Chapter 17.07
DEFINITIONS*
Sections:
17.07.010 Definitions.
17.07.010 Definitions.
Words, phrases and terms used in this code have the meaning assigned to them by the Director of Community Development. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word “shall” is mandatory; the word “may” is permissive.
“Abut” shall mean two (2) adjoining parcels of property with a common property line, including two (2) or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way. “Adjacent” or “contiguous” shall mean the same as abutting.
“Access” or “access way” shall mean the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this development code.
“Accessory use” shall mean a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
“Adult” shall mean a person who is eighteen (18) years of age or older.
“Adult bookstore” shall mean an establishment that devotes more than fifteen (15) percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen (15) percent of the total floor area of the establishment to the sale of adult only books and periodicals.
“Adult cabaret” shall mean a nightclub, bar, theater, restaurant or similar establishment which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
“Adult hotel or motel” shall mean a hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
“Adult motion picture arcade” shall mean any place to which the adult public is permitted or invited where coin or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation of patrons.
“Adult motion picture theater” shall mean an establishment, with the capacity of fifty (50) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
“Adult tanning salon” shall mean a business establishment where patrons receive tanning services in groups of two (2) or more and where patrons, employees, or independent contractors thereof of the establishment expose specified anatomical areas. “Adult tanning salon” or “parlor” shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose “specified anatomical areas.” An “adult tanning salon” or “parlor” shall also include a business establishment where the employees or independent contractors thereof are nude or expose “specified anatomical areas.”
“Adult novelty store” is an establishment having, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate, “specified anatomical areas,” or “specified sexual activities,” or goods which are designed to be placed on or in “specified anatomical areas,” or to be used in conjunction with “specified sexual activities,” to cause sexual excitement, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas.
“Alley” shall mean any highway as defined in Chapter 12.08 of the Santa Clarita Municipal Code, having a width of less than twenty-six (26) feet, not provided with a sidewalk or sidewalks.
“Ambient level” shall mean that general noise level in the area at the given time.
“Amphitheater” shall mean an unroofed or partially enclosed building or structure used for public assembly and/or entertainment, including sports events, theatrical performances, concerts and recitals, circuses, stock shows, and conventions. Amphitheater includes stadium, sports arena, and outdoor theater, but shall not include an entertainment park or its accessory buildings or structures.
Anatomical Areas. See “Specified anatomical areas.”
Animal Breeding. See “Kennel.”
“Antenna” typically means a metallic device used in communications which transmits or receives radio signals.
“Antenna equipment” means a cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna.
“Antenna height” means the vertical distance from the existing or proposed grade, whichever is lower to the top of the antenna or its support.
“Antique” shall mean a work of art, piece of furniture, or decorative object made at an earlier period and at least fifty (50) years in age.
“Antique shop or store” shall mean a store which sells or consigns to sell items which are by their style, design or use commonly considered to be of another era or age, and a collectible, and of heirloom quality. These items shall be in proper working order or restored to working condition. Secondhand or thrift items are not considered antiques.
“Apartment” shall mean a dwelling unit in an apartment house.
“Apartment house” shall mean a building containing three (3) or more dwelling units, designed for occupancy by three (3) or more families living independently of each other.
“Approved” or “approval by the City” in reference to an application for a building permit, shall mean the City’s issuance of a building permit authorizing construction of a residential development.
“Approved” or “approval by the City” in reference to an application for a residential planned development permit, shall mean the approval or conditional approval of such a permit by the Commission, or, if the Commission denies approval of any such permit, or conditionally approves such permit but the imposition of one or more conditions attached to such approval is appealed, the approval or conditional approval of any such permit by the Council.
“Approved testing agency” shall mean a facility which spends the majority of its time in the field of applied soil mechanics and foundation engineering; which is equipped to perform and certify the tests and procedures required in this division; and which operations are conducted under the responsible supervision of a registered civil engineer.
“Architectural treatment” shall include any parapet, projection, cornice, screen wall, etc., that is used to provide articulation when breaking up building massing. Signs shall not be considered an architectural treatment and must be designed in accordance with this code.
“Area of benefit” shall mean a specified area wherein it has been determined that the real property located therein will benefit from the construction of a bridge and/or major thoroughfare.
“Area of special flood hazard” shall mean the land in a floodplain, as identified by the Flood Insurance Rate Map (FIRM) of Los Angeles County, subject to a one percent or greater chance of flooding in any given year.
“As graded” shall mean the surface configuration upon completion of grading.
“Attached” shall mean any building or structure that has a wall or roof in common with another building or structure.
“Attic” shall mean that part of a building that is immediately below and wholly or partly within the roof framing and not accessed by permanent fixed stairs, ladders or other such equipment from the floor below.
“Barnyard animal” shall mean animals including, but not limited to, cows, horses, ducks, goats, chickens, donkeys, sheep, llamas, turkeys, pigs and alpacas.
“Base or underlying zone” shall mean the primary zone established on the official zoning map of the City as an alpha symbol on the property or lot. All requirements of the base zone must be met in addition to any overlay zone and special uses and conditions of this development code.
“Basement” shall be defined as a story, whether partly or completely underground. When calculating the number of stories of a structure, a basement shall be counted when greater than one-half (1/2) of any given side is above grade. When calculating height of a structure, measurement shall be taken from the lowest point of the building to the highest and shall always include any exposed portion of a basement.
“Bedrock” shall mean the relatively solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, and/or soil.
“Bench” shall mean a level area that interrupts a slope, constructed for such purpose as to retain or limit rock falls, to provide working surfaces or access and to control erosion.
“Borrow” shall mean earth material acquired from an off-site location for use in grading on a site.
“Borrow pit” shall mean any place on a lot or parcel of land where dirt, soil, clay, decomposed granite or other similar material is removed by excavation or otherwise for any purpose other than surface mining operations or a grading project, off-site transport.
“Bridge facility” shall mean any crossing for a highway or local road, involving a railway, freeway, stream or canyon, which is required by the General Plan in order to accommodate new urban development within the area of benefit.
“Buildable area” shall mean a legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this development code, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.
“Building” shall mean anything constructed having a roof supported by columns or walls for the purpose of housing, shelter or enclosure.
“Building-mounted” means mounted to the side of a building, to the facade of a building or to the side of another structure such a water tank, church steeple, freestanding sign or similar structure, but not to include the roof of any structure.
“Building site” shall mean that portion of the lot or parcel of land upon which the building and appurtenances are to be placed, or are already existing, including adequate areas for sewage disposal, clearances, proper drainage, appropriate easements and, if applicable, the requirements of other ordinances.
“Building or structure pre-existing legal due to standards” shall mean any primary or accessory building or structure that was legally established and in compliance with all applicable ordinances and laws at the time the ordinance codified in this title or any amendment thereto became effective, but which, due to the application of this development code or any amendment thereto, no longer complies with all the applicable standards of development in the zone in which it is located.
“Building official” shall mean the Director of Community Development or the duly appointed person in charge of the administration of the building code.
“Building site” shall mean that portion of the lot or parcel of land upon which the building and appurtenances are to be placed, or are already existing, including adequate areas for sewage disposal, clearances, proper drainage, appropriate easements and, if applicable, the requirements of other ordinances.
“Cabaret” shall include any establishment which provides any entertainment and/or activity described in the aforesaid rules and regulations, whether or not alcoholic beverages are dispensed.
“California Coordinate System” shall mean the coordinate system as defined in Sections 8801 through 8819, inclusive, of the California Public Resource Code. The specified zone for the City of Santa Clarita is “Zone 5” of CCS83 and the official datum is the “North American Datum of 1983.”
“Campground” shall mean a lot or parcel of land designed or used for tent camping, including picnic areas, but excluding any structures for permanent human occupancy.
“Canopy” shall mean a small roof or awning attached to the wall of a structure which is supported by no means other than its attachment to the wall.
“Caretaker” shall mean a person residing on the premises of an employer and who is receiving meaningful compensation to assume the primary responsibility for the necessary repair, maintenance, supervision or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land.
“Carport” shall mean any structure or portion of a building or structure open on three (3) sides, other than an attached or detached garage, used to shelter vehicles, in addition to, and not a replacement for, a garage.
“Centerline” of any highway shall mean the centerline established by the County Engineer for any proposed or dedicated public way which, in whole or in part, is included in any such highway. Said establishment centerlines are those shown on a series of maps entitled County Surveyor’s Maps or County Surveyor’s Field Maps on file in the office of the County Engineer, except that where two (2) or more such centerlines are shown on any map in said series of maps, the centerline labeled “proposed centerline” is deemed to be the centerline of the highway.
“Certificate of compliance” shall mean a document describing a unit or contiguous units of property and stating that the property complies with applicable provisions of the State Subdivision Map Act and City ordinances enacted pursuant thereto.
“City” shall mean the City of Santa Clarita, a municipal corporation.
“City engineer” shall mean the Director of Community Development or the duly authorized representative(s).
“City Surveyor” shall mean City Engineer.
“Civil Engineer” shall mean a professional engineer registered in the State to practice in the field of civil engineering.
“Clearing, brushing and grubbing” shall mean the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means.
“Clinic” shall mean a place for medical services to patients human or animal not involving the overnight housing of patients.
“Club” shall mean an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render a service as a business for profit.
“Cluster development” shall mean the concentration of dwelling units on a portion or portions of a lot or parcel of land resulting in the remainder of said lot or parcel being free of buildings or structures, as opposed to development spread throughout the entire lot or parcel. Such development shall be accomplished by computing density on a project level rather than a parcel-by-parcel basis, and by the use of smaller lots than are customarily permitted in the zone in which the development is proposed, while retaining the remaining portion of such lot or parcel in permanent open space.
“Coffee shop” shall mean a completely enclosed restaurant facility wherein the customers are served at a counter and/or tables.
“Co-location” means the locating of wireless communications equipment from more than one provider on a single building-mounted, roof-mounted or ground-mounted wireless communication facility.
“Commercial handbill” shall mean any handbill which is distributed for the purposes of advertising for sale goods, wares, merchandise or services, or any other commercial activity; however, for the purposes of this part, “commercial handbill” means and includes the distribution or circulation of samples of goods, wares, and merchandise.
“Commission” shall mean the Planning Commission of the City of Santa Clarita.
“Community apartment” shall mean a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon.
“Compaction” shall mean the densification of a fill by mechanical or other acceptable means.
“Condominium” shall mean an estate 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.
“Condominium conversion” shall mean the conversion of rental units, residential, commercial, or industrial units into a condominium project.
“Construction” shall mean and include preliminary studies, design, acquisition of right-of-way, administration of construction contracts, and actual construction.
“Contiguous parcel of land” shall mean those units of land which border or abut each other on any side, and which are shown as such on the latest equalized assessment reveal of the County of Los Angeles. Land shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way.
“Council” shall mean the City Council of the City of Santa Clarita.
“County” shall mean the County of Los Angeles.
“County Recorder” shall mean the County Recorder of the County of Los Angeles.
“Crawl space” shall mean the space between bare soil and the underside of the first floor or basement of a structure. Crawl spaces shall not exceed a height of four (4) feet. In cases where the height exceeds four (4) feet, the area shall be considered a basement.
“Cul-de-sac” shall mean a street which is designed to remain permanently closed at one end. For the purpose of this title, the length of a cul-de-sac shall be measured along the centerline of the cul-de-sac from the point where the centerline terminates within the turnaround to the right-of-way line of the street with which the cul-de-sac intersects.
“Customer service area” shall mean the area within a facility where patrons and/or customers of the facility are provided service and includes fixed and non-fixed seating areas, waiting areas, and any other areas where customers are served. It excludes bathrooms and areas off limits to patrons.
“Cut slope (face)” shall mean any bank or slope that has been created by removing material below the pre-existing ground surface.
“Day spa” means a facility providing facials masks, waxing, non-erotic massage and other similar beauty treatment without overnight service.
“Density” shall mean the total number of dwelling units permitted on a gross acre of land exclusive of all existing public or private streets and right-of-way.
“Design engineer” shall mean the civil engineer responsible for the preparation of the plans for the grading work.
“Developer” shall mean a person, firm, corporation, partnership or association, or a combination thereof, who proposes development.
“Development” shall mean 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.
“Development project” shall mean any project undertaken for the purpose of development. Development project includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.
“Director” shall mean the Director of Community Development of the City of Santa Clarita or duly authorized representative(s).
“Domestic animal” shall mean an animal which is commonly maintained in residence with man.
“Dormitory” shall mean a building intended or used principally for sleeping accommodations, where such building is related to an educational institution.
“Driveway” shall mean a paved (or unpaved in the Special Districts of Placerita and Sand Canyon and lots over a quarter acre) path of travel, connecting a public or private street to a garage, carport, accessory structure, side yard, or the same/adjacent public or private street.
“Earth material” shall mean any rock, natural soil, or fill, and/or any combination thereof.
“Efficiency apartment” shall mean a dwelling unit of not more than one (1) room in addition to a kitchen and bathroom and containing no separately walled-in bedroom area.
“Employee” shall mean a person who works or performs in and/or for an adult business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and regardless of technical status as employee or independent contractor.
“Enclosed patio” shall include any improvement or addition which encloses an existing open air structure with the intention of expanding the floor area of the residence.
“Engineering geologic report” shall mean a report prepared under the supervision of an engineering geologist providing a geologic map of a site, information on geologic measurements and exploration performed on the site and surrounding area and providing recommendations for remedial measures necessary to provide a geologically stable site for its intended use.
“Engineering geologist” shall mean a geologist certified by the State to practice engineering geology.
“Engineering geology” shall mean the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil work.
“Environmental document” shall mean an environmental impact report or a negative declaration.
“Erosion” shall mean the process by which the ground surface is worn away as a result of the movement of wind, water and/or ice.
“Erosion control system” shall mean any combination of desilting facilities, retarding basins and erosion protection, including effective planting and the maintenance thereof, to protect adjacent private property, watercourses, public facilities and receiving waters from the deposition of sediment or dust.
“Escort” shall mean a person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
“Escort agency” shall mean a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip, or other consideration.
“Excavation” shall mean any act by which soil, sand, gravel, or rock is cut into, dug, quarried, uncovered, removed or relocated, and shall include the conditions resulting therefrom.
“Explosive” shall mean any substance or combination of substances that is commonly used for the purpose of detonation and which, upon exposure to external force or condition, is capable of a relatively instantaneous release of gas and heat. These terms shall include, but shall not be limited to, the following:
1. Substances determined to be Class A and Class B explosives, as classified by the United States Department of Transportation;
2. Nitro carbo nitrate substances (blasting agent), as classified by the United States Department of Transportation;
3. Any material designated as an explosive by the State Fire Marshall;
4. Certain Class C explosives, as designated by the United States Department of Transportation, when listed in regulations adopted by the State Fire Marshall.
The term “explosive” shall not include the following:
a. Small arms ammunition of 0.75 caliber or less when designated as a Class C explosive by the United States Department of Transportation;
b. Fireworks regulated under Part 2 (commencing with Section 12500) of Division 11 of the Health and Safety Code.
“Extended-stay motel” shall mean and include any building containing six (6) or more guest rooms intended or designed to be used, or which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation, including but not limited to such facilities as refrigerators, stoves and ovens.
“Family” shall mean one (1) or more individuals living together as a single housekeeping unit in a single dwelling unit. Family shall also mean the persons living together in a licensed “residential facility” as that term is defined in California Health and Safety Code Section 1502(a)(l), which services six (6) or fewer persons, excluding staff.
FAR. See “Floor area ratio.”
“Fault” shall mean a fracture in the earth’s crust along which movement has occurred. A fault is considered active if the movement has occurred within the past eleven thousand (11,000) years (Holocene geologic time).
“Fee” shall mean a monetary action, other than a tax or special assessment, which is charged by the City to the applicant in connection with approval of a development project for the purpose of defraying all or portions of the cost of park facilities related to the park development project but does not include fees specified under the City’s Subdivision Parkland Dedication ordinance, Subdivision Map Act of the State of California (Section 66477 of the Government Code), fees for processing applications for governmental regulatory action approvals, or fees collected under development agreements adopted pursuant to Article 2.5 of Chapter 4 of the Government Code (commencing with Section 65864).
“Field engineer” shall mean the civil engineer responsible for performing the functions as set forth in this code.
“Figure modeling studio” shall mean any establishment or business which provides for members of the public the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing, or other pictorial form.
“Fill” or “embankment” shall mean a deposit of soil, sand, gravel, rock, or other material placed by artificial means.
“Floor area (gross)” shall mean the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls excluding exterior balconies and porches. Floor area shall not include interior parking spaces, loading spaces for motor vehicles, any space where the floor-to-ceiling height is less than six (6) feet, vertical shafts and attics and mechanical penthouses provided there are no usable rooms, no windows and the mechanical penthouse area is used exclusively for mechanical equipment. Floor area shall include any area used for storage and, for auto repair uses, any work area, or related facility, where vehicles are serviced and repaired.
“Floor area ratio” shall mean the ratio of floor area to lot area. Indoor recreational facilities, parking structures, subterranean and semi-subterranean garage areas shall be excluded from this ratio.
Frontage, Building. “Building frontage” shall mean the exterior building wall of a ground floor business establishment on the side or sides of the building fronting and or oriented toward a public street, highway or parkway. Building frontage shall be measured continuously along said building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall.
Frontage, Street or Highway. “Street or highway frontage” shall mean that portion of a lot or parcel of land which borders a public street, highway or parkway. Street or highway frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway or parkway.
“Garage” shall mean a detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles. Garages shall have twenty (20) feet by twenty (20) feet of interior space unobstructed by appliances, including, but not limited to, refrigerators, freezers, washers, dryers and water heaters.
“Gate” shall mean any barrier across a roadway that restricts the access of vehicles. For purposes of gating, a roadway shall also mean driveways.
“General Plan” shall mean the General Plan of the City of Santa Clarita, and shall consist of the General Plan maps and text adopted by the City Council.
“Geohydrology” shall mean all groundwater, information, well development requirements and seepage evaluations appropriate to site development.
“Geologist” shall mean a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under provisions of the Geologist and Geophysicist Act of the Business and Professions Code.
“Geotechnical report” shall mean a report which contains all appropriate soil engineering, geologic, geohydrologic, and seismic information, evaluation, recommendations, and findings. This type report combines both engineering geology and soil engineering reports.
“Grade” shall mean the vertical elevation of the ground surface.
1. “Existing” or “natural grade” shall mean the ground surface prior to grading.
2. “Finish grade” shall mean the final grade of the site which conforms to the approved plans.
3. “Rough grade” shall mean the stage at which the grade approximately conforms to the approved plan.
“Grading” shall mean any process of excavation or fill or combination thereof.
“Grading contractor” shall mean a contractor licensed and regulated by the State who specializes in grading work or is otherwise licensed to do grading work.
“Gross area” shall mean the total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel. Existing public or private streets and easements shall not be counted toward gross area.
“Ground-mounted” means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna. These antennas do not use a building or ancillary structures for mounting purposes.
“Guesthouse” is a detached accessory building located on the same property as a legal single-family dwelling unit, providing temporary living quarters for the use by occupants of the main residence or temporary guests of the occupants of the primary dwelling unit. Such quarters may have a bath and toilet facilities but no kitchen facilities and may not be rented or otherwise used as a separate dwelling. Similar detached accessory buildings, such as pool houses, recreation/game rooms, home offices, and personal gyms are considered to be guesthouses.
“Handbill” shall mean a printed (“printed” includes all forms of reproduced writing) paper or circular, which is circulated or distributed, other than by United States mail, for the purpose of advertising goods, wares, merchandise or services, or soliciting orders for such; handbill does not include newspaper. For the purposes of this subsection, “newspaper” means a periodical published primarily for the dissemination of news and intelligence of a general character.
“Height” shall mean the vertical dimension from the finish grade or lowest point of the building, structure or wall exposed above the ground surface, whichever is lower, to the highest point of the roof, parapet wall or uppermost part. Vents or utility service structures shall not be included in the measurement of vertical dimensions.
“Highway” shall mean a street shown as a freeway, major, primary or secondary highway on the General Plan of the City.
“Holiday sales” shall mean the temporary use of outdoor areas for the purpose of selling seasonal products such as Christmas trees and pumpkins.
“Individual viewing area” shall mean a viewing area designed for occupancy by one person. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.
“Indoor play facility” includes recreational activity area(s) for children conducted within an enclosed building operated as a business and open to the public for a fee and includes gymnasium-style play space with soft playground equipment (bounce gyms, inflatable slides, etc.) and/or combination modular play systems for sports and activities, participatory games, climbing walls, tunnels, slides, etc. Birthday parties, promotional and/or special events shall be considered as an accessory use to the indoor entertainment play facility.
“Keyway” shall mean an excavated trench into competent earth material beneath the toe of the proposed fill slope.
“Kitchen” shall mean any habitable space which includes a refrigerator and an oven or a range.
“Landscape architect” shall mean a landscape architect registered by the State of California under the provisions of Division 3, Chapter 3.5 of the Business and Professions Code.
“Land development permit” shall mean any approval of development or use of property including but not limited to a minor use permit, conditional use permit, adjustment, variance, development review or subdivision.
“Landslide” shall mean the downward and outward movement of soil, sand, gravel, rock or fill or a combination thereof.
“Large animal” shall mean any animal that weighs three hundred (300) pounds or more.
“Legal lot” shall mean:
1. A parcel of real property shown as a delineated parcel of land with a number or letter designation, on a subdivision map or parcel map recorded in the office of the County Recorder and created in conformance with the State Subdivision Map Act;
2. A parcel of real property shown on a recorded record of survey map, lot division plat or other official map filed in the office of the County Recorder or County Engineer, when such map or plat was filed as the result of and was made a condition of a lot division approved by the County of Los Angeles under the authority of prior or existing County ordinances;
3. Any parcel of real property which existed as a separate parcel on or before March 4, 1972, as evidenced by a valid deed recorded on or before that date;
4. A parcel of real property described in a recorded certificate of compliance, approved and filed by the City of Santa Clarita in the County of Los Angeles in accordance with the State Subdivision Map Act and County or City development code.
“Legal nonconforming structure” shall mean a structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district.
“Legal nonconforming use” shall mean a use or activity that was lawful prior to the adoption, revision, or amendment of this code but that fails by reason of such adoption, revision, or amendment to conform to present requirements of the zoning district.
“Library facilities” means public library improvements and public library services and community amenities, the need for which is directly or indirectly generated by a residential development project, including but not limited to acquiring, through purchase, lease, lease-purchase, installment purchase or otherwise, improving, constructing, altering, repairing, augmenting, equipping and furnishing real property, buildings, equipment, materials and other facilities for the conduct of public library services and programs; providing collection development and maintenance, including acquiring books, magazines, newspapers, audio-visual, electronic media, and other informational materials; and all other auxiliary work which may be required to carry out that work, such as administrative, engineering, architectural and legal work performed in connection with establishing, implementing and monitoring such projects, indirect costs, and other incidental expenses of providing those library facilities, or all or any combination thereof.
“Licensed bed” shall mean a bed for which a hospital holds a license to operate by the State of California Office of Statewide Health Planning and Development (OSHPD).
“Line” shall refer to horizontal location of the ground surface.
“Loading space” shall mean an off-street space or berth used for the loading or unloading of commercial vehicles.
Loft. See “Mezzanine.”
“Lot” shall mean:
1. A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder; or
2. A parcel of real property delineated on an approved record of survey, parcel map or subdivision map as filed in the office of the County Recorder or in the office of the Community Development Department, and abutting at least one public street or right-of-way or easement determined by the City Engineer to be adequate for the purpose of access; or
3. A parcel of real property abutting at least one public street or right-of-way or easement determined by the City Engineer to be adequate for the purpose of access and held under separate ownership from abutting property prior to February 1, 1972.
Lot, Corner. “Corner lot” shall mean a lot located at the intersection or interception of two (2) or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an “interior lot.”
“Lot coverage” shall mean the ratio between the ground floor area of the building or buildings and the net area of the lot, exclusive of the ultimate street right-of-way.
“Lot depth” shall mean the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot, Flag. “Flag lot” shall mean a lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing vehicular access to the lot. The required front, side and rear yards shall be established on the main portion of a flag lot exclusive of the access strip. In addition, the access strip shall be maintained clear except for driveways, landscaping, fences or walls, which shall be subject to the same requirements for setbacks on adjoining properties fronting the same street, highway or parkway.
Lot, Interior. “Interior lot” shall mean a lot other than a corner lot.
“Lot line” shall mean any line bounding a lot as herein defined.
“Lot line adjustment” shall mean a minor shift or rotation or alteration of existing lot lines or property lines between two (2) or more existing legal lots where land taken from one parcel is added to another, where a greater or lesser number of lots than originally existed is not created, and where the area of no lot involved is increased or decreased by more than twenty (20) percent, provided the lot line adjustment is approved by the City Engineer.
Lot Line, Front. On an interior lot, the “front lot line” is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specifies another line as the front lot line. On a through lot or a lot with three (3) or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the Director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of the development code. On a private street or easement, the front lot line shall be designated as the edge of the easement.
Lot Line, Interior. “Interior lot line” shall mean a lot line not abutting a street.
Lot Line, Rear. “Rear lot line” shall mean a lot line not abutting a street, which is opposite and most distant from the front lot line. In the case of an irregular-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet. A lot which is bounded on all sides by streets may have no rear lot line.
Lot, Reverse Corner. “Reverse corner lot” shall mean a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.
Lot Line, Side. “Side lot line” shall mean any lot line not a front lot line or rear lot line.
Lot, Through. “Through lot” shall mean a lot having frontage on two (2) dedicated parallel or approximately parallel streets.
“Lot width” shall mean the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
“Lumber store” shall mean a store where lumber is stored within an enclosed building.
“Lumber yard” shall mean a lot used to store or prepare lumber for sales or pick-up outdoors.
“Major thoroughfare” shall mean those roads designated in the transportation element of the General Plan, the primary purpose of which is to carry through traffic and provide a network connecting to the State highway system.
“Massage parlor” shall mean any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “specified sexual activities,” or where any person providing such treatment, manipulation, or service related thereto, exposes “specified anatomical areas.” The definition of “adult business” regarding the “practice of massage” does not apply to any licensed physician, surgeon, chiropractor or osteopath office, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
“Massage therapy” shall mean any licensed business that provides massage therapy as a medical or recreational use not in conjunction with a use listed in the adult business ordinance.
“May” will mean permissive.
“Mezzanine” shall mean an intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total of any such mezzanine floor exceeds thirty-three and one-third (33-1/3) percent of the total floor area in that room, it shall constitute a story. A clear height above or below a mezzanine floor shall not be less than seven (7) feet.
“Minor land division” shall mean a subdivision creating four or less parcels, a condominium project creating four (4) or less condominiums as defined in Section 783 of the Civil Code, a community apartment project containing four (4) or less parcels or a lease project containing four (4) or less building sites.
“Mobilehome” shall mean a movable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy for one family and having no foundation other than jacks, piers, wheels or skirtings.
“Mobilehome unit space” shall mean a plot of ground within a mobilehome park designed for the accommodation of one mobilehome unit.
“Monopole” means a structure composed of a single spire used to support antennas or related equipment.
“Mounted” means attached or supported.
“Mural” shall mean any graphic image, drawing or painting or pattern covering in total or part of a building wall, window or other architectural feature, whose purpose is primarily intended as art. Murals shall not contain name brands, branding or direct advertising unless directly related to an historic or cultural use which the mural is intended to memorialize. Murals are encouraged to promote recognition of cultural and historic events and activities.
“Natural grade” shall mean the vertical location of the ground surface prior to any excavation or fill.
“Natural vegetation” shall mean the native plants, grasses, shrubs, and trees and roots thereof having the characteristic of intercepting, holding, and more slowly releasing rainfall than bare earth surfaces.
“Net acre” shall mean all land within a given area or project including residential lots, and other open space which directly serves the residents of the net acre; but exclusive of all public or private streets and other easements.
“Noncommercial handbill” shall mean any handbill other than a commercial handbill.
“Nonconforming structure or building” shall mean a structure or building the size, dimensions, or location of which violates the provisions of this development code and for which a permit for its construction was not obtained. See also “Legal nonconforming structure.”
“Nonconforming use” shall mean a use or activity which violates the provisions of this development code and for which a permit was not obtained. See also “Legal nonconforming structure.”
“Nude or state of nudity” shall mean the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast.
“Operator” shall mean and include the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
“Outdoor storage” shall mean the keeping, outside of a building, of any goods, material, merchandise or vehicles in the same place for more than seventy-two (72) hours.
“Owner” shall mean any person, agency, firm or corporation having a legal, possessory or equitable interest in a given real property.
“Pad” shall mean a building site prepared by artificial means including grading, excavation, filling or any combination thereof.
“Parcel of land” shall mean a contiguous quantity of land, in the possession of or owned by, or recorded as the property of the same claimant or person.
“Parks and recreation facilities” shall mean construction of new park and recreational facilities, improvements to existing park and recreation facilities, public services provide thereon, and community amenities provided thereto.
“Passive use common area” shall mean privately held land within subdivisions that has been set aside for passive open space purposes. That land shall be permanently preserved as open space. Within such passive open space areas, the only uses that shall be permitted are improved trails and appurtenant facilities.
“Permitted or licensed premises” shall mean any premises that requires a license and/or permit and that is classified as an adult business.
“Permittee” shall mean any person or owner to whom a permit is issued pursuant to this code.
“Person” shall mean any natural person, partnership, firm, corporation, governmental agency or other legal entity, and the plural as well as the singular, but does not include the City of Santa Clarita.
“Precise grading permit” shall mean a permit that is issued on the basis of approved plans which show the precise locations of structures, finished elevations, drainage details and all on-site improvements on a given property.
“Predominant” shall mean the most frequently occurring residential setback or design characteristic along both sides of the road frontage from intersection to intersection (or block face).
“Pre-existing legal building” shall mean a building or portion thereof which was legal when established but which does not conform to the provisions of this development code.
“Pre-existing legal use” shall mean a use legal when established but which does not conform to the provisions of this development code.
“Preliminary grading permit” shall mean a permit that is issued on the basis of approved plans which show finished elevations, interim building pad elevations and drainage to the degree required by the City Engineer.
“Private viewing area” means an area or areas in an adult business designed to accommodate no more than five (5) patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.
“Protected zone” shall mean a specifically defined area totally encompassing an oak tree within which work activities are strictly controlled. Using the dripline as a point of reference, the protected zone shall commence at a point five (5) feet outside of the dripline and extend inward to the trunk of the tree. In no case shall the protected zone be less than fifteen (15) feet from the trunk of an oak tree.
“Public building” shall mean any building owned, leased or held by the United States, the State, the County, the City, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used for governmental purposes.
“Public park” or “recreation area” shall mean public land which has been designated for park, recreational, or art activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of the City Department of Parks, Recreation and Community Services, or homeowner’s association.
“Recreational vehicle” shall mean a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.
References. Unless indicated otherwise, references in this code to civil engineer, soil engineer, geologist, landscape architect and engineering geologist refer to the professional person(s) preparing, signing or approving the project plans and specifications which comprise the approved grading or landscape-irrigation plan, or his successor.
“Regular and substantial course of conduct” shall mean:
1. Devoting more than fifteen (15) percent of total display area to the display of sex-oriented merchandise or sex-oriented material; or
2. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any ten (10) or more separate or consecutive days within any thirty (30) day period; or
3. Deriving at least fifty (50) percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
“Religious institution” shall mean any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities.
“Removal” shall mean the physical removal of a tree or causing the death of a tree through damaging, poisoning or other direct or indirect action.
“Residential development” shall mean the construction or installation of one or more multiple-family dwelling units pursuant to a building permit or residential planned development permit.
“Residential zone” or “residential use” shall mean property which is zoned or approved for or used as a residential use and/or single-family house, duplex, townhouse, multiple-family dwelling(s), or mobile home park or subdivision, and campground, recreational trailer park, or travel trailer park.
“Retaining wall” shall mean a wall designed to resist the lateral displacement of soil or other materials.
“Roof-mounted” means mounted above the eave line of a building.
“Rough grade” shall mean the elevation of the ground surface established by grading that approximates the final elevation shown on the approved design.
“Satellite dish antennas” shall mean any system of wires, cables, amplifiers, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, whether the system is internal to or attached to the exterior of any building.
“School” shall mean any public or private educational facility including but not limited to child day care facilities, nursery schools, youth instructional schools, pre-schools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School
includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
Secondhand Store. See “Thrift store.”
“Semi-nude” shall mean a stage of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
“Semi-nude model studio” shall mean any place where a person, who appears semi-nude or displays “specified anatomical areas,” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
Setback, Front Yard. “Front yard setback” shall mean the area which defines the depth of the required front yard. Said setback shall be measured from the ultimate street right-of-way or the line established by the General Plan, whichever is greater, and be removed therefrom by the perpendicular distance prescribed for the front yard setback of the zone in which the property is located. Where the location of the required yard is not clear as herein defined, they shall be determined by the Director of Community Development.
Setback, Rear Yard or Side Yard. “Rear yard or side yard setback” shall mean the area which defines the width or depth of the required rear or side yard setbacks. Said setbacks shall be measured from the property line, removed therefrom by the perpendicular distance prescribed for the yard setback in the zone. Where the side or rear yard abuts a street, the distance shall be measured as set forth in the “Setback, front yard” definition. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development.
“Sex-oriented material” shall mean any sex-oriented merchandise, or any book, periodical magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
“Sex-oriented merchandise” shall mean but not be limited to dildos, auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas.
“Sexual encounter establishment” shall mean an establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical area. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments.
“Shall” will mean mandatory.
“Sheriff” shall mean the Sheriff of the County of Los Angeles, or the Sheriff’s designated representative.
“Shopping center” means two (2) or more contiguous or separate retail commercial stores that share access and/or parking, which function by design, or ultimately function, as a single entity.
“Site” shall mean any lot or parcel of land or contiguous lots or parcels or combination thereof, where grading is performed or permitted.
“Site plan” shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.
“Slope” shall mean an inclined ground surface of fill, excavation or natural terrain, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
“Slope stability” shall be defined as follows:
1. “Gross stability” means the factor of safety against failure of slope material located below a surface approximately three (3) to four (4) feet deep, measured from an perpendicular to the slope face.
2. “Surficial stability” means the factor of safety against failure of the outer three (3) to four (4) feet of slope material measured from and perpendicular to the slope face.
“Sloping terrain” shall mean any ground surface having a grade of eight (8) percent or more. The latest available six (6) and seven and one-half (7.5) minute United States Geological Survey quadrangles or a survey by a registered civil engineer or licensed land surveyor shall be utilized to determine such grade.
“Small animals” shall mean any animal that weighs less than three hundred (300) pounds.
“Soil” shall mean earth material of whatever origin, overlying bedrock, and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
“Soil engineer” shall mean a civil engineer registered in the State, who:
1. Is engaged in the practice of civil engineering and spends a majority of his time in the field of applied soil mechanics and foundation engineering;
2. Has at least four (4) years of responsible practical experience in the field of applied soil mechanics;
3. Has access to an adequately equipped soils testing laboratory.
“Soil engineering” shall mean the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
“Soil engineering report” shall mean a report prepared under the responsible supervision of a soils engineer which includes:
1. Preliminary information concerning engineering, properties of soil and rock on a site prior to grading, describing locations of these materials and providing recommendations for preparation of the site for its intended use;
2. Grading report including information on-site preparation, compaction of fills placed, providing recommendations for structural design and approving the site for its intended use.
“Soil testing agency” shall mean an agency regularly engaged in the testing of soils and rock under the direction of a civil engineer experienced in soil testing.
“Solar energy system” shall mean:
1. Any solar collector or other solar energy device, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating;
2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
“Specific anatomical areas” shall mean:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified criminal acts” shall mean acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult business including but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering.
“Specified sexual activities” shall mean:
1. The fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
Stable, Private. “Private stable” shall mean an accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not rented, used or boarded on a commercial basis for compensation.
“State” shall mean the State of California.
“Stealth facility” means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as concealed antenna.
“Stockpile” shall mean a temporary, uncompacted fill or embankment placed by artificial means, which is designated to be moved at a later date.
“Story” shall mean any portion of a building considered habitable or uninhabitable which is included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. Crawl spaces are not considered to be a story.
“Street” shall mean a public thoroughfare or right-of-way or approved private thoroughfare or right-of-way determined by the City Engineer to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except as excluded in this development code. The word “street” shall include all major and secondary highways, traffic collector streets and local streets.
“Structure” shall mean a mobilehome or anything constructed or erected, building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner, which requires location on or in the ground or is attached to something having a location on or in the ground, including walls, fences, swimming and wading pools and covered patios, excepting paved areas, tennis courts and similar outdoor areas.
“Structural alteration” shall mean any change in or alteration to a structure involving a bearing wall column, beam or girder, floor or ceiling joists, roof rafters, foundations, piles, retaining walls or similar components.
“Subdivision” shall mean the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized City assessment roll as a unit or as contiguous units, for the purpose of sale, lease, financing or transfer of title, whether immediate or future.
1. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or drainage or railroad rights-of-way.
2. The provisions of Section 66424.2 of the Subdivision Map Act concerning the merger of contiguous parcels of land shall be applied in determining whether the sale, lease, financing or transfer of title of contiguous parcels is subdivision under the terms of this section.
3. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code; or a lease project, as defined in Title 16.
4. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.
5. The qualification contained in Section 66424.1 of the Subdivision Map Act concerning the division of a unit of land before a change in the equalized City assessment roll shall apply to subdivisions as defined in this definition.
6. The term “subdivision” shall also refer to any area or tract of land designed to accommodate mobilehomes used for human habitation approved as a division of land for mobilehome purposes and for which a final map or parcel map has been recorded pursuant to the provisions of Title 16. For the purpose of this development code, this type of subdivision shall be considered a residential subdivision.
“Subdivision Map Act” shall mean Division 2, Title 7 of the Government Code.
“Substantial enlargement of an adult business” shall mean an increase in the floor areas occupied by the business by more than fifteen (15) percent as the floor areas exist on effective date of the ordinance codified in this definition.
“Suitable material” shall mean any soil or earth material which, under the criteria of this division or under the criteria of an approved geotechnical report is suitable for use as fill or for other intended purpose.
“Sulfate (SO4)” shall mean a chemical compound occurring in soil or water, which in concentration has a corrosive effect on ordinary Portland cement concrete and some metals.
“Sunroom” shall be considered an enclosed patio.
“Surface drainage” shall refer to flows over the ground surface.
“Telephone communication services” shall mean “communication services” as defined in Sections 4251 and 4252 of the Internal Revenue Code and the regulations thereunder, and shall include any telephonic quality communication that is interconnected to a public switched network, and shall include, without limitation, for the purpose of transmitting messages or information (including, but not limited to, voice, telegraph, teletypewriter, data, facsimile, video or text) by electronic, radio or similar means through “interconnected service” with the “public switched network,” as these terms are commonly used in the Federal Communications Act, 47 U.S.C.A. Section 332(d), and the regulations of the Federal Communications Commission, whether such transmission occurs by wire, cable, fiber-optic, light wave, laser, microwave, radio wave, including, but not limited to, cellular service, commercial mobile service, personal communications service (PCS), specialized mobile radio (SMR), and other types of personal wireless service telecommunications (see 47 U.S.C.A. Section 332(c)(8)(C)(i)) regardless of radio spectrum used, switching facilities, satellite or any other similar facilities.
“Terrace” shall mean a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
“Thrift store” shall mean a store which sells or consigns to sell items which are of a noncollectible quality and/or are not of heirloom quality. Thrift stores or secondhand stores are not classified as antique stores.
“Tobacco paraphernalia business” shall mean an establishment that devotes more than a two (2) foot by four (4) foot (two (2) feet in depth maximum) section of shelf space for equipment, products and materials of any kind (excluding lighters and matches) which are intended or designed for use of tobacco, and includes, but is not limited to, the following:
1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of tobacco plant;
2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing tobacco;
3. Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant;
4. Testing equipment intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of tobacco;
5. Scales and balances intended for use or designed for use in weighing or measuring tobacco;
6. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds or other foreign material from, or in otherwise cleaning or refining, tobacco;
7. Blenders, bowls, containers, spoons and mixing devices intended for use or designed for use in compounding tobacco substances or substances containing tobacco;
8. Envelopes, pouches, capsules, balloons and other containers intended for use or designed for use in packaging small quantities of tobacco;
9. Containers and other objects intended for use or designed for use in storing or concealing tobacco;
10. Objects intended for use or designed for use in ingesting, inhaling or otherwise introducing tobacco into the human body, such as the following:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens or punctured metal bowls,
b. Water pipes,
c. Carburetion tubes and devices,
d. Smoking and carburetion masks,
e. Clips or other devices intended to hold burning material, such as a cigarette, that has become too small or too short to be held in the hand,
f. Chamber pipes,
g. Carburetor pipes,
h. Electric pipes,
i. Air-driven pipes,
j. Chillums,
k. Bongs,
l. Ice pipes or chillers.
“Transfer of ownership or control of an adult business” shall mean and include any of the following:
1. The sale, lease or sublease of the business; or
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
“Truck, large” shall mean a truck with a carrying capacity of greater than three thousand five hundred (3,500) pounds.
“Truck, light” shall mean a truck with a carrying capacity of three thousand five hundred (3,500) pounds or less.
“Uniform Building Code (UBC)” shall mean the currently applicable edition of the Uniform Building Code, published by the International Conference of Building Officials.
“Unsuitable material” shall mean any soil or earth material having properties or characteristics which, under the criteria of this division or under the criteria contained in any approved geotechnical report, make it unsuitable for use as fill or for any other intended use. These properties or characteristics include, but are not limited to, the following: organic content of the material exceeds three (3) percent; rock diameters exceeding eight (8) inches; the presence of concrete or asphalt; or the presence of expansive soils within four (4) feet of finish grade of any area intended or designed as a location for a building.
“Use” shall mean the purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.
“Waiter or waitress” is a man or woman who waits on tables.
“Wet bar” shall mean an interior room or area with a single-basin sink located some place other than the kitchen, bathroom or laundry. Wet bar does not include a stove, range, or similar appliances customarily identified with a kitchen. Where a wet bar is located in a room or a portion of a room with a stove, hotplate, range, oven, microwave oven or other kitchen-type facilities, it shall constitute a separate kitchen.
“Wild animal” shall mean any nondomestic, exotic or dangerous animal, including, but not limited to, the following: wild animal/dog hybrids and other mammals, wildfowl, fish and reptiles.
“Wholesaling” shall mean the selling of any type of goods for purpose of resale.
“Wireless communications facilities” shall mean the site, support structures, antennas, accessory equipment structures, and appurtenances used to transmit, receive, distribute, provide or offer wireless telecommunications services. Wireless communications facilities include, but are not limited to, antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, electronic, and switching equipment.
“Wireless communications support structures” shall mean any structure erected to support telephone communications services. Wireless communications support structures may include, but are not limited to, lattice tower, monopoles, and guyed towers.
“Wireless communications systems” shall mean the sending and receiving of radio frequency transmissions and the connection and/or relaying of these signals to land lines and other sending and receiving stations (cell sites), and including, but not limited to, cellular radio, telephone, personal communications services (PCS), enhanced/specialized mobile radio (ESMR), commercial paging services, wi-fi and any other technology which provides similar services.
“Yard” shall mean any open space on the same lot with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections permitted by this code.
Yard, Front. “Front yard” shall mean a space between the front yard setback and the front lot line or future street line, and extending the full width of the lot. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development.
Yard, Rear. “Rear yard” shall mean a space between the rear yard setback and the rear lot line, extending the full width of the lot. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development.
Yard, Side. “Side yard” shall mean a space extending from the front yard, or from the front yard lot line where no front yard is required by this development code, to the rear yard, or rear lot line between a side lot line and the side yard setback line. Where the location of the required yards is not clear as herein defined, they shall be determined by the Director of Community Development. (Ord. 96-14 § 1, 9/24/96; Ord. 97-1, 6/10/97; Ord. 99-1, 2/9/99; Ord. 99-4, 5/11/99; Ord. 99-6, 6/22/99; Ord. 99-7, 10/26/99; Ord. 00-3, 2/8/00; Ord. 01-5, 2/27/01; Ord. 01-8, 4/24/01; Ord. 02-5, 4/23/02; Ord. 03-12, 9/23/03; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05; Ord. 07-1 § 2, 1/23/07; Ord. 08-13 § 2, 8/26/08; Ord. 09-9 § 6, 6/23/09)
Division 2. Zoning