Chapter 9.04
DEFINITIONS
Sections:
9.04.005 Generally.
For the purpose of carrying out the intent of this title, the words, phrases and terms included herein shall have the meaning ascribed to them in this chapter. (Ord. 806 § 1, 2007).
9.04.010 “A” definitions.
“Abut” or “abutting” shall mean the same as “adjoining” or “adjacent.”
“Access” shall mean the place 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 title.
“Accessory structure” shall mean a structure that is accessory and incidental to a dwelling located on the same lot.
“Accessory use” shall mean a use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use or adversely affect other properties in the area.
“Adjacent” shall mean two or more lots or parcels of land sharing a common boundary line, or two or more structures in physical contact with each other.
“Adjoining” shall mean the same as “adjacent.”
“Adult business” shall mean any business as defined by BGMC 9.20.045.
“Agriculture” shall mean the use of land for farming, dairying, pasturing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and including accessory activities but not limited to storage, harvesting, feeding, or maintenance of equipment, but excluding stockyards, slaughtering or commercial food processing.
“Aircraft” shall mean any device used or designed for flight in the air and capable of conveying persons or goods.
“Airport” or “aircraft landing field” shall mean any runway landing area or other facility, either privately or publicly owned and operated, which is used or intended to be used either by a public carrier or private aircraft for the landing and taking off of aircraft including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
“Alley” shall mean any public or private right-of-way, other than a street or highway, used primarily as a means of vehicular access to the side or rear of properties abutting a street or highway.
“Alteration” shall mean any change, addition, or modification to a building, which changes its overall design, function, or occupancy classification (pursuant to the California Building Code).
“Amendment” shall mean a change in the wording, context or substance of this title, or a change in the zone boundaries upon the zoning map, which is part of this title, when adopted by an ordinance approved by the city council in the manner prescribed by law.
“Amusement arcades” shall mean any place or public resort wherein five or more machines, devices or games which, upon the insertion of a coin, slug, token, plate or disc, permit a person or operator to use the device as a game, contest of skill or amusement, whether or not registering a score, which may cause a person or operator of the same to secure some amusement, enjoyment or entertainment, and which is not a gambling device or a device which tends to encourage gambling. It shall include, but not be limited to, such devices as electronic or mechanical game machines, pinball machines, skill bars, bowling machines, or any other mechanical or electronic games or operations similar thereto under whatever name they may be indicated. This definition includes Internet cafes but does not include coin-operated pool or billiard tables, coin-operated phonographs, nor any machines regulated pursuant to Chapter 9.20 BGMC, Special Uses and Applicable Standards.
“Animal, domestic” shall mean a small animal of the type generally accepted as a pet, including dogs, cats, rabbits, birds, fish, and reptiles.
“Animal, exotic” shall mean any wild animal not customarily confined or cultivated by man for domestic or commercial purposes.
“Antenna” shall mean a device used in communications that transmits or receives radio signals.
“Antenna, dish” (also known as “microwave antenna” and “satellite dish”) shall mean a disk-like antenna used to link communication facilities together by wireless transmission of voice or data.
“Antenna, ground-mounted” shall mean an antenna mounted to a pole, monopole or other freestanding structure specifically constructed for the purpose of supporting such antenna.
“Antiques dealer” shall mean a business that primarily offers for sale furniture and other collectible items at least 50 years of age, which are of good quality, decorative in intent, and to a large extent handcrafted; this definition does not include secondhand stores and/or pawnshops.
“Apartment house” shall mean a building, or a portion of a building, designed or used for occupancy by four or more families, living independently of each other and containing four or more dwelling units.
“Area” as used in this title shall mean net area unless otherwise specified.
“Area, net” shall mean that area of a lot or parcel of land exclusive of:
1. Public alleys, highways or streets; or
2. Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or
3. Other public or private easements where the owner of tenement does not have the right to use the entire surface of the land, except as otherwise provided in Chapter 9.36 BGMC, Lot Area and Width Provisions.
“Automobile body repair” shall mean collision repair or reconstruction of automobile or truck bodies within an enclosed building, including painting, but no work defined as “major automobile repair,” and may include outdoor storage of vehicles where no repair is done as an off-site primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.
“Automobile impound yard” shall mean facilities designated or maintained by a governmental agency for the temporary storage of vehicles legally removed or impounded by a peace officer from public or private property as prescribed by law.
“Automobile repair, major” shall mean engine rebuilding or major reconditioning of work or damages to motor vehicles or trailers, excluding “automobile body repair,” and may include outdoor storage of vehicles where no repair is done as an off-site primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.
“Automobile repair, minor” shall mean incidental repairs, replacement of parts, motor service to automobiles, smog state inspection, but not including any operation specified under “automobile repair, major,” and may include outdoor storage of vehicles where no repair is done as an off-site primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.
“Automobile service station” shall mean a retail business establishment limited to the sale of motor fuels and services generally required in the operation and maintenance of automotive vehicles for the convenience of travelers/commuters. These services may include the sale of petroleum products and incidental sales and servicing of tires, batteries, automotive accessories, and replacement items; washing and lubrication services; and the performance of minor automotive maintenance and repair. All servicing and repair of motor vehicles must be done inside a building. Major automotive repairs, painting, body and fender work as well as chain, automatic, or coin-operated wash racks are excluded.
“Automotive sales, rental, and/or storage” (including motorcycle, boat, and trailer equipment) shall mean any establishment that is involved with the sales, rental, or storage of automotive vehicles, including but not limited to cars, trucks, motorcycles, boats, and trailers. Said uses shall not include inoperative or impounded vehicles. Accessory activities may include minor repairs within a completely enclosed structure for maintenance of a fleet of vehicles. (Ord. 937 § 2, 2023; Ord. 919 § 2, 2021; Ord. 806 § 1, 2007).
9.04.020 “B” definitions.
“Banquet facility” (also known as “reception hall”) shall mean an establishment that holds banquets for special celebration events such as weddings, anniversaries, birthdays, etc., on a pre-scheduled basis. As part of the service provided, the facility may serve alcohol and either catered food or food prepared on the premises, if proper facilities exist, and may have music and dancing specifically for the special event only.
“Basement” shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.
“Billboard advertising” shall mean the use of a sign or signs soliciting public support or directing public attention to the sale, lease, hire or use of any objects, products, services or functions which are not produced, sold or otherwise available on the premises where such sign is erected or maintained.
“Block” means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, terminus or dead-end street, or city boundary. Any intercepting street shall determine only the boundary of the block on the side of the street that it intercepts.
“Boardinghouse” shall mean a lodging house or other building or structure maintained, advertised, or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public whether with or without meals; includes fraternity and sorority houses, but shall not include a large group home or a residential care facility for the elderly. A dwelling with six or more guest rooms shall be considered a hotel.
“Body art” means any activity or combination of activities defined herein as tattooing and/or body piercing. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure which constitutes the practice of medicine requiring license as a physician and a business operated as a medical clinic.
“Body art establishment” means any establishment where tattooing and/or body piercing takes place.
“Body permanent make-up” means the application of pigment to or under the skin of a person for the purpose of permanently or semi-permanently changing the color or appearance of the skin for cosmetic purposes, also referred to as “micropigmentation” or “permanent make-up or cosmetics.” This includes, but is not limited to, permanent or semi-permanent hair lines, eyeliner, eyebrows, or lip color.
“Body piercing” means the puncturing, perforation, or penetration of the human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow, genitals, navel, or other body surfaces for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe performed at a jewelry store, department store, jewelry kiosk located in a retail commercial center, or medical doctor’s office.
“Body tattoo/tattooing” means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of body permanent make-up that is performed as an incidental service in a medical office or beauty shop, day spa, or other similar service or commercial or retail establishment.
“Bookstore” shall mean a use that has as a substantial or significant portion of its stock in trade books, magazines, periodicals, pamphlets, or newspapers.
“Buildable area” means:
1. In R zones, any portion of a lot or building site not contained in required yards and open spaces and not exceeding the maximum percentage of the total area of the lot or building site permitted to be covered by buildings as prescribed for the zone in which the lot or building site is located.
2. In C and M zones, all of the area of a lot or site not devoted to required parking, loading facilities, setbacks or open spaces.
3. For an area contained within a site plan, the permissible buildable area shall be governed by the applicable provisions of this title concerning yards and open spaces, off-street parking, loading and unloading facilities and facilities for ingress and egress, all as correlated and shown on the map of the site plan. The buildable area as to location shall be limited to that area shown on the approved site plan.
“Building” shall mean any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind.
“Building bulk” shall mean a building’s depth, height and width.
“Building depth” shall mean the horizontal distance between the exterior walls of a building or structure parallel to the length (depth) of the lot or parcel that the building sets within.
“Building, enclosed” shall mean a building enclosed on all four sides, top and bottom by permanent walls with or without doorway and/or window openings.
“Building frontage” shall mean the side of a building, which contains the main entrance for pedestrian entrance and egress. If more than one main entrance exists, the “building frontage” shall mean the one that more nearly faces the narrowest width of the lot that said building sets within, the narrowest portion of said building, or is oriented to the street of highest classification as defined in the city of Bell Gardens general plan, as determined by the community development director.
“Building height” shall mean the vertical distance from the average natural grade as measured around the perimeter of the structure to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
“Building, main” shall mean a building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any dwelling shall be deemed to be a main building upon the lot or parcel of land on which it is situated.
“Building width” shall mean the horizontal distance between the exterior walls of a building or structure parallel to the width of the lot or parcel that the building sets within.
“Business” or “commerce” means the purchase, sale, offering for sale, or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management or occupancy of office buildings, offices, recreational or amusement enterprises or the establishment, maintenance and use of offices, structures or premises by professions and trades. (Ord. 845-U § 2, 2012; Ord. 844 § 2, 2012; Ord. 806 § 1, 2007).
9.04.030 “C” definitions.
“Camp, youth” shall mean any place with programs established for the primary purpose of providing an outdoor group living experience for children under 21 years of age with social, spiritual, educational, or recreational objectives.
“Camper” shall mean a structure designed to be mounted upon a motor vehicle and to provide facilities for camping purposes.
“Cannabis” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis cultivation” shall have the same meaning as Section 26001(m) of the Business and Professions Code, and includes any commercial activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation, as defined herein, does not include the personal cultivation at a private residence of up to six plants as authorized by state law for personal use.
“Cannabis manufacturing” shall have the same meaning as Section 26001(aj) of the Business and Professions Code, and includes activities that compound, blend, extract, infuse, package, label or otherwise make or prepare a cannabis product.
“Cannabis products” shall have the same meaning as in Section 11018.1 of the Health and Safety Code, and includes such products that are intended for use on, or consumption by, an animal. Cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.
“Cannabis retail” shall have the same meaning as Section 26001(av) of the Business and Professions Code, and includes a person who is engaged in the retail sale and delivery of cannabis or cannabis products to customers. Delivery of cannabis and cannabis products shall also include the use of a technology platform by a cannabis retailer to conduct the commercial transfer of cannabis and cannabis products.
“Cannabis state licensee” shall have the same meaning as Section 26001(ac) of the Business and Professions Code, and includes a person holding a license pursuant to the Medical and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) whether the holder of an A-license or M-license, as defined in Section 26001 of the Business and Professions Code.
“Cannabis testing laboratory” shall have the same meaning as Section 26001(ax) of the Business and Professions Code, and includes a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and (2) licensed by the California Department of Cannabis Control, or statewide body charged with regulating commercial cannabis activities.
“Car wash” means a facility where the cleaning of motor vehicles is the primary activity. As part of its operation, a car wash may include ancillary retail and service business such as the sale and dispensing of gasoline and vehicle detailing work.
“Carport” shall mean a permanently roofed structure with not more than three enclosed sides, used or intended to be used for automobile shelter and storage.
“Casino resort” shall mean a business, activity or enterprise conducting card gaming, as defined by and licensed under the provisions of Chapter 5.25 BGMC, Card Club License Regulations, and which includes any business activities thereto that are conducted on the casino resort site or appurtenant or ancillary structures and uses such as, but not limited to, food, beverage, nightclubs, retail shops, business offices, event centers, dance halls, hotel accommodations, fitness and spa facilities, event halls, business offices, and valet services.
“Cellar” shall mean the same as “basement.”
“Cemetery” shall mean land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. “Cemetery” includes columbaria, crematories and mausoleums, and may include mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery.
“Center line” shall mean a line established by the city engineer and designed as “center line,” “proposed center line,” “adopted center line,” or “construction center line” on a series of maps entitled “County Surveyor Maps” or “County Surveyor Field Maps” on file in the office of the county engineer. For the purpose of this title, where two or more such designations are shown on any map in said series of maps for such line, the line labeled “proposed center line” is deemed to be the official center line.
“Children’s home” shall mean one or more buildings used for the semi-permanent 24-hour care of orphans or other children under 16 years of age deprived of parental care, operated by a public agency or a philanthropic or charitable organization, but shall not include commercial enterprises operated by such organizations or a correctional institution.
“Church” shall mean a place where a group of more than 10 people gather for worship, studies, and/or special events related to their particular religious beliefs.
“City” shall mean the city of Bell Gardens.
“City council” shall mean the city council of the city of Bell Gardens.
“City engineer” shall mean the city engineer of the city of Bell Gardens.
“Clinic” shall mean a building used solely for the purpose of consultations, diagnosis and treatment of patients, by two or more legally qualified physicians, dentists, optometrists, chiropodists, chiropractors or drugless practitioners, together with their qualified assistants, and without limiting the generality of the foregoing, the building may include administrative offices, waiting rooms, laboratories, pharmacies or dispensaries directly associated with the clinic, but shall not include accommodation for inpatient care or operating rooms for major surgery.
“Club, country” shall mean a private club organized and operated for social purposes and possessing outdoor recreational facilities, such as golf courses, tennis courts or polo grounds.
“Club, private” shall mean any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
“Code” shall mean a code of the city of Bell Gardens.
“Collection facility” shall mean a facility that accepts (donation, redemption or sale) recyclable materials from the public. Such a facility does not use power-driven processing equipment except for bulk reverse vending machines. A collection facility may include the following:
1. Reverse vending machine(s).
2. A small collection facility that occupies an area of not more than 500 square feet, and may include:
a. A mobile recycling center as defined herein.
b. Kiosk-type units and bulk vending machines.
c. Unattended containers placed for the donation of recyclable materials.
3. A large collection facility that occupies an area of more than 500 square feet and includes permanent structures.
“Commission” shall mean the planning commission of the city of Bell Gardens.
“Communication equipment building” shall mean a building housing operating mechanical or electronic switching equipment of a telephone or similar communication system and personnel necessary for operation of such equipment.
“Community apartment project” shall mean an undivided interest in the land coupled with the right of exclusive occupancy of any apartment located thereon.
“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 in an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either (1) an estate of inheritance or perpetual estate; (2) an estate for life; or (3) an estate for years, such as a leasehold or a subleasehold (Section 783 of the California Civil Code).
“Condominium conversion” shall mean the conversion of existing developed real property into a condominium, a community apartment project, or a stock cooperative.
“Condominium project” shall mean a proposed development or an existing building proposed for conversion to a condominium, stock cooperative or community apartment project through approval of a conditional use permit and a tract or parcel map pursuant to the Bell Gardens division of land ordinance and the State Subdivision Map Act.
“Contiguous” shall mean the same as “adjoining.”
“Convalescent home” shall mean the same as “rest home.”
“Convenience store” shall mean any store with a total area of less than 5,000 square feet where food is sold alone or in combination with other goods and/or services.
“Conversion” shall mean a change in ownership status from a rental or lease form of occupancy to a condominium, stock cooperative or community apartment project.
Cottage Food Operation. A “cottage food operation,” as that term is defined in California Health and Safety Code 113758(a), as may be amended from time to time, is a residential use permitted wherever residential uses are allowed, including legal nonconforming residential uses, subject to the procedures and requirements of BGMC 9.20.096, “Cottage food operations.”
“County” shall mean the county of Los Angeles.
“Courtyard” shall mean any portion of the interior of a lot or building site which is fully or partially surrounded by buildings, and which is not a required yard or open space.
“Covenants, conditions and restrictions” (also known as “CC&Rs”) shall mean the declaration of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a condominium project. (Ord. 934 § 3, 2023; Ord. 858 § 2, 2014; Ord. 848 § 2, 2013; Ord. 806 § 1, 2007).
9.04.040 “D” definitions.
“Dairy” shall mean any premises where three or more cows or goats, or any combination thereof equaling three or more animals, are kept or maintained for the purpose of producing milk.
“Dance halls” shall mean one of several establishments created for the purpose of dancing for entertainment, recreation, or instruction as defined in Chapter 5.28 BGMC, Dance Halls.
Dance School. Refer to “Instructional studio.”
“Day care center” shall mean any facility, institutional in character, providing nonresident day care and supervision for 15 or more children under 16 years of age, as defined and licensed by the Department of Social Welfare of the state of California. “Day care center” includes all types of group day care programs including, but not limited to, preschools for children under the minimum age for admission to public schools, parent-cooperative nursery schools, play groups of preschool children, and programs giving after-school care to school-age children. A day care center shall comply with the minimum building floor area requirements of the state for number of children allowed.
“Day care center, adult” shall mean a state-licensed community care facility for the regular care and supervision of the elderly, developmentally disabled adults, or mentally disordered adults for periods of less than 24 hours with incidental non-acute medical care and a variety of social and related support services in a nonresidential setting, as defined and licensed under the Community Care Licensing Division of the state Department of Social Services. Adult day care centers shall include the various types of adult day care services as defined under state law and periodically amended, which includes adult day care facilities, adult social day care facilities, and adult day health care facilities. (Adopted per Ord. No. 798, 3/29/06)
“Day care, large family” shall mean any facility, noninstitutional in character, providing nonresident day care only for nine to 14 children under 16 years of age, as defined and licensed by or under the regulations of the Department of Social Welfare of the state of California.
“Day care, small family” shall mean any family residence, noninstitutional in character, providing nonresident day care only for not more than eight children under 16 years of age, as defined and licensed by or under the regulations of the Department of Social Welfare of the state of California.
“dBA” shall mean the number, in decibels, which is read from a sound level meter with the meter switched to its weighting scale labeled “A.” The number is an approximate measurement of the relative noisiness or annoyance level of common sounds.
“Density” shall mean the number of dwelling units per gross acre, unless otherwise stated in this title.
“Density bonus” shall mean a 25 percent density increase over the otherwise maximum allowable residential density provided in this title, as required by state regulations governing affordable housing density bonuses.
“Department” shall mean the community development department of the city of Bell Gardens unless otherwise specified.
“Detached living quarters” shall mean the same as “guest house.”
“Director” shall mean the director of community development of the city of Bell Gardens.
“Disabled person” means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term “disabled person” does not include a person who is currently illegally using or is being treated for the use of any controlled substances, unless that person has a separate medical, physical, or mental disability.
“Dormitory” shall mean a building intended or used principally for sleeping accommodations, where such building is related to an educational or public institution, including religious institutions but excluding fraternities and sororities.
“Drive-through” shall mean a business whereby motorists can obtain service by pulling up to a drive-through window with their vehicle without having to exit or turn off their vehicles (e.g., fast-food, pharmacy, cleaners).
“Dry cleaner” shall mean a business primarily serving the general public in which clothing and other fabric items are cleaned by nonvolatile materials and chemicals on the premises.
“Duplex” shall mean the same as “dwelling, two-family.”
“Dwelling” shall mean a building or portion thereof, or a mobile home as defined herein, designed or used exclusively for residential purposes, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, lodging or boardinghouses, dormitories or convents.
“Dwelling, attached” shall mean a unit sharing a common wall of at least 10 feet in length with another unit.
“Dwelling, multiple” shall mean three or more detached or attached units on one parcel designed for occupancy by three or more families living independently of each other.
“Dwelling, one-family (or single-family)” shall mean a detached building or a mobile home as defined herein, designed or used exclusively for occupancy by one family and containing one dwelling unit.
“Dwelling, two-family” shall mean two detached or attached units on one parcel designed or used exclusively for occupancy by two families living independently of each other.
“Dwelling unit” shall mean one or more rooms designed for occupancy by one family for nontransient living and sleeping purposes and containing one kitchen for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. Any living area which is designed for occupancy of more than 30 days and which has a separate food preparation area, bathroom and one or more habitable rooms with independent outside access shall be deemed a separate dwelling unit regardless of whether it is in the same building as or immediately adjacent to another dwelling unit. (Ord. 893 § 2, 2020; Ord. 854 § 2, 2013; Ord. 806 § 1, 2007).
9.04.050 “E” definitions.
“Easement” shall mean a grant of one or more of the property rights by the property owner to and/or for the use or benefit by the public, a corporation, or other person or entity.
“Easement, public service” shall mean a surfaced drive improved to city standards providing access for public service vehicles, city emergency vehicles, and the trash contractor, but not for use by the general public. A public service easement also includes reservation for all utilities, sewers and drainage purposes. Surface maintenance is by the property owner, similar to a private street.
“Educational institution” shall mean a private or public school with a set curriculum as determined by the Education Code of the state of California and in which no pupil is physically restrained (i.e., juvenile hall).
“Electric distribution substation” shall mean an assembly of equipment which is part of a system for the distribution of electric power, where electric energy is received at a sub-transmission voltage and transformed to a lower voltage for distribution for general consumer use.
“Electric transmission substation” shall mean an assembly of equipment which is part of a system for the transmission of electric power, where electric energy is received at very high voltage from its source of generation by means of a network of high-voltage lines and where, by means of transformers, said high voltage is transformed to a lower sub-transmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power-producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.
“Electric vehicle (EV)” shall have the same meaning set forth in Section 202 of the California Green Building Standards Code and shall mean an automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are “electric vehicles.” Off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not “electric vehicles.”
“Electric vehicle charging space” shall have the same meaning set forth in Section 202 of the California Green Building Standards Code and shall mean a space intended for charging electric vehicles.
“Electric vehicle supply equipment” shall have the same meaning set forth in Section 202 of the California Green Building Standards Code and shall mean the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fitting devices, power outlets, or apparatus installed specifically for transferring energy between the premises’ wiring and the electric vehicle.
“Emergency shelter” means a residential facility, other than a residential care facility, operated by a provider which provides temporary accommodations to persons or families for a time period not to exceed six months per calendar year and which offers accommodations on a first-come, first-served basis. For purposes of this definition, a “provider” shall mean a government agency or private nonprofit organization which provides or contracts with recognized community organizations to provide emergency or temporary shelter, and which may also provide meals, counseling and other services, as well as common areas for residents of the facility.
“Equipment, heavy” shall mean high-capacity mechanical devices for moving earth or other materials, mobile power units including, but not limited to, carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, caterpillars, concrete mixers and conveyors, and similar devices operated by mechanical power as distinguished from manpower.
“Explosives” shall mean any mixture, substance or compound having properties of such a character that, alone or in combination or contiguity with other substances or compounds, it may decompose suddenly and generate sufficient heat, gas or pressure to produce rapid flaming combustion or administer a destructive blow to surrounding objects. (Ord. 938 § 3, 2023; Ord. 851 § 2, 2013; Ord. 806 § 1, 2007).
9.04.060 “F” definitions.
“Fair housing laws” means the Federal Fair Housing Act (42 U.S.C. Section 3601 and following) and the California Fair Employment and Housing Act (Government Code Section 12955 and following) including amendments and successor provisions thereto.
“Family” shall mean an individual or two or more persons living together as a bona fide housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitment to each other, as distinguished from a group occupying a boardinghouse, lodging house, club, dormitory, fraternity, sorority, hotel, motel, retirement complex or rehabilitation facility.
“Floor area” shall mean the floor space contained within the exterior walls of all buildings on a lot, except for the space therein devoted to stairwells, elevator shafts, light courts, and the area on the ground floor of a main building devoted exclusively to parking of motor vehicles, or the portion of the area in an accessory building used for parking of motor vehicles (i.e., parking structure).
“Floor area ratio (FAR)” shall mean the ratio of all enclosed and usable floor area of the building(s) (including the space therein devoted to stairwells, elevator shafts, light courts, hallways, restrooms, storage areas, etc.) to the total area of the parcel or parcels upon which the building(s) is/are located, including required garage space. A basement, carport, or nonrequired garage having an interior height of less than 10 feet from floor plate to top plate is not included in floor area ratio.
“Food preparation area” shall mean a space where food is typically stored, cleaned, prepared and/or cooked. The area includes a sink, counter and an appliance that can be used to warm or cook food.
“For pay” shall mean for a fee, reward, donation, loan, or receipt of any value.
“Fortuneteller” shall mean a commercial enterprise engaged in the telling of fortunes, forecasting of futures or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, for or without pay, by means of any occult or psychic power, facility or force, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, foresight, crystal gazing, oriental mysteries or magic of any kind or nature.
“Freeway” shall mean a highway in respect to which the owners of adjoining lands have no right or easement of access to or from their adjoining lands, or in respect to which such owners have only limited or restricted right or easement of access and which is declared to be such in compliance with the Streets and Highways Code of the state of California, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but not including frontage roadways.
“Furniture refinishing shop” shall mean a business serving the general public where the treatment of furniture with solvents, stains, polish, paint or similar application having toxic and/or flammable characteristics is done on the premises. (Ord. 854 § 3, 2013; Ord. 806 § 1, 2007).
9.04.070 “G” definitions.
“Garage, commercial” shall mean a building enclosed on all sides, used for the care, repair or equipping of automobiles or where such vehicles are stored or are kept for hire or sale.
“Garage, residential” shall mean an accessory building or an accessory portion of the main building enclosed on all sides, which is used or intended to be used for automobile shelter or storage of vehicles owned or operated only by the occupants of the main building or buildings.
“Golf course” shall mean a parcel of land used for playing golf, improved with tees, greens, fairways, hazards, and which may include support facilities (e.g., clubhouse, restaurant, gift shop, driving range).
“Grade, adjacent ground elevation” shall mean the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.
“Grade, average natural” shall mean the average grade elevation prior to grading of the existing surface of the ground, paving or sidewalk within the area between a proposed building and the property line or, when the property line is more than five feet from the proposed building, between the proposed building and a line five feet from the proposed building.
“Grade, existing” shall mean the surface of the ground, paving or sidewalk at a stated location, as it exists prior to disturbance in preparation for a project regulated by this title.
“Grade, finished” shall mean the average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.
“Gradient” shall mean the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance.
“Granny flat” shall mean a residential unit, as defined in Government Code Section 65852.1, used for the sole purpose of housing the property owner’s elderly parents and/or other relatives without rental fees and in compliance with all of the provisions of this title.
“Group home, large” shall mean any family home, group housing arrangement or similar residential care facility as determined by the Director of the State Department of Social Services that is licensed to shelter and care for more than six persons of legal age, providing 24-hour nonmedical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Such facilities require state licensing.
“Group home, small” shall mean any family home, group care facility or similar facility as determined by the Director of the State Department of Social Services that is licensed to shelter and care for six or fewer persons of legal age in a dwelling, providing 24-hour nonmedical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Such facilities require state licensing.
“Guest house” shall mean living quarters located within an accessory structure located on the same premises with a main structure and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall have no kitchen and shall not be rented or otherwise used as a separate dwelling unit. (Ord. 806 § 1, 2007).
9.04.080 “H” definitions.
“Habitable space” shall mean any enclosed space that meets the requirements of the Bell Gardens building code for human occupancy.
“Health club” shall mean a commercial facility providing instruction and/or equipment designed to promote or improve the health of its users through exercise.
Height. See “Building height.”
“Heliport” shall mean any helicopter landing area, either at ground level or located on a structure, licensed or approved for, used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.
“Helistop” shall mean any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo but shall not include other appurtenant facilities permitted at a heliport other than a shelter for passengers.
“Highway” shall mean a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. A highway includes streets and alleys and as used in this title shall include a parkway, major or secondary highway or freeway as defined by the highway plan of the city of Bell Gardens general plan circulation element.
“Home for aged persons, foster family” shall mean any family residence, noninstitutional in character, providing 24-hour care for not more than four aged persons 60 years of age or older, as defined and licensed by or under the regulations of the Department of Social Welfare of the state of California.
“Home for aged persons, small group care” shall mean any facility, noninstitutional in character, providing 24-hour care for between five and 15 aged persons 60 years of age or older, as defined and licensed by or under the regulations of the Department of Social Welfare of the state of California.
“Home for children, foster family” shall mean any family residence, noninstitutional in character, providing 24-hour care for not more than six children under 16 years of age, as defined and licensed by or under the regulations of the Department of Social Welfare of the state of California.
“Home for children, special boarding” shall mean any facility, noninstitutional in character, providing 24-hour care for between seven and 15 children under 16 years of age, as defined and licensed by or under the regulations of the Department of Social Welfare of the state of California, Welfare and Institutions Code Section 9018.
“Home improvement center” shall mean a business which stocks and primarily sells to the general public a wide range of materials, products and durable goods usually needed for the improvement, construction, maintenance or repair of property. Such items for sale include, but are not limited to, electrical, mechanical and plumbing supplies and fixtures, tools, paint, lumber, garden equipment and plants, outdoor furniture and general goods or appliances for household use.
“Home occupation” shall mean occupation, calling or profession carried on by a resident of a dwelling unit, as an accessory use.
“Home occupation operator” shall mean any resident utilizing the residence to operate a home occupation.
“Hospital” shall mean any institution, place, building or agency licensed by the Departments of Public Health or Mental Hygiene of the state of California, which maintains and operates organized facilities for the diagnosis, care, and treatment of human illness, including convalescence and including care during and after pregnancy. “Hospital” includes sanitariums, sanatoriums, convalescent homes, nursing homes and maternity homes.
“Hospital, animal” shall mean any facility providing medical or surgical treatment, clipping, bathing, and other services, including incidental boarding, to dogs, cats and other small animals. Use as a kennel shall be limited to short-time boarding and shall be incidental to the principal use as described above.
“Hotel” shall mean any building or portion of any building with access provided through a common entrance lobby or hallway to six or more guest rooms, having no cooking facilities, and which rooms are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests for periods of 30 or fewer consecutive calendar days for compensation, and where no provision is made for cooking in any individual room or suite. A hotel may include a building in which there is one apartment for use by the resident manager, but it shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, single-room occupancies, and similar buildings where human beings are housed or detained under legal restraint or for care or treatment. A hotel may include ancillary retail and service businesses which provide a convenience to the traveling public; such businesses include, but are not limited to, gift shops, tour and/or travel agencies and car rental services.
“Household pet” shall mean any domestic animal.
“Housing for the elderly” shall mean dwelling units in a structure constructed or intended for the exclusive occupancy of persons 62 years of age or older and their spouses; provided, however, that adult handicapped persons may occupy not to exceed 10 percent of the units in the structure. (Added by Ordinance No. 388, effective July 26, 1978.)
“Housing unit” shall mean a dwelling unit as defined in BGMC 9.04.040, “D” definitions.
“Human service agency” shall mean any office or facility on privately held property operated and/or funded by a governmental, quasi-governmental or nonprofit entity other than the city which provides human services such as counseling, training, rehabilitation, shelter, medication and/or food assistance. (Ord. 938 § 4, 2023; Ord. 917 § 2, 2021; Ord. 806 § 1, 2007).
9.04.090 “I” definitions.
“Institution for aged persons, private” shall mean any facility, institutional in character, providing 24-hour care for 16 or more aged persons 65 years of age or older, as defined and licensed by the Department of Social Welfare of the state of California.
“Institution for children, private” shall mean any facility, institutional in character, providing 24-hour care for 16 or more children less than 16 years of age, as defined and licensed by the Department of Social Welfare of the state of California.
“Instructional studio” shall mean a business or nonprofit establishment engaged in teaching dance, yoga, music, martial arts, boxing, art, or any other form of instruction involving two or more students at any one time.
“Internet cafe” shall mean the same as an “amusement arcade” except that computers and Internet service take the place of or complement electronic or mechanical game machines, pinball machines, skill bars, bowling machines, or any other mechanical or electronic games or operations associated with an amusement arcade. (Ord. 806 § 1, 2007).
9.04.100 “J” definitions.
Reserved. (Ord. 806 § 1, 2007).
9.04.110 “K” definitions.
“Kennel (dog or cat)” shall mean any lot, building, structure, enclosure or premises whereupon or wherein three or more dogs over four months of age, three or more cats over four months of age, or any combination thereof are kept or maintained for any purpose, including places where these animals are boarded, kept for sale or kept for hire. (Added by Ordinance No. 259, effective January 29, 1971.)
“Kitchen” shall mean any space within a building designed, intended to be used or used for the cooking or the preparation of food. (Ord. 806 § 1, 2007).
9.04.120 “L” definitions.
“Land reclamation project” shall mean a project established to restore otherwise unsuitable land to useful purposes through the use of fill materials such as rubbish, waste, soil and other unwanted materials. “Land reclamation project” shall include a dump or waste disposal facility.
“Landscaping” shall mean the planting and maintenance of some combination of live trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination or design may include natural features such as rock and stone; and structural features, including but not limited to fountains, reflecting pools, art works, screens, walls, fences and benches.
“Lot” shall mean:
1. A parcel of real property which is shown as a lot in a subdivision recorded as a final map with a number or other designation, on a plat recorded in the office of the county recorder of Los Angeles County; or
2. A parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the state of California, in the office of the county recorder of Los Angeles County; or
3. A parcel of land registered under the land title law (Torrens Title), and held under separate ownership from adjacent property on the effective date of the ordinance codified in this title.
“Lot area” shall mean the total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land.
“Lot, corner” shall mean a lot or parcel of land situated at the intersection of two or more streets and/or highways, which streets or highways have an angle of intersection, measured within said lot or parcel of land, of not more than 135 degrees.
“Lot coverage” shall mean the total footprint of all structures on a lot (including porches, landings, breezeways, patios and patio covers, and decks higher than 30 inches at any point) divided by the total lot area. “Lot coverage” shall not include pools or wall/fence enclosures less than six feet in height and shall be calculated as follows:
C = Percent of lot coverage
B = Sum of all structural footprint areas
L = Lot area
Formula:
|
C = |
B |
x 100.0 |
|
L |
“Lot depth” shall mean the horizontal distance measured between the midpoints of the front and rear lot lines.
“Lot frontage” shall mean the side of a lot abutting a street.
“Lot, interior” shall mean a lot or parcel of land other than a corner lot.
“Lot, key” shall mean an interior lot adjoining the rear lot line of a reversed corner lot.
“Lot line, front” shall mean a line separating an interior lot from a street or highway, or a line separating the narrower street frontage of a corner lot from the street or highway.
“Lot line, rear” shall mean a lot line, which is opposite and most distant from the front lot line. For a triangular or gore-shaped lot, the “rear lot line” shall mean a line 10 feet in length within the lot, which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line.
“Lot line, side” shall mean any lot boundary line which is not a front lot line or rear lot line.
“Lot, reversed corner” shall mean a corner lot, the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land, which adjoins the rear lot line of said corner lot.
“Lot, through” shall mean an interior lot having a frontage on two streets and/or highways from opposing sides.
“Lot width” shall mean the horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance midway between the front and rear lot lines. (Ord. 893 § 2, 2020; Ord. 806 § 1, 2007).
9.04.130 “M” definitions.
“Major transit stop” shall have the same meaning set forth in California Public Resources Code Section 21155.
“Manufactured home or unit” shall mean a factory-built or manufactured home or unit, including mobile homes, as permitted by the state of California and/or federal law.
Massage Establishment. Refer to BGMC 5.46.020.
“Medical clinic” shall mean any facility providing physical or mental health service, and medical or surgical care of the sick or injured, but shall not include inpatient or overnight accommodations. “Medical clinic” includes health clinics and doctors’ offices.
“Microwave station” shall mean a building housing equipment necessary for the receiving, amplifying or transmitting of microwave signals, including necessary antenna systems, along a communications route which employs microwave frequencies assigned by the Federal Communications Commission.
“Mobile home” shall mean a residential dwelling transportable in one or more sections, designed and equipped to contain not more than one dwelling unit, as certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.), and installed on a permanent foundation system in accordance with California Health and Safety Code Section 18551 or the regulations promulgated thereunder. “Mobile home” does not include a recreational vehicle.
“Mobile home park” shall mean any lot or parcel of land where trailer sites are rented or leased, or offered for rent or lease, for two or more trailer coaches.
“Motel” shall mean a group of attached or detached buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building, with garage attached or automobile storage space conveniently located on the lot or parcel of land, and which is designed, used or intended to be used wholly or in part for the accommodation of automobile transients. “Motel” includes auto courts, motor lodges, and tourist courts.
“Motor vehicle” shall mean a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 938 § 5, 2023; Ord. 806 § 1, 2007).
9.04.140 “N” definitions.
“Net area” shall mean the total area within the lot lines of a lot or parcel of land after public street easements or other areas dedicated or reserved for public use are deducted from such lot or parcel.
“Newsrack” shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers or periodicals.
“Nonconforming structure” shall mean any structure or improvement that was lawfully 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 title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
“Nonconforming use” shall mean any use of land or property that was lawfully 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 title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located. (Ord. 806 § 1, 2007).
9.04.150 “O” definitions.
“Open space” shall mean any landscaped area used for gathering, picnicking, sitting, walking, resting or recreational activities associated with outdoor sporting events. “Open space” may include hardscape materials such as water fountains, arbors, benches, and tables. For the purposes of required open space for development projects, landscaping within required building setbacks or areas less than six feet in width shall not be considered open space.
“Ordinance” shall mean an ordinance of the city of Bell Gardens.
“Outside storage” shall mean the storage of commodities, goods and/or refuse outside of an enclosed building. (Ord. 806 § 1, 2007).
9.04.160 “P” definitions.
“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.
“Parking space” shall mean a readily accessible area, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one motor vehicle.
“Parkway” shall mean a parkway shown as such on the highway plan of the circulation element of the general plan of the city of Bell Gardens.
“Pawnshop” means a retail establishment engaged in the business of receiving personal property, including motor vehicles, in pledge as security for a loan, and/or of purchasing articles of personal property, including motor vehicles and reselling or agreeing to resell such articles to a third party at prices agreed upon with the person selling the property at or before the time of such purchase.
“Permitted use” shall mean any use allowed in a zoning district, subject to the restrictions applicable to that permitted use within said zoning district.
“Person” shall mean any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, political subdivision, foreign country, or any other group or combination acting as a unit.
“Planned development” shall mean the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.
“Public utility service center” shall mean any building or premises used for the administration of public utility repair, maintenance and installation crews, including parking for vehicles, not to exceed one and one-half tons rated capacity, but not including warehouses or storage yards.
“Public utility service yard” shall mean any building or premises used for the office, warehouse, storage yard, or maintenance garage of a public utility, including microwave repeater stations when incorporated as a part of the service yard use. (Ord. 866 § 2, 2015; Ord. 806 § 1, 2007).
9.04.170 “Q” definitions.
Reserved. (Ord. 806 § 1, 2007).
9.04.180 “R” definitions.
“Reasonable accommodation” means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, which may include yard area modifications to accommodate ramps, handrails, or other such accessibility improvements; reduced landscape requirements; hardscape additions such as widened driveways, parking area or walkways; building additions for accessibility, removal, and/or reduced off-street parking where the disability clearly limits the number of people operating vehicles when necessary to eliminate barriers to housing opportunities. Reasonable accommodation does not include an accommodation which would (1) impose undue financial or administrative burden on the city, or (2) require a fundamental alteration in the nature of the city’s land use and zoning program.
“Reception hall” shall mean the same as “banquet facility.”
“Reconstruction” shall mean to construct again, re-establish, and/or reassemble, not including the construction of additional square footage to the existing building.
“Recorder” shall mean the recorder of the county of Los Angeles.
“Recreational vehicle” shall mean a motor home, 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 220 square feet, excluding built-in equipment such as wardrobe closets, cabinets, kitchen units or fixtures, bathrooms, and toilet rooms.
“Recycling center (light)” shall mean a light processing facility for clean recyclables that occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light recycling activities shall be within enclosed buildings only, and are limited only to baling, compacting, sorting of source-separated recyclable materials, and storage of baled and/or unbaled materials (per Ordinance No. 655).
“Residence” shall mean one or more rooms designed, used or intended to be used as permanent living quarters for a family and not as temporary or overnight accommodations.
“Residential care facility” means a family care home, foster home, or group home facility authorized, certified, or licensed by the state to serve disabled persons.
“Rest home” shall mean a home offering or providing lodging, meals, nursing, dietary, or other personal services to convalescents, invalids or aged persons, but does not include surgery or the care of persons with contagious or communicable diseases. “Rest home” includes “convalescent home” and “home for aged persons.”
“Restaurant” shall mean a bona fide eating establishment as defined by the State of California Business and Professions Code, Alcoholic Beverage Control Act, Section 23038.
“Retail business or store” shall mean a building wherein goods, wares, merchandise, substances or articles are offered for sale to the general public, and may include the storage of goods, wares, merchandise, substances or articles, and shall not include any other use defined herein.
“Reupholstery shop” shall mean a business serving the general public where the repair, refurbishing and/or reupholstery (but not refinishing) of used furniture or automobiles are done on the premises within a fully enclosed structure.
“Room” shall mean an unsubdivided portion of the interior of a dwelling excluding bathrooms, kitchens, closets, hallways, and service porches.
“Room, guest” shall mean one room, which does not contain cooking facilities and is designed, used or intended to be used as temporary sleeping accommodations for any person.
“Roominghouse” shall mean the same as “boardinghouse.” (Ord. 854 § 4, 2013; Ord. 852 § 2, 2013; Ord. 806 § 1, 2007).
9.04.190 “S” definitions.
“Sanitarium” and “sanatorium” shall mean the same as “hospital.”
“School” shall mean an institution of learning, which offers instruction in the several branches of learning and study required to be taught in the public school by the Education Code of the state. A school may be publicly or privately owned and operated.
“School, trade or vocational” shall mean a private school offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, beauty colleges, business colleges, electronic schools, and similar commercial establishments.
“Secondhand store” shall mean the same as a “thrift store” or “pawnshop” defined as a business engaged in the sale and display of used merchandise (with the exception of antiques and video games) whereby the amount of used items sold and displayed is more than 25 percent of the gross floor area, display area, or sales receipts.
“Self-storage facility” shall mean an establishment serving the public where customers rent or lease, and have direct access to, individual storage areas, compartments, or rooms within a larger structure or structures providing storage use, exclusively for personal property. (Adopted per Ord. No. 798, 3/29/06)
“Setback” shall mean the required distance that a building, structure, parking or other designated item must be located from a lot line, building, structure or other designated item.
“Sign” shall mean any method of display, or part thereof, for visual communication that shall include any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interests of any person, business, group or enterprise, and shall include accessory signs and outdoor advertising. Refer to Chapter 9.40 BGMC for additional sign definitions.
“Single room occupancy” (SRO) housing means a residential facility, other than a residential care facility, operated by a provider which offers housing consisting of single-room dwelling units that is the primary residence of its occupant or occupants. For purposes of this definition, a “provider” shall mean a government agency or private nonprofit organization which provides or contracts with recognized community organizations to provide SRO housing. SRO residential units must contain either food preparation or sanitary facilities or may contain both.
“Sloping terrain” shall mean any ground surface having a rate of incline or decline of greater than 10 percent gradient.
“Solid fill” shall mean any noncombustible materials insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.
“Solid fill project” shall mean any operation on a parcel of land where more than 1,000 cubic yards of solid fill materials are deposited for any purpose, including the grading or reclaiming of land.
“Specially designated project” as described in Government Code Section 65863.2 shall mean a housing project specifically designed with a minimum of 20 percent of the total number of housing units within the proposed development project to very-low-, low-, or moderate-income households, students, the elderly, or persons with disabilities, the entire development project is fewer than 20 housing units, or the development is subject to parking reductions based on the provisions of any other applicable law.
“State” shall mean the state of California.
“Stock cooperative” shall mean a corporation which is formed or availed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, the title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificates in the corporation held by the person having such right of occupancy (Section 11003.2 of the California Business and Professions Code). “Stock cooperative” also includes a limited equity housing cooperative as defined in Section 11003.4 of the Business and Professions Code.
“Story” shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. That portion of a building between a floor and a floor above, more than 50 percent of the volume of which is below grade, shall not be considered a story unless chargeable for parking.
“Story, half” shall mean a story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.
“Street” shall mean a public or private right-of-way, other than a parkway, major or secondary highway, freeway, or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.
“Structure” shall mean anything constructed or erected which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.
“Structure, advertising” shall mean any off-site structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs, including billboards.
“Studio apartment” shall mean the same as a “bachelor apartment,” which is defined as a dwelling unit that combines kitchen, living and sleeping facilities into one room in an apartment house and has a minimum area of 550 square feet.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population (homeless, physically or developmentally disabled, mentally ill), and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Health and Safety Code Section 50675.14). (Ord. 938 § 6, 2023; Ord. 851 § 2, 2013; Ord. 806 § 1, 2007).
9.04.200 “T” definitions.
“Telephone repeater station” shall mean a building used for housing amplifying equipment along aerial or underground telephone cable routes.
“Trailer” shall mean a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. “Trailer” includes semi-trailers.
“Trailer coach” shall mean any vehicle, other than a motor vehicle, designed or used for human habitation and constructed to travel on the public thoroughfares in accordance with the provisions of the California State Vehicle Code.
“Trailer park” shall mean the same as “mobile home park.”
“Trailer site” shall mean that portion of a mobile home park designated for use or occupancy of one trailer coach and including all appurtenant facilities thereon.
“Transfer station” shall mean an area, including any necessary buildings or structures, for the temporary storage and the salvage of rubbish, garbage, or industrial waste.
“Transitional housing” means housing configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (Health and Safety Code Section 50675.2(h)) (Ord. 851 § 2, 2013; Ord. 806 § 1, 2007).
9.04.210 “U” definitions.
“Use” includes construction, establishment, maintenance, alteration, moving onto, enlargement, operation or occupancy. (Ord. 806 § 1, 2007).
9.04.220 “V” definitions.
“Variance” shall mean a modification of a literal provision of this title, granted by an administrative or quasi-judicial act in accordance with the provisions of this title.
“Veterinary clinic, small animal” shall mean any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anesthetic. (Ord. 806 § 1, 2007).
9.04.230 “W” definitions.
“Warehouse” shall mean a building or structure or portion thereof used or intended to be used for the bulk storage of goods, merchandise or material within an enclosed building.
“Wild animal” shall mean any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles. “Wild animal” does not include an animal which is commonly maintained in residence with man. (Ord. 806 § 1, 2007).
9.04.240 “X” definitions.
Reserved. (Ord. 806 § 1, 2007).
9.04.250 “Y” definitions.
“Yard” shall mean an open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.
“Yard, front” shall mean a yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and the front plane of the primary structure on the lot, exclusive of unenclosed porches.
“Yard, landscaped” shall mean an open area or areas devoted primarily to the planting and maintaining of trees, grass, shrubs, and plants together with sufficient permanent irrigation installation to properly maintain all vegetation. Complementary features, such as fountains, pools, screens, decorative lighting, sculpture and outdoor furnishings, may be placed within said area.
“Yard, rear” shall mean a yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.
“Yard, side” shall mean a yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street or highway, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street or highway side, where said side lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and the street-side plane of the primary structure on the lot, exclusive of unenclosed porches and/or patio covers.
“Youth center” shall have the same meaning as Section 11353.1(e)(2) of the Health and Safety Code, and includes any public or private facility that is primarily used to host recreation or social activities for minors, including but not limited to private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 934 § 3, 2023; Ord. 806 § 1, 2007).
9.04.260 “Z” definitions.
“Zone” shall mean an area of land shown on the official zoning map or described in this title within which uniform regulations for the uses and development of land are made applicable by this title, and shall include “district,” “zoning district,” and “zoning designation.” (Ord. 806 § 1, 2007).