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Chapter 17.04
DEFINITIONSSections:
17.04.005 Purpose.
17.04.010 Generally.
17.04.017 Access.
17.04.020 Accessory building.
17.04.025 Accessory use.
17.04.030 Adjacent.
17.04.035 Adult bookstore.
17.04.040 Adult entertainment activity.
17.04.045 Adult entertainment in cabarets.
17.04.050 Adult motion picture theater.
17.04.055 Agriculture.
17.04.060 Alley.
17.04.065 Animal hospital.
17.04.070 Apartment.
17.04.075 Artist.
17.04.080 Art, music, and hobby stores.
17.04.085 Attached building.
17.04.090 Auto repairs, minor.
17.04.095 Automotive services, general.
17.04.100 Automobile service station.
17.04.105 Automobile wrecking.
17.04.110 Bar.
17.04.112 Bed and breakfast inns.
17.04.115 Beginning of construction.
17.04.120 Block face.
17.04.125 Boardinghouse.
17.04.130 Building.
17.04.135 Building height.
17.04.140 Cabaret.
17.04.145 Carport.
17.04.150 Commission.
17.04.155 Conditional use.
17.04.160 Convalescent home.
17.04.162 Convenience store.
17.04.165 Coverage.
17.04.170 Repealed.
17.04.175 Repealed.
17.04.177 Directional sign.
17.04.180 District.
17.04.185 Drive-in restaurant.
17.04.190 Drive-in theater.
17.04.195 Driveway.
17.04.200 Dust-free.
17.04.205 Dwelling.
17.04.207 Dwelling, single detached.
17.04.210 Dwelling unit, single-family.
17.04.215 Dwelling, mobile home.
17.04.220 Dwelling, multiple-family.
17.04.222 Dwelling, second residential.
17.04.225 Dwelling, two-family – Duplex.
17.04.230 Dwelling unit.
17.04.235 Efficiency apartment.
17.04.240 Family.
17.04.245 Financial institutions.
17.04.247 Floor area.
17.04.250 Foster home.
17.04.253 Frontage.
17.04.255 Frontage, street.
17.04.260 Group care, retarded.
17.04.265 Guesthouses.
17.04.270 Home occupation.
17.04.275 Hospital.
17.04.280 Hotel.
17.04.285 Household pets.
17.04.290 Junkyard.
17.04.295 Kennel.
17.04.300 Kitchen.
17.04.305 Light service industries.
17.04.310 Livestock.
17.04.315 Lot.
17.04.320 Lot area, gross.
17.04.325 Lot area, net.
17.04.330 Lot depth.
17.04.335 Lot, key.
17.04.340 Lot lines.
17.04.345 Lot line, front.
17.04.350 Lot line, rear.
17.04.355 Lot line, side.
17.04.360 Lot line, side street.
17.04.365 Lot, through.
17.04.370 Lot width.
17.04.375 Mobile home park.
17.04.380 Mobile home space.
17.04.385 Mobile home subdivision.
17.04.390 Motel.
17.04.395 Nonconforming use.
17.04.400 Nursing home.
17.04.405 Overlay district.
17.04.410 Parking space.
17.04.412 Person.
17.04.413 Projection.
17.04.414 Property owner.
17.04.415 Recreation, commercial.
17.04.420 Recreation, private noncommercial.
17.04.425 Recreational vehicle.
17.04.430 Recreational vehicle park.
17.04.431 Restaurants.
17.04.432 Retail sales.
17.04.435 Setback line.
17.04.440 Sheltered care home.
17.04.445 Shopping center.
17.04.450 Sign.
17.04.451 Sign area.
17.04.452 Sign, off-premises.
17.04.453 Sign structure.
17.04.454 Sign, temporary.
17.04.455 Site.
17.04.465 Space.
17.04.470 Space, parking.
17.04.475 Specified anatomical areas.
17.04.480 Specified sexual activities.
17.04.485 Story.
17.04.490 Street.
17.04.495 Structural alterations.
17.04.500 Structure.
17.04.505 Subdivision.
17.04.510 Usable open space.
17.04.515 Use.
17.04.520 Use, accessory.
17.04.525 Use, conditional.
17.04.530 Use, principal permitted.
17.04.532 Warehouses.
17.04.535 Yard.
17.04.540 Yard, front.
17.04.545 Yard, rear.
17.04.550 Yard, side.
17.04.555 Zone.
17.04.005 Purpose.
For the purpose of this title, certain words and terms used herein, or which may be hereafter used are defined as set forth in this chapter. (Ord. 78-391 § 2.01(A)).
17.04.010 Generally.
A. Words used in the present tense include the future.
B. Words in the singular number include the plural, and words in the plural include the singular.
C. The words “shall” or “must” identify a mandatory, not directory or permissive, element that is required to be followed.
D. “Should” identifies guidance provided by ordinance, based on policy considerations. Future city councils and the planning commission are advised to follow this guidance in the absence of compelling, countervailing considerations.
E. “May” identifies a permissive element which is left fully to the discretion of the city.
F. The following words or terms, when applied in this title shall carry full force when used interchangeably:
1. Lot, plot, parcel, premises;
2. Used, arranged, constructed, converted, designed, leased, intended (to be used), maintained, occupied, or rented;
3. Sold or dispensed, construct, reconstruct, erect, alter (structurally or otherwise), but not the term maintenance;
4. Building, structure. (Ord. 78-391 § 2.01(B)).
17.04.017 Access.
“Access” means the place or way by which pedestrians and/or vehicles have usable ingress and egress to a property or use. (Ord. 88-526 § 1).
17.04.020 Accessory building.
“Accessory building” means a detached subordinate building situated on the same lot with the main building and used for an accessory use. (Ord. 78-391 § 2.01(C)).
17.04.025 Accessory use.
“Accessory use” means a subordinate use of a building, other structure, or use of land:
A. Which is clearly incidental to the use of the main building, other structure or use of land; and
B. Which is customary in connection with the main building, other structure, or use of land; and
C. Which is located on the same zoned lot with the main building, other structure, or use of land. (Ord. 78-391 § 2.01(C)).
17.04.030 Adjacent.
“Adjacent” means nearby, but not necessarily touching. (Ord. 78-391 § 2.01(C)).
17.04.035 Adult bookstore.
“Adult bookstore” means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are substantially devoted to the depiction of “specified sexual activities” or “specified anatomical areas.” (Ord. 78-391 § 2.01(C)).
17.04.040 Adult entertainment activity.
“Adult entertainment activity” means any activity which is conducted exclusively for the patronage of persons who are 18 years of age or older and from which persons 17 years of age or younger are specifically excluded and includes, but is not limited to, such businesses as adult bookstores, adult motion picture theaters, adult entertainment and adult entertainment in cabarets. (Ord. 78-391 § 2.01(C)).
17.04.045 Adult entertainment in cabarets.
“Adult entertainment in cabarets” means a cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. (Ord. 78-391 § 2.01 (C)).
17.04.050 Adult motion picture theater.
“Adult motion picture theater” means an enclosed building used for presenting material in the form of motion picture film, video tape or other similar means which is substantially devoted to the depiction of “specified sexual activities” or “specified anatomical areas” for observation by persons therein. (Ord. 78-391 § 2.01(C)).
17.04.055 Agriculture.
“Agriculture” means the commercial production of field, row, or tree crops, but not including livestock other than those kept for the use of the family occupying the site. (Ord. 78-391 § 2.01(C)).
17.04.060 Alley.
“Alley” means a public or private way not more than 25 feet wide, which affords only secondary access to abutting property. (Ord. 78-391 § 2.01(C)).
17.04.065 Animal hospital.
“Animal hospital” means a building used for the care and treatment of sick or injured dogs, cats, rabbits, birds and similar small animals. (Ord. 78-391 § 2.01(C)).
17.04.070 Apartment.
“Apartment” means a suite of rooms within a building arranged, designed or used for residential purposes for one family, and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes. Each apartment shall be considered a dwelling unit. (Ord. 78-391 § 2.01(C)).
17.04.075 Artist.
“Artist” means one who practices the fine arts which shall be limited to painting, drawing, sculpture, poetry, music, dancing and dramatic art. This is not deemed to include the business of teaching one or more of the arts. (Ord. 78-391 § 2.01(C)).
17.04.080 Art, music, and hobby stores.
“Art, music, and hobby stores” means stores selling materials and finished products related to arts, crafts, and hobbies and includes the following: art and art supply dealers, camera dealers, crafts supply dealers, stamp and coin shops, music stores, and any other store of a similar nature. (Ord. 78-391 § 2.01(C)).
17.04.085 Attached building.
“Attached building” means a building which has any part of its bearing wall in common with another building or which is connected to another building by a roof. (Ord. 78-391 § 2.01(C)).
17.04.090 Auto repairs, minor.
“Minor auto repairs” means the adjustment or replacement of parts, tires, brakes, headlights, and the like, and the tuning of engines. It shall not include complete engine overhaul or rebuilding, body and frame repairs, or painting. (Ord. 78-391 § 2.01(C)).
17.04.095 Automotive services, general.
“General automotive services” means establishments for the sale or rental of new and used cars, trucks, and trailers; gasoline service stations; automobile and truck repair garages, body, fender and paint shops; tire shops and tire recapping plants; stores for the sale of new auto parts supplies and accessories; and any other establishment of a similar nature but not including auto wrecking or the storage or sale of used parts. (Ord. 78-391 § 2.01(C)).
17.04.100 Automobile service station.
“Automobile service station” means a place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle. Sales and installation of auto accessories, washing, polishing, inspections and cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants. (Ord. 78-391 § 2.01(C)).
17.04.105 Automobile wrecking.
“Automobile wrecking” has the same meaning as “junkyard.” (Ord. 78-391 § 2.01(C)).
17.04.110 Bar.
“Bar” means an establishment the main use of which is to serve spirituous liquors to be consumed on the premises. Food may or may not be served. Usually a counter and stools are present. (Ord. 78-391 § 2.01(C)).
17.04.112 Bed and breakfast inns.
“Bed and breakfast inn” means a residential dwelling with only one family in permanent residence containing individual bedrooms without individual cooking facilities that are rented for overnight lodging. (Ord. 86-502 § 1).
17.04.115 Beginning of construction.
“Beginning of construction” means the incorporation of labor and material within the foundation of a building. (Ord. 78-391 § 2.01(C)).
17.04.120 Block face.
“Block face” means that property abutting one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage, waterways, but not an alley of such size as to interrupt the continuity of development of both sides thereof. (Ord. 78-391 § 2.01(C)).
17.04.125 Boardinghouse.
“Boardinghouse” means a dwelling in which there is no more than one dwelling unit and more than two but not exceeding five rooming units or guest rooms. Meals may or may not be provided to the occupants thereof. A boardinghouse shall not include homes for persons not members of the family requiring professional or semiprofessional care by reason of physical or mental infirmity or disease or by reason of age. (Ord. 78-391 § 2.01(C)).
17.04.130 Building.
“Building” means any structure, or part thereof, having a roof supported by columns or walls, for the housing or enclosure of persons, animals, chattels, or property. (Ord. 78-391 § 2.01(C)).
17.04.135 Building height.
“Building height” means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the roof, except as provided in FMC 17.54.010(B). (Ord. 78-391 § 2.01(C)).
17.04.140 Cabaret.
“Cabaret” means an establishment serving alcoholic beverages under the following classes: Class I, No entertainment; Class II, Jukebox, no dancing; Class III, Jukebox, dancing; Class IV, Live entertainment, no dancing and Class V, Live entertainment with dancing. (Ord. 78-391 § 2.01(C)).
17.04.145 Carport.
“Carport” means a covered area open on one or more sides for the storage of passenger vehicles, boats or trailers. (Ord. 78-391 § 2.01(C)).
17.04.148 Child day care facility.
See FMC 17.54.077. (Ord. 97-606)
17.04.150 Commission.
“Commission” means the planning commission of the city of Fortuna. (Ord. 78-391 § 2.01(C)).
17.04.155 Conditional use.
“Conditional use” means a use which may be permitted in a district where it is listed and for which a conditional use permit must be obtained. (Ord. 78-391 § 2.01(C)).
17.04.160 Convalescent home.
“Convalescent home” means a private or public institution where patients may recover from an illness. (Ord. 78-391 § 2.01(C)).
17.04.162 Convenience store.
“Convenience store less than 5,000 square feet in size” means an establishment engaged in the retail sale of food, beverages, and other frequently needed merchandise for household or travelers’ use. These stores may be part of an automobile service station or as an independent facility. (Ord. 2005-657 § 1).
17.04.165 Coverage.
“Coverage” means the percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, plazas, patios, and terraces. The area covered by a structure shall be the area under the solid roof of the structure. (Ord. 78-391 § 2.01(C)).
17.04.170 Day care center.
Repealed by Ord. 97-606. (Ord. 81-457 § 1; Ord. 78-391 § 2.01(C)).
17.04.175 Day care-family facilities.
Repealed by Ord. 97-606. (Ord. 81-457 § 2; Ord. 78-391 § 2.01(C)).
17.04.177 Directional sign.
“Directional sign” means a sign indicating the direction to a public event. (Ord. 86-505 § 2).
17.04.180 District.
“District” means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title; same as “zone.” (Ord. 78-391 § 2.01(C)).
17.04.185 Drive-in restaurant.
“Drive-in restaurant” means any establishment where food or beverages are dispensed and where such food or beverages are consumed on the premises but not within a building. (Ord. 78-391 § 2.01(C)).
17.04.190 Drive-in theater.
“Drive-in theater” means an open-air theater designed for viewing by the audience from motor vehicles. (Ord. 78-391 § 2.01(C)).
17.04.195 Driveway.
“Driveway” means a private road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel on which it is located. (Ord. 78-391 § 2.01(C)).
17.04.200 Dust-free.
“Dust-free” means a condition of property maintenance achieved by paving approved by the city engineer. (Ord. 78-391 § 2.01(C)).
17.04.205 Dwelling.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a tent, or recreation vehicle. (Ord. 78-391 § 2.01(C)).
17.04.207 Dwelling, single detached.
“Single detached dwelling” means one dwelling, freestanding and structurally separated from any other dwelling or building, located on a lot which is unoccupied by any other dwelling or main building. (Ord. 88-526 § 1).
17.04.210 Dwelling unit, single-family.
“Single-family dwelling unit” means a standard construction building or a mobile home, subject to the requirements of FMC 17.54.165, containing exclusively one dwelling unit. This unit shall consist of a minimum width of 20 feet and shall be installed on a permanent foundation approved by the city engineer. (Ord. 81-456 § 1; Ord. 78-391 § 2.01(C)).
17.04.215 Dwelling, mobile home.
“Mobile home dwelling” means a moveable or portable dwelling over 32 feet in length or over eight feet wide, constructed to be towed on its chassis and designed to be installed, with or without permanent foundation, for occupancy as a residence. A mobile home may include one or more components that can be retracted for towing and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit. A mobile home does not include recreational vehicle as defined in this chapter. (Ord. 78-391 § 2.01(C)).
17.04.220 Dwelling, multiple-family.
“Multiple-family dwelling” means a building or portion thereof containing two or more dwelling units. (Ord. 78-391 § 2.01(C)).
17.04.222 Dwelling, second residential.
“Second residential dwelling” means a second single-family dwelling located or placed on a parcel of land in a single-family or multifamily residential district. (Ord. 88-526 § 1).
17.04.225 Dwelling, two-family – Duplex.
“Two-family dwelling” or “duplex” means a building containing exclusively two dwelling units under a common roof. (Ord. 78-391 § 2.01(C)).
17.04.230 Dwelling unit.
“Dwelling unit” means one room, or a suite of two or more rooms, designed and intended for occupancy or a place of residence by one family, and which unit has one kitchen. (Ord. 78-391 § 2.01(C)).
17.04.235 Efficiency apartment.
“Efficiency apartment” means a dwelling unit of not more than one bedroom, in addition to kitchen and bath, which does not exceed 600 square feet of floor area. (Ord. 78-391 § 2.01(C)).
17.04.240 Family.
“Family” means a person living alone, or two or more persons related by blood, marriage or adoption, or a group of not more than five unrelated persons living together who constitute a bona fide single nonprofit housekeeping unit in a dwelling, as distinguished from a group occupying a boardinghouse, lodging house, motel or hotel, fraternity or sorority house. A family shall be deemed to include necessary servants. (Ord. 88-526 § 1; Ord. 78-391 § 2.01(C)).
17.04.245 Financial institutions.
“Financial institutions” means establishments and offices offering financial service or counsel and includes banks, savings and loan institutions, stock brokers offices, bonding companies, finance company offices, and any other institution of a similar nature. (Ord. 78-391 § 2.01(C)).
17.04.247 Floor area.
“Floor area” means the total of the gross horizontal area of all floors, including usable basements and cellars, below the roof and within the outer surfaces of the exterior walls of principal or accessory buildings. (Ord. 88-526 § 1).
17.04.250 Foster home.
“Foster home” means a home maintained by an individual or individuals having the care of or control of one or more but not more than four minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals. (Ord. 78-391 § 2.01(C)).
17.04.253 Frontage.
“Frontage” means that portion of a parcel fronting on a public right-of-way, to include alleys and adjoining common use parking lots. (Ord. 86-505 § 2).
17.04.255 Frontage, street.
“Street frontage” means the lot or parcel side where it adjoins a street, boulevard, or accessway. (Ord. 78-391 § 2.01(C)).
17.04.260 Group care, retarded.
“Retarded group care” means any home, state authorized, certified or licensed family care home, foster home, or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a 24-hour basis. Such homes are considered a residential use. Such homes are conditionally permitted uses in all residential zones, including, but not limited to, residential zones for single-family and estate dwellings, per Section 5116 of the Welfare and Institutions Code. (Ord. 78-391 § 2.01(C)).
17.04.265 Guesthouses.
See FMC 17.54.100. (Ord. 78-391 § 2.01(C)).
17.04.270 Home occupation.
“Home occupation” means an accessory use of a nonresidential nature which is performed on the premises which involves the conduct of an art or profession, the offering of a service, the conduct of a business or the handcraft manufacture of products within a dwelling or residential accessory structure and is clearly incidental and secondary to the residential use of the parcel. (Ord. 86-501 § l; Ord. 80-442 § 1; Ord. 78-391 § 2.01(C)).
17.04.275 Hospital.
“Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive words. (Ord. 78-391 § 2.01(C)).
17.04.280 Hotel.
“Hotel” means any building or portion thereof containing living quarters or dwelling units without kitchen facilities, and designed for or intended to be used by six or more transient guests; but not including motels, mobile home parks, boardinghouses, dormitories or labor camps. (Ord. 78-391 § 2.01(C)).
17.04.285 Household pets.
“Household pets” means animals which are traditionally kept as pets such as domestic dogs, cats and rabbits, subject to the provisions of FMC 17.54.060. (Ord. 78-391 § 2.01(C)).
17.04.290 Junkyard.
“Junkyard” means the use of a lot or portion thereof for the storage, keeping or abandonment of junk, dismantled automobiles, or other vehicles, or machinery or parts thereof, including scrap metal, rags, or other scrap materials. (Ord. 78-391 § 2.01(C)).
17.04.295 Kennel.
“Kennel” means any lot or premises on which five or more dogs or small animals of at least four months are kept. (Ord. 78-391 § 2.01(C)).
17.04.300 Kitchen.
“Kitchen” means any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. (Ord. 78-391 § 2.01(C)).
17.04.305 Light service industries.
“Light service industries” means bakeries, creameries, soft drink bottling plants, cleaning and drying plants, laundries, printing and engraving plants, and any other plant of a similar nature. (Ord. 78-391 § 2.01(C)).
17.04.310 Livestock.
“Livestock” includes all animals, poultry, and bees and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those species which are usually kept as pets, such as dogs, cats and pet birds. (Ord. 78-391 § 2.01(C)).
17.04.315 Lot.
“Lot” means a parcel of land, within a single block, which, by reason of ownership, recording, or use, is separate and distinct from other such parcels, and has frontage on a public street or an approved private street. (Ord. 78-391 § 2.01(C)).
17.04.320 Lot area, gross.
“Gross lot area” means net lot area, and the area of any adjoining and appurtenant half-street or half-alley dedicated or irrevocably offered to the public for right-of-way purposes. (Ord. 78-391 § 2.01(C)).
17.04.325 Lot area, net.
“Net lot area” means the total horizontal area included within lot lines, but excluding any portion of such area which has been dedicated or irrevocably offered for public right-of-way purposes, or pedestrian, equestrian and bicycle easements. (Ord. 78-391 § 2.01(C)).
17.04.330 Lot depth.
“Lot depth” means the average horizontal distance between the front and rear lot lines. (Ord. 78-391 § 2.01(C)).
17.04.335 Lot, key.
“Key lot” means an interior lot, one side of which is contiguous to the rear line of a corner lot. (Ord. 78-391 § 2.01(C)).
17.04.340 Lot lines.
“Lot lines” means the property lines bounding the lot. (Ord. 78-391 § 2.01(C)).
17.04.345 Lot line, front.
“Front lot line” means in the case of an interior lot, the line separating the lot from the street right-of-way; in the case of a corner lot, the shorter street frontage shall be the front lot line. (Ord. 78-391 § 2.01(C)).
17.04.350 Lot line, rear.
“Rear lot line” means the lot line opposite and most distant from the front lot line. (Ord. 78-391 § 2.01(C)).
17.04.355 Lot line, side.
“Side lot line” means any lot boundary which is not a front or rear lot line. (Ord. 78-391 § 2.01(C)).
17.04.360 Lot line, side street.
“Side street lot line” means a side lot line separating a lot from the street. (Ord. 78-391 § 2.01).
17.04.365 Lot, through.
“Through lot” means a lot abutting two parallel or approximately parallel streets. (Ord. 78-391 § 2.01(C)).
17.04.370 Lot width.
“Lot width” means the horizontal distance between the side lot lines measured at right angles to the depth of the lot of the front yard setback line. (Ord. 78-391 § 2.01(C)).
17.04.375 Mobile home park.
“Mobile home park” means any lot, tract or parcel of land licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes and travel trailers subject to a use permit and used solely for living and/or sleeping purposes. Travel trailers shall not occupy more than 15 percent of the spaces of the total mobile home park. See FMC 17.54.170. (Ord. 78-391 § 2.01(C)).
17.04.380 Mobile home space.
“Mobile home space” means a unit of land within a mobile home park and intended to accommodate one mobile home. (Ord. 78-391 § 2.01(C)).
17.04.385 Mobile home subdivision.
“Mobile home subdivision” means a subdivision for residential use by mobile homes, or mobile homes and conventional housing. (Ord. 78-391 § 2.01(C)).
17.04.390 Motel.
“Motel” means a building or group of buildings comprising individual sleeping quarters or dwelling units for the accommodation of transient guests which is so designed that parking is on the same building site and is conveniently accessible from the living units. This definition includes auto courts, tourist courts and motor hotels but does not include hotels. (Ord. 78-391 § 2.01(C)).
17.04.395 Nonconforming use.
“Nonconforming use” means a use which was lawfully established but which does not now conform with the use regulations of the zone in which it is located. See FMC 17.54.185. (Ord. 78-391 § 2.01(C)).
17.04.400 Nursing home.
“Nursing home” means a facility other than a hospital in which continuing nursing care on a 24-hour basis by a graduate nurse licensed in California or other nursing personnel meeting standards adopted by the state is provided, and in which medical services are prescribed or performed under the direction of a physician or surgeon licensed to practice in California for two or more unrelated persons who are not acutely ill and not in need of hospital care. (Ord. 78-391 § 2.01(C)).
17.04.405 Overlay district.
“Overlay district” means a district containing special regulations to be invoked where appropriate or necessary in addition to basic district regulations; a “combining district.” (Ord. 78-391 § 2.01(C)).
17.04.410 Parking space.
See FMC 17.51.040. (Ord. 78-391 § 2.01(C)).
17.04.412 Person.
“Person” means an individual, organization, partnership, corporation, city, county, district, or the state or any department or agency thereof. (Ord. 88-526 § 1).
17.04.413 Projection.
“Projection” means the distance which a sign, sign structure or structural components of a sign extends over public property or beyond the building lines. (Ord. 86-505 § 2).
17.04.414 Property owner.
“Property owner” means the person or persons, firm, corporation or partnership holding legal or equitable title or recorded contract or purchase of property. (Ord. 88-526 § 1).
17.04.415 Recreation, commercial.
“Commercial recreation” means recreation facilities open to the general public for a fee or restricted to members when operated for profit as a business. (Ord. 78-391 § 2.01(C)).
17.04.420 Recreation, private noncommercial.
“Private noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization and their guests. (Ord. 78-391 § 2.01(C)).
17.04.425 Recreational vehicle.
“Recreational vehicle” means a trailer or passenger vehicle 32 feet or less in length and eight feet or less in width, primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. (Ord. 78-391 § 2.01(C)).
17.04.430 Recreational vehicle park.
“Recreational vehicle park” means any lot, tract, or parcel of land used or offered for use in whole or in part, with or without compensation, for the parking of occupied recreational vehicles. See FMC 17.54.220. (Ord. 78-391 § 2.01(C)).
17.04.431 Restaurants.
“Restaurants” means establishments where the principal business is the sale of food and beverages in a ready-to-consume state, including the retail sale of alcoholic liquor or malt beverages, for consumption on the premises. (Ord. 2005-657 § 1).
17.04.432 Retail sales.
“Retail sales” means the activity involved in the housing of goods to the ultimate consumer for personal or household consumption or use. (Ord. 86-501 § 2).
17.04.435 Setback line.
“Setback line” means a line established by this title or by separate ordinance to govern the placement of buildings or structures with respect to lot lines, streets, or alleys. (Ord. 78-391 § 2.01(C)).
17.04.440 Sheltered care home.
“Sheltered care home” means a facility other than a hospital or nursing home for two or more unrelated persons who are not acutely ill, which renders personal care and assistance with meals, dressing, medications prescribed by a physician or surgeon licensed in California, and other personal assistance of a similar type and includes homes for the aged and infirm who do not need skilled nursing care. (Ord. 78-391 § 2.01(C)).
17.04.445 Shopping center.
“Shopping center” means a unified commercial development on a minimum site of two acres occupied by a group of five or more separate businesses occupying substantially separate divisions of a building or buildings fronting on a privately owned common mall or parking lot, rather than on a public street. (Ord. 86-505 § 2; Ord. 78-391 § 2.01(C)).
17.04.450 Sign.
“Sign” means every sign, billboard, freestanding sign, portable freestanding sign, wall sign, roof sign, illuminated sign, painted sign, projecting sign, temporary sign, sandwich sign and street clock and includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person which the same is placed so that it is clearly visible to the general public from an out-of-doors position. (Ord. 86-505 § 2; Ord. 78-391 § 2.01(C)).
17.04.451 Sign area.
“Sign area” means the area of letters or symbols plus the area of the background panel on which the grouping of letters or symbols is painted or mounted. Sign area does not include the area of the supporting structure of said background panel. All readable surfaces of a sign shall be counted in calculating its area with the exception of double facing signs. Only one side of double facing signs shall be counted. (Ord. 86-505 § 2).
17.04.452 Sign, off-premises.
“Off-premises sign” means a sign which advertises a project, business or service which is sold, conducted or offered at a location other than the location of the sign. (Ord. 86-505 § 2).
17.04.453 Sign structure.
“Sign structure” means the supports, uprights, braces and framework of a sign. (Ord. 86-505 § 2).
17.04.454 Sign, temporary.
“Temporary sign” means and includes any sign, banner, pennant, valance or advertising display intended to be displayed for a limited period of time only. (Ord. 86-505 § 2).
17.04.455 Site.
“Site” means the parcel, lot, or group of contiguous parcels functioning as the location of a specific land use. (Ord. 78-391 § 2.01(C)).
17.04.465 Space.
“Space” means a designated location for placement of a mobile home or recreational vehicle in the appropriate park. (Ord. 78-391 § 2.01(C)).
17.04.470 Space, parking.
See FMC 17.51.040. (Ord. 78-391 § 2.01(C)).
17.04.475 Specified anatomical areas.
“Specified anatomical areas” means:
A. The following when less than completely and opaquely covered:
1. Mature human genitals,
2. Mature human buttock,
3. Mature human female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 78-391 § 2.01(C)).
17.04.480 Specified sexual activities.
“Specified sexual activities” means:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Ord. 78-391 § 2.01(C)).
17.04.485 Story.
“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches above the grade level, shall not be considered a story. A mezzanine floor shall be considered a story if it exceeds 33 and one-third percent of the area of the floor next below it. (Ord. 78-391 § 2.01(C)).
17.04.490 Street.
“Street” means a dedicated public passageway which affords a principal means of access to abutting property. (Ord. 78-391 § 2.01(C)).
17.04.495 Structural alterations.
“Structural alterations” means any change in the structural members of a building, such as bearing walls, columns, beams, or girders. (Ord. 78-391 § 2.01(C)).
17.04.500 Structure.
“Structure” means anything constructed, the use of which requires permanent location on the ground. This does not include driveways, or parking spaces, or patios where the area is unobstructed from the ground up. (Ord. 78-391 § 2.01(C)).
17.04.505 Subdivision.
“Subdivision” has the meaning as defined by the Subdivision Map Act and Subdivided Lands Act, as each are revised from time to time. (Ord. 78-391 § 2.01(C)).
17.04.510 Usable open space.
“Usable open space” means the aggregate area of unobstructed space, subject to the requirements of the district in which the use is located, which is devoted to play areas, yards, courts, patios, balconies, roof terraces or such other recreational or leisure areas as may be provided within a lot or planned area development. Usable open space shall not include area devoted to vehicular circulation, off-street parking, pedestrian sidewalks, storage, or space devoted exclusively to ornamental landscaping. (Ord. 78-391 § 2.01(C)).
17.04.515 Use.
“Use” means the purpose for which either land or a structure thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained. (Ord. 78-391 § 2.01(C)).
17.04.520 Use, accessory.
“Accessory use” means a use legally permitted in the zone, which use is incidental to and subordinate to the principal use of the site or of a main building on the site. (Ord. 78-391 § 2.01(C)).
17.04.525 Use, conditional.
“Conditional use” means a principal or accessory use of land or of structures thereon which use may be permitted only upon the issuance of a use permit, as provided in this title. (Ord. 78-391 § 2.01(C)).
17.04.530 Use, principal permitted.
“Principal permitted use” means the primary use of land or of a main building which use is compatible with the purpose of the zone and which is permitted in the zone. (Ord. 78-391 § 2.01(C)).
17.04.532 Warehouses.
“Warehouses” means establishments for the storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers, as well as activities involving significant movement and storage of products or equipment. Typical uses include major mail distribution centers, frozen food lockers, and moving and storage firms, but excluding self-service storage warehouses for household items. (Ord. 2005-657 § 1).
17.04.535 Yard.
“Yard” means an open space other than a court on the same site with a building, which open space is unoccupied and unobstructed from the ground upward, except for landscaping or as specified elsewhere in this title; but not including any portion of any street, alley or road right-of-way, except as specified elsewhere in this title. (Ord. 78-391 § 2.01(C)).
17.04.540 Yard, front.
“Front yard” means a yard of uniform depth extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building, or enclosure or covered porch attached thereto. The front yard of a corner lot is the yard adjoining the shorter street frontage. On a through lot which fronts on two streets that are separated by the lot, front yards shall be maintained on both frontages. (Ord. 78-391 § 2.01(C)).
17.04.545 Yard, rear.
“Rear yard” means a yard of uniform depth extending across the full width of the lot between the rear lot line and the nearest vertical support or wall of the main building or enclosure or covered porch attached thereto, except that the rear yard of a corner lot extends only to the side yard adjacent to the street. (Ord. 78-391 § 2.01(C)).
17.04.550 Yard, side.
“Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the lot and the nearest vertical support or main wall of each building or enclosure or porch attached thereto. A side yard on the street side of a corner lot shall extend from the front yard to the rear lot line. (Ord. 78-391 § 2.01(C)).
17.04.555 Zone.
“Zone” means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. The word “zone” includes the word “district.” (Ord. 78-391 § 2.01(C)).
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