Chapter 17.12
DEFINITIONS

Sections:

17.12.010  Purpose and applicability.

17.12.020  Rules for construction language.

17.12.030  Definitions.

17.12.010 Purpose and applicability.

The purpose of this chapter is to ensure precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context clearly indicates a different meaning or construction. (Ord. 87-4 N.S., 1987).

17.12.020 Rules for construction language.

In addition to the general provisions of the municipal code, the following rules of construction shall apply:

A. The particular shall control the general.

B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1. "And" indicates that all connected words or provisions shall apply.

2. "Or" indicates that the connected words or provisions may apply singly or in any combination.

3. "Either...or" indicates that the connected words or provisions shall apply singly but not in combination.

C. In case of conflict between the text and a diagram, the text shall control.

D. All references to departments, commissions, boards, or other public agencies are to those of the city of Benicia, unless otherwise indicated.

E. All references to public officials are to those of the city of Benicia, and include designated deputies of such officials, unless otherwise indicated.

F. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day. (Ord. 87-4 N.S., 1987).

17.12.030 Definitions.

"Abutting or adjoining" means having district boundaries or lot lines in common.

"Acre, gross" means the area of a lot or site, including easements and right-of-way to be dedicated, but excluding existing public rights-of-way.

"Acre, net" means the area of a lot or site remaining after dedication of all required rights-of-way.

"Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

"Alter" means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure.

"Animal, domestic" means small animals of the type generally accepted as pets, including dogs, cats, rabbits, hens, fish, and the like, but not including roosters, ducks, geese, pea fowl, goats, sheep, hogs or the like.

"Animal, exotic" means any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.

"Animal, large" means an animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.

"Animal, small" means an animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept as domestic pets within a dwelling unit.

"Antenna" means any system of wires, poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic radio frequency waves, including but not limited to antennas or towers used for transmitting or receiving television, radio, citizen’s band or cellular phone communication.

"Antenna structure, monopole" is a single, ground-mounted free-standing pole, post piling, tower or similar structure, often tubular in shape, made of metal, reinforced concrete or wood, used to support equipment associated with a wireless communication facility.

"Apartment." See "dwelling, multifamily."

"Area, lot, parcel, or site" means the horizontal area within the property lines excluding access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

"Areas, specified anatomical" means human genitals (pubic region), buttocks, or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Balcony" means a platform, less than three feet wide, that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.

"Blockface" means the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels, or property of any kind.

"Caretaker’s quarters" means a dwelling unit on the site of a commercial, industrial, public or semipublic use, occupied by a guard or caretaker.

"Carport" means a permanently roofed structure which is open on at least one side and has no door closure, for the purpose of vehicle storage; see also the definition of "garage, private."

"City" means the city of Benicia.

"Collection buildings" means buildings with a gross floor area of 225 square feet or less used for the deposit and storage of household articles or recyclables donated to a nonprofit organization.

"Collocation" means the location of two or more wireless communication facilities on a single support structure. For the purposes of this chapter, collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, communication towers and other facilities and structures.

"Community noise equivalent level (CNEL)" means the average noise level during a 24-hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours.

"Conditionally permitted" means permitted subject to approval of a conditional use permit or temporary conditional use permit.

"Convenience market" means retail sales of food, beverages and small convenience items primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. This definition excludes delicatessens and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat.

"Court." See "yard or court."

"Coverage, lot or site" means the percentage of a site covered by roofs, soffits, or overhangs extending more than two and one-half feet from a wall and by decks more than 30 inches in height.

"dBA" means a number in decibels read from a sound level meter with the meter switched to a weighing scale "A." The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.

"Deck" means a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also "balcony.")

"Depth" means the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

"Distribution line" means an electric power line bringing power from a distribution substation to consumers.

"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.

"Dwelling, multifamily" means a building containing two or more dwelling units.

"Dwelling unit" means one or more rooms with a single kitchen, designed for occupancy by one family for living and sleeping purposes.

"Entertainment, live" means regulations pertaining to live entertainment in this chapter apply to the following activities where they occur on a scheduled basis three or more days during a calendar year on the site of a use other than a public or semipublic use:

A. A comedy act, musical, theatrical, or dance recital performed by one or more persons, regardless of whether performers are compensated;

B. Any form of dancing by patrons or guests at a business establishment;

C. A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing.

"Environmental impact report (EIR)" means a report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines.

"Exemption, categorical" means an exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, based on a finding by the California Secretary for Resources that the class of projects does not have a significant effect on the environment.

"Family" means two or more persons living together as a single housekeeping unit in a dwelling unit; provided, that this shall not exclude the renting of rooms in a dwelling unit as permitted by district regulations.

"Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

"Floor area, gross" means the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet but excluding area used exclusively for vehicle parking or loading and, in industrial areas, storage sheds with less than 150 square feet of space, bunkers, electrical substations, smoking shelters, instrument shelters and similar enclosures.

"Floor area ratio (FAR)" means the gross floor area of a building or buildings on a lot divided by the lot area or site area.

"Formula business" means an eating and drinking establishment that maintains any of the following features in common with more than four other establishments in the nine Bay Area counties: standardized array of services and/or merchandise, trademark, logo, service mark, symbol, sign, decor, uniform, menu, or other similar standardized feature.

"Front building line" means the line, parallel to the street line, which passes through the point of the principal building face or corner closest to the front lot line.

"Garage, private" means a building for the private use of the owner or occupant of a principal building situated on the same lot as the principal building for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature; see also the definition of "carport."

"General plan" means the city of Benicia general plan, as amended.

"Grade, existing" means the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this title.

"Grade, street" means the top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

"Height" means a vertical dimension measured from existing grade, unless otherwise specified.

"Home occupations" means occupations conducted in a dwelling unit, garage, or accessory building in a residential district that are incidental to the principal residential use of the lot or site.

"Illumination, direct" means illumination by means of light that travels directly from its source to the viewer’s eye.

"Illumination, indirect" means illumination by means only of light cast upon an opaque surface from a concealed source.

"Lot" means a site or parcel of land under one ownership that has been legally subdivided, resubdivided, or combined.

"Lot, corner" means a site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the community development director shall determine the location of the front yard.

 

"Lot, double-frontage" means an interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.

"Lot, flag or corridor" means a lot connected to a street by an access corridor.

"Lot, interior" means a lot other than a corner lot.

"Lot, key" means the first interior lot to the rear of a reversed corner lot.

"Lot or property line, front" means, on an interior lot, the lot line abutting the street; or, on a corner lot, the shorter lot line abutting a street; or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

"Lot, reversed corner" means a corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear.

"Lot or property line, rear" means a lot line, not a front lot line, that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

"Lot or property line, interior" means a lot line not abutting a street.

"Lot or property line, side" means any lot line that is not a front lot line or a rear lot line.

"Lot or property line, street" means a lot line abutting a street.

"Municipal code" means the municipal code of the city of Benicia, as amended.

"Nonconforming sign" means a sign, outdoor advertising structure, or display of any character which was lawfully erected or displayed, but which does not conform with standards for location, size, or illumination for the district in which it is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.

"Nonconforming structure" means a structure which was lawfully erected, but which does not conform with the standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.

"Nonconforming uses" means a use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city.

"Off-street loading facilities" means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

"Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

"Open space, private" means a usable open space, adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

"Open space, shared" means an open space within a residential development reserved for the exclusive use of residents of the development and their guests.

"Open space, total" means the sum of private open space and shared open space.

"Opposite" means walls, windows, signs, districts, or property lines shall be deemed opposite if a line perpendicular to a vertical plane through one element and having its widest horizontal dimension would intersect a similar vertical plane through another element.

"Permitted" means permitted without a requirement for approval of a use permit or temporary use permit.

"Porch" means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.

"Preexisting" means in existence prior to the effective date of the ordinance codified in this title.

"Project" means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.

"Proscenium, garage" means the structural frame of a garage door.

"Room, habitable" means a room meeting the requirements of the housing code (Chapter 15.18 BMC) for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.

"Sexual activities, specified" means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts.

"Single ownership" means holding a record title, possession under a contract to purchase, or possession under a lease by a person, firm, corporation, or partnership, individually, jointly, in common or in any other manner where the property is or will be under unitary or unified control.

"Site" means a lot, or group of contiguous lots not divided by an alley, street, other right-of-way, or city limit, that is proposed for development in accord with the provisions of this title, and is in a single ownership or has multiple owners, all of whom join in an application for development.

"Soundproofed" means a structure or portion of a structure which is insulated or constructed in such a manner that sound will not penetrate from it in excess of the ambient noise levels specified in BMC 8.20.190.

"Specific plan" means a plan for a defined area that is consistent with the general plan and with the provisions of the California Government Code, Section 65450 et seq. (Specific Plans).

"Structure" means anything constructed or erected that requires a location on the ground, including a building or a swimming pool but not including a fence or a wall used as a fence, if the height does not exceed six feet, or access drives or walks.

"Structure, main" means a structure housing the principal use of a site or functioning as the principal use.

"Sunroom" means an enclosed and covered porch, deck, or patio area attached to a residence in which at least 60 percent of the exterior wall area is comprised of glazing or similar transparent material, and which, if directly accessible from the indoor living area of the residence, is separated from that area of the residence by a closable door.

"Swimming pools and hot tubs" means water-filled enclosures, having a depth of 18 inches or more, used for swimming or recreation.

"Transmission line" means an electric power line bringing power to a receiving or distribution substation.

"Tree, mature" means any tree with a diameter of 12 inches or more, measured 24 inches above existing grade.

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or structure is or may be occupied or maintained.

"Use, accessory" means a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

"Used" means and includes the following: arranged, designed, constructed, altered, rented, leased, sold, occupied, and intended to be occupied.

"Visible" means likely to be noticed by a person of average height walking on a street or sidewalk two years after installation of any planting intended to screen a view.

"Water-related" means a use or activity that directly or indirectly serves industries that use water for transportation, thereby gaining sufficient economic benefits by fronting on or being in close proximity to navigable water.

"Width" means the horizontal distance between the side property lines of a site, measured at right angles to the depth at the rear of a required front yard.

"Window, required" means an exterior opening in a habitable room meeting the area requirements of the housing code (Chapter 15.18 BMC).

"Wireless communication facility" means an unstaffed facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves, including, but not limited to, the following technologies: cellular, personal communication services (PCS), general mobile radio services (GMRS), family radio service (R/C), interactive video and data services (IVDS), low power radio service (LPRS) and paging systems. It includes antennas and all other types of equipment used in the transmission or receipt of such signals, structures designed and placed specifically to support this equipment; associated equipment cabinets and/or buildings; and other accessory development. It does not include radio and television towers, antennas or related equipment for commercial broadcast or amateur use; citizens band and any other miscellaneous telemetric and control communications systems.

"Yard or court" means an open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward or from the floor level of the structure requiring the yard or court upward except as otherwise provided in this title, including a front yard, side yard, rear yard, or court between structures.

"Yard, front" means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.

"Yard, rear" means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site, except that on a corner lot the rear yard shall extend only to the side yard abutting a street.

"Yard, side" means a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line.

"Zoning ordinance" means the zoning ordinance of the city of Benicia, as amended. (Ord. 07-12 § 1; Ord. 06-10 § 1; amended during 2004 republication; Ord. 92-9 N.S. § 5, 1992; Ord. 87-4 N.S., 1987).