4) “Mobile home park” means land or premises used or intended to be used, let, or rented for occupancy by trailers or mobile dwellings, rooms, or sleeping quarters of any kind.

(5) Motel. See “Hotel.”

(6) “Multiple dwelling” means three or more dwelling units forming an apartment, townhouse, condominium, court, or group complex.

(n) “N” definitions:

(1) “Neighborhood recreational enterprise” means a neighborhood recreational enterprise serving a residential neighborhood by exclusive membership derived from the immediate vicinity in which it is located. All revenue will be derived from membership dues or fees. No sale of liquor or other merchandise will be permitted on premises.

(2) “Nonconforming use” means a building, structure, or land occupied by a use that does not conform to the appropriate regulations of this title.

(3) “Nontaxable merchandise” means products, commodities or items the sale of which is not subject to California State sales tax.

(4) “Nursing and convalescent home” means a building and premises for the care of sick, injured, aged, or infirm persons to be housed; or a place of rest for those who are bedfast or needing considerable nursing care, but not including facilities for the treatment of sickness or injuries or for surgical care.

(o) “O” definitions:

(1) “Organization documents” means:

(A) Declaration of covenants, conditions, and restrictions;

(B) Articles of incorporation;

(C) By-laws; and

(D) Any contracts for the maintenance, management, or operation of all or any part of a “community ownership project.”

(2) “Outdoor storage” means the keeping of personal or business property or motor vehicles in a required open parking space or any other area outside of a building for a period of time exceeding seventy-two (72) consecutive hours.

(3) “Outdoor walk-up service facility” means a use involving direct sales or provision of services to pedestrians who line up in areas outside a totally enclosed building.

(4) “Owners’ association” means the nonprofit corporation or association created to own, lease, or provide management, maintenance, preservation, and control of the contiguous or noncontiguous lots, parcels, areas, or improvements owned in common or the lots, parcels, areas, or improvements separately owned, or in which there is a right to exclusive occupancy, or both types of ownership, common and separate, or any portion of or interest in them.

(p) “P” definitions:

(1) “Parking space” means a paved space on the building site meeting the minimum dimensions set forth in Chapter 18.74 SCCC, intended for use for parking of a motor vehicle, and having permanent means of access to and from a public street or alley independent of any other parking space. Said space shall be located on the same lot as the land use serviced, except as set forth in Chapter 18.84 SCCC or except when appropriate legal documents assuring the mutual use of the means of access and/or adjacent parking space are submitted and approved by the Director of Planning and Inspection and the City Attorney and are appropriately recorded.

(2) “Pharmacy, ethical” means a professional pharmacy conducted within and for the convenience of occupants and patrons of a medical building or buildings, which limits the sale of articles to drugs, prescription medicines, surgical and medical supplies, and other health regulated articles.

(3) “Principal use” means the main use of land or buildings as distinguished from a subordinate or accessory use.

(4) “Professional office” means architect, attorney, chiropractor, professional engineer, drafting office, collection agency, dentist, doctor, insurance office, private detective, real estate agency, social worker, or similar use.

(5) “Public building” means a building owned or used by the Federal, State, County, or City government, or any political subdivision, agency, or instrumentality thereof.

(6) “Public open space” means any publicly owned open area, including, but not limited to, the following: parks, playgrounds, golf courses, waterways, parkways, parking lots, and streets.

(7) “Public utility and public service uses” means all those buildings and other facilities employed in the distribution of public utilities, such as communications equipment buildings; electric, gas, and water transmission stations; electrical substations, and the like; but excluding service yards and business offices.

(8) “Public utility service yard” means a facility for the storage of vehicles and material for installation, maintenance, and construction personnel, together with an appropriate office building.

(q) “Q” definitions:

(1) “Quasi-public building” means a building or use that is essentially public in services rendered or involving assemblage of people, although under private ownership by a person, firm, agency, or corporation.

(r) “R” definitions:

(1) “Replacement value” means the current construction cost for replacement of an existing building, structure, or portion thereof, including accessory facilities and other parts of an established use.

(2) Rest Home. See “Nursing home.”

(3) “Restaurant” means a public eating place.

(4) “Retail” means any enterprise involving the on-site transaction or transfer of merchandise to the general public, including but not limited to advertising products as available to the public, and over-the-counter sales.

(s) “S” definitions:

(1) “Sales floor area” means interior building space which is designated for the sale of merchandise, and which does not include restrooms, office space, storage space, automobile service areas or open-air garden sales space. “Sales floor area” shall also include common check stands, management, ownership interest, warehouses and distribution facilities. This definition shall apply to the cumulative total square footage of sales floor area of related or successive permits, such as additions or expansions of a building.

(2) “Sanitarium” means a building and premises in and on which two or more sick, injured, or infirm persons are regularly housed or intended to be housed for compensation, not including hospitals.

(3) “School” means a public or private school, teaching subjects required by the Education Code of the State of California.

(4) “Service station” means a filling station retailing motor fuel and oil to motor vehicles; including grease racks, battery and ignition services, and other accessory sales and services for vehicles, but excluding recapping, steam cleaning, painting, body work, and engine overhaul. The accessory sales and services for vehicles shall include casual sales of bottled or canned soft drinks, cigarettes, and candy bars to customers.

(5) “Solid fence” means a fence constructed of a durable, weatherproof material so that light cannot shine through it.

(6) “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

(7) “Street” means a public thoroughfare, accepted by the City of Santa Clara, that affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, except as an “alley” as defined herein.

(8) “Street line” means the dividing line between a street and the abutting property.

(9) “Structure” means anything constructed or erected, except fences not exceeding six feet in height, the use of which requires location on or under the ground, or attachment to something having location on the ground.

(10) “Structural alterations” means any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

(11) “Superstore” means a business establishment engaged in retail sales to the general public, with a sales floor area that exceeds one hundred fifty thousand (150,000) square feet and that designates more than fifteen percent (15%) of the total sales floor area to the sale of nontaxable merchandise. Discount club stores, where users pay a membership fee in order to shop, containing a wide variety of items such as food, clothing, tires and appliances, and selling many items in large quantities or bulk, are exempted from the definition of “superstore.”

(12) “Supportive housing” means housing with no limit on the length of stay, that is occupied by persons with disabilities, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, thereby improving the resident’s health status, and maximizing his or her ability to live and, when possible and applicable, work in the community.

(13) “Swimming pool” means a swimming pool, wading pool, fish pond, or other outside body of water created by artificial means that has any depth in excess of eighteen (18) inches, whether above or below grade, and whether intended to be temporary or permanent in nature.

(t) “T” definitions:

(1) “Tavern or lounge” means a building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food.

(2) “Transitional housing” means a building or buildings configured as rental housing, but operated under program requirements that call for termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that is not less than six months after the initial occupancy.

(u) “U” definitions:

(1) “Unit” means the element of a condominium project that:

(A) Is not owned in common with the owners of other condominiums in the project;

(B) Is an apartment in a community apartment project to which the occupant has the right of exclusive occupancy;

(C) Is the lot, parcel, or area owned separately in a planned development project; or

(D) Is a portion of improved real property in a stock cooperative project of which title is held by a corporation and in which a shareholder of said corporation receives a right of exclusive occupancy to said portion of improved real property.

(2) “Use” means the purpose for which land, premises, or a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

(3) “Use, accessory” means a use incidental to the principal use of a lot or a building located on the same lot.

(v) Reserved for future use.

(w) “W” definitions:

(1) Walk-up (Outdoor). See “Outdoor walk-up service facility.”

(x) Reserved for future use.

(y) “Y” definitions:

(1) “Yard” means an open space other than a court, on the same lot with a building, which open space is unoccupied and unobstructed, except as otherwise permitted in Chapter 18.62 SCCC.

(2) “Yard, front” means a yard extending across the full width of the front portion of the lot and measured from the front line of the lot to the nearest line of the building wall; provided, that if any building line or official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such building line or official plan line to the nearest line of the building.

(3) “Yard, side” means a yard between the side line of the lot and the nearest wall of the building and extending from the front yard of the lot to the rear yard.

(z) Reserved for future use. (Ord. 1680 § 1, 11-14-95; Ord. 1786 § 1, 11-4-03; Ord. 1843 § 1, 5-5-09; Ord. 1865 § 1, 10-12-10; Ord. 1888 §§ 1, 2, 8-16-11; Ord. 1891 §§ 1, 2, 8-30-11; Zoning Ord. § 3-3; Ord. 1935 §§ 1, 2, 1-13-15; Ord. 1968 §§ 1, 2, 8-22-17; Ord. 1973 § 1, 11-21-17; Ord. 2011 § 3, 2-11-20; Ord. 2018 §§ 1, 2, 5-12-20).