ARTICLE 2. ZONING ORDINANCES AND DEFINITIONS

10-1-201: ZONING ORDINANCE:

Articles 2 through 19 of this chapter and the accompanying maps shall be known as the Zoning Ordinance of the City, containing a set of regulations which control the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the appearance of certain uses and structures, the areas and dimensions of sites, the location, size and illumination of signs and displays, requirement for off-street parking and off-street loading facilities, and procedures for administering and amending such regulations and requirements. [Formerly numbered Section 31-3; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-202: PURPOSE OF ORDINANCE:

The purpose of the Zoning Ordinance is to promote the public health, safety, peace, comfort, convenience, prosperity and welfare of the City and its inhabitants; and to accomplish this purpose it is the intent of the ordinance to:

1.    Provide a precise guide for the physical development of the City in such manner as to achieve progressively the arrangement of land uses depicted in the General Plan.

2.    Promote the stability of existing land uses that conform with the General Plan and protect them from inharmonious influences and harmful intrusions.

3.    Foster a harmonious, convenient, workable relationship among land uses.

4.    Ensure that public and private lands ultimately will be used for the purposes which are most appropriate and most beneficial from the standpoint of the City as a whole.

5.    Prevent excessive population densities and overcrowding of the land with structures.

6.    Promote a safe, effective traffic circulation system.

7.    Foster the provision of adequate off-street parking and off-street loading facilities.

8.    Facilitate the appropriate location of community facilities and institutions.

9.    Prevent the creation and establishment of airport hazards, and eliminate, remove, alter and mitigate existing airport hazards.

10.    Protect and enhance real property values.

11.    Safeguard and improve the appearance of the City. [Formerly numbered Section 31-4; Renumbered by Ord. No. 3058, eff. 2/21/87.]

10-1-203: DEFINITIONS:

As used in this chapter:

ABUT: Means sharing a common property line which measures not less than eight (8) feet in any one direction and which is not located within any area designated as a public street easement or right-of-way, or alley easement or right-of-way.

ACCESS and ACCESSWAY: Means a place or way by which pedestrians and vehicles have safe, adequate and usable ingress and egress to a property or use.

ACCESSORY BUILDING or STRUCTURE: Means a building or structure of which an accessory use is made.

ACCESSORY DWELLING UNIT or ADU; Means an attached or a detached accessory dwelling unit for which a complete application was submitted to the City on or after January 1, 2017, which provides complete independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. The term accessory dwelling unit also includes an “Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in Health and Safety Code Section 18007. The term “accessory dwelling unit” and “ADU” captures the terms, and supersedes regulations over, “second dwelling unit” as noted in Title 10, Chapter 1 of the Code.

ACCESSORY USE: Means a use subordinate or incidental to a main use of a lot or structure.

ADJACENT: Means next to or separated from only by a public street easement or right-of-way, or alley easement or right-of-way.

ADJOIN: Means the same as ABUT.

ADJUSTED GROSS FLOOR AREA: Means Gross Floor Area less the area occupied by the following permanent construction: exterior and interior walls, columns, stair shafts, elevator shafts, duct shafts, and in the case of office buildings, mechanical equipment rooms. Atriums, foyers, courtyards, and other open space which are not necessary to satisfy any requirement of this Code may be deducted from Gross Floor Area upon recordation of a covenant between the property owner and the City limiting the use or occupancy of such space. Except as otherwise provided in this definition, no areas or spaces within a building or structure shall be deducted from Gross Floor Area.

ADULT ARCADE: Shall mean a business establishment or concern to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displaced are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.” Such devices shall be referred to as “adult arcade devices.”

ADULT BOOTH/INDIVIDUAL VIEWING AREA: Shall mean a partitioned, enclosed, or partially enclosed portion of an adult business used for any of the following purposes:

1.    Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating “to specified sexual activities” or “specified anatomical areas;”

2.    Where “adult arcade devices” are located.

ADULT BUSINESS: Shall mean:

1.    A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult hotel/motel, adult modeling studio; or

2.    A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes “adult oriented material” or “sexually oriented merchandise,” or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” but not including those uses or activities which are preempted by State law.

ADULT CABARET: Shall mean a business establishment or concern (whether or not serving alcoholic beverages) that features “adult live entertainment.”

ADULT HOTEL/MOTEL: Shall mean a “hotel” or “motel” (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to “specified sexual activities” or “specified anatomical areas.”

ADULT LIVE ENTERTAINMENT: Shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: 1) the performer (including but not limited to topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public vies, without opaque covering, “specified anatomical areas;” and/or 2) the performance or physical human body activity depicts, describes, or related to “specified sexual activities” whether or not the “specified anatomical areas” are covered.

ADULT MODELING STUDIO: Shall mean a business establishment or concern that provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays “specified anatomical areas” to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. “Adult modeling studio” does not include schools maintained pursuant to standards set by the Board of Education of the State of California.

ADULT MOTION PICTURE THEATER: Shall mean a business establishment or concern, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser discs, digital video discs, holograms, virtual reality devices, or similar electronically-generated reproductions, that is characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

ADULT ORIENTED MATERIAL: Shall mean accessories, paraphernalia, books, magazines, laser discs, compact discs, digital video discs, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.” “Adult oriented material” shall include “sexually oriented merchandise.”

ADULT RETAIL STORE: Shall mean a business establishment or concern having as a regular and substantial portion of its stock in trade, “adult oriented material.”

ADVERTISING STRUCTURE: Shall mean any structure erected for the purpose of placing an “advertising sign” upon such structure, but does not include any structure that is both six (6) square feet or less in area and six (6) feet or less in height. See also “sign, advertising.”

AGRICULTURAL USE: Means any use which is related to cultivating the ground or raising and harvesting crops, and includes the feeding, breeding and management of livestock as a commercial or industrial enterprise.

AIRPORT USE: Means any use which is permitted in Section 10-1-902 of this Code.

ALLEY: Means a public right-of-way which serves as a secondary means of access to abutting property.

ALLEY, RESIDENTIAL: Means an alley which serves as access to only residential abutting property.

ALTERED: Means change in use or increase in size of a structure.

AMENDMENT: Means a change in the wording, context, or substance of this chapter, or a change in Zone Map or FAA Filing Requirement map.

AMUSEMENT MACHINE: Shall mean any machine, device, or instrument of like character whether manually or electronically operated, and whether or not operated for a gratuity, and which machine is operated as a game, other than a game of chance, and whether affording the opportunity for additional chances for free play or not.

ANIMAL HOSPITAL: Means the same as “Hospital, Animal.”

ANIMAL PROCESSING: Means the processing of meat products and by-products directly from live animals or offal from live animals.

APARTMENT: Means the same as “Dwelling Unit.”

APARTMENT HOUSE: Means the same as “Dwelling, Multiple Family.”

APPROVED PLASTIC MATERIALS: Shall mean those plastic materials other than foam plastics regulated under Sections 1705(e) and 1713 of the Uniform Building Code (UBC) which have a self-ignition temperature of 650 F or greater and a smoke density rating not greater than 450 when tested in accordance with UBC Standard No. 42-1, in the way intended for use, or a smoke density rating no greater than 75 when tested in the thickness intended for use by UBC Standard No. 52-2.

ARCADE: Means an establishment maintaining four (4) or more amusement machines, including video games, on the premises for use by its customers or visitors.

AREA OF LOT: Means the total horizontal area included within the lot lines. For purposes of calculating density, “area of lot” shall exclude any land previously dedicated for a public street easement or right-of-way, or alley easement or right-of-way.

AUTOMOBILE DETAILING: Means a service dealing with the cleaning of automobiles/vehicles including any of the following: interior cleaning; exterior handwashing, waxing and polishing; or engine steam cleaning.

BEDROOM: Shall include any room that is designed or intended to be used or is capable of being used as a bedroom in whole or in part.

BILLBOARD: Means the same as “sign, advertising.”

BILLIARD PARLOR: Means an establishment maintaining three (3) or more billiard tables on the premises for use by its customers or visitors.

BILLIARD TABLE: Means any game table or similar device designed, intended or used for the playing of billiards, pool, bumper pool, snooker, bagatelle or any similar game.

BLOCK: Means the property abutting one side of a street between intersecting or intercepting streets, or in the case of a dead-end street the property between the end thereof and the first intersecting or intercepting street.

BLOCK FACE: Means Block.

BOARD: Means the City Planning Board of the City.

BOARDING HOUSE: Means a building containing a single dwelling unit, where lodging with or without meals is provided for compensation.

BUFFER AREA: Means an area not occupied by above grade structures or encroachments, driveways (except as allowed by Conditional Use Permit), refuse facilities, patios, porches, balconies, or recreational amenities.

BUILDING: Means any structure having a roof supported by columns or walls, which is designed or used as an enclosure or shelter.

BUILDING DIRECTOR: Means “Director”.

BUILDING FACE: Means that part of the exterior wall of a building that faces one direction and is located between ground level and the ceiling of its top story. The front of a Porch is not the building face.

BUILDING HEIGHT: Means the vertical distance measured from Grade to the ceiling of the highest room permitted for human occupancy, except in the R-1 and R-1-H zones where the vertical distance is measured as provided in Section 10-1-603.

BUILDING MOUNTED WTF: Means a wireless telecommunications facility whose support structure is mounted to a building or rooftop.

BUILDING OFFICIAL: Means “Director”.

BUILDING SUPERINTENDENT: Means “Director”.

CARNIVAL: Means an event held for the purposes of public entertainment or non-profit fund raising, which include either one or both of the following: the sale of alcoholic beverages for on-premises consumption; mechanical amusement rides.

CARPORT: Means an accessory structure designed or used to shelter motor vehicles permanently roofed and enclosed from the ground up on three (3) sides by an opaque wall to the extent of two-thirds (2/3) or more of its height.

CEMETERY USE: Means any use which is permitted by Section 10-1-907 of this chapter.

CHARACTER-DEFINING FEATURE: A prominent or distinctive aspect, quality, or characteristic of a Historic Sign that contributes to its physical character and historical significance. Such features may include but are not limited to size, location, shape, materials, illumination mechanism, color, and typography.

CHILD DAY CARE FACILITY: Means any facility as defined in Section 1596.750 of the California Health and Safety Code, and as amended from time to time, except for a family day care home, which is defined separately herein.

CHURCH: Means a permanent, fully enclosed building designed and used for religious worship.

CLINIC: Means a place used to provide medical services not involving overnight housing of patients.

CLUB: Means an association of persons organized for some common, nonprofit purpose, but does not include any group organized primarily to render a service which is customarily carried on as a business.

COCKTAIL LOUNGE/BAR: Means a saloon, bar, pub, tavern or similar place used primarily for drinking alcohol and designed for social interaction and/or entertainment.

CO-LOCATION: Means the location of two or more wireless telecommunications facilities on a single freestanding support structure or building. Co-location shall also include the location of wireless telecommunications facilities with other utility facilities and structures including, but not limited to, water tanks, transmission towers, and light poles.

COMMERCIAL USE: Means any use which is permitted by Sections 10-1-702, 10-1-709, 10-1-715 and 10-1-721 of this chapter.

COMMUNITY CARE FACILITY: Means a state-authorized, certified or licensed family care home, foster home, or group home providing care for the mentally or physically disabled and for children and adults who require special care or services. Such facilities include non-hospital type care for the mentally and physically handicapped, residential care facilities for the elderly or persons with chronic life threatening illness, alcohol or drug abuse recovery or treatment facilities, intermediate care facilities for the developmentally disabled and congregate living health facilities.

COMMUNITY CARE FACILITY (UNLICENSED): Means any Dwelling Unit or building that is not required by law to be licensed or certified by the State, in which every person residing in the facility (excluding any facility staff and their family members) is considered to be disabled, as defined by the California Fair Employment and Housing Act, and meets the definition of Sober Living Facility, except that it shall not provide a meeting room that is used for assembly purposes.

CONSTRUCTION: Shall mean any site preparation (including demolition, excavation and grading), assembly, erection, alteration or similar action, for or of public or private right-of-way, buildings, structures, utilities or similar property.”

CONSTRUCTION EQUIPMENT: Shall mean any pile driver, power shovel, pneumatic hammer, power-driven drill, riveting machine, excavator, derrick power hoist, helicopter, forklift, cement mixer, diesel-powered truck, tractor, or any other earthmoving equipment. It shall also include hand hammers on steel or iron, or any other similar type of machine, tool, device or equipment which makes noises exceeding the decibel level allowed within the project’s zone during the hours of construction.

CONTIGUOUS: Means the same as “Abut”.

CONTRIBUTING RESOURCE: Any resource adding to the historic, architectural, or cultural significance of a Historic District.

CONVALESCENT HOME: Means a facility for the accommodation of convalescents or other persons who are not acutely ill and are not in need of hospital care, but who require professional nursing and related medical services including care during and after pregnancy; a convalescent home may be operated in conjunction with a hospital, or may be a separate facility in which such nursing care and medical services are prescribed by or are performed under the general direction of persons licensed to practice medicine or surgery in this State.

CORNER CUTOFF AREA: Means a portion of a corner lot or parcel of land which is maintained in a manner to provide adequate and safe visibility for vehicular and pedestrian traffic wherever streets and alleys converge.

CORPORATE FLAG: Shall mean a flag identifying a business or company.

CORRAL, NON-COMMERCIAL: Means any structure or fence that establishes the perimeter of a horsekeeping area on a residentially-zoned property.

COTTAGE FOOD OPERATIONS: Means an enterprise at a private home where certain non-potentially hazardous food products, as defined in Health & Safety Code section 11387 and as specifically listed in Health & Safety Code section 114365.5, are prepared or packaged for sale to consumers.

CUSTOM MANUFACTURING: Means the manufacturing of products that are usually handmade and/or are made in small-scale enclosed workshops, involving the use of hand tools, the use of domestic mechanical equipment, or a kiln. This category also includes incidental direct sale to customers of only those goods produced on the site. Examples include clay products, glass blowing, jewelry, leatherworking, metalworking, and woodworking.

CURB LEVEL: Means the level of the established curb at the center of the front of the building.

DAS: means a Distributed Antenna System that serves as a means of transporting Radio Frequency over fiber to remote, smaller radio sites.

DAY CARE CENTER: Means any child day care facility as defined in Section 1596.750 of the California Health and Safety Code other than a family day care home.

DAYLIGHT PLANE (Encroachment Plane): Means an inclined plane, beginning at a stated height above grade at a setback line and extending into the site at a stated upward angle to the horizontal in order to limit the height or horizontal extent of a structure.

DEMOLITION, WHOLE HOUSE: Means the demolition of at least 50% of the total length of all the exterior walls of a main house, including garages and other enclosed accessory structures that are attached to the main house. Applicant shall calculate the linear length of all exterior walls. The calculated length should not exclude openings because part of the opening is a structural header, and the walls must remain as structural elements in the new plan.

DESIGNATED HISTORIC RESOURCE: Means any Resource that has special character or aesthetic value in the historic, cultural, architectural, archaeological, or social heritage of the City of Burbank; and that has been approved by the City Council as meeting at least one (1) of the City’s designation criteria provided in Section 10-1-926.

DIMENSION: Means the length, width, height and depth of the structure inclusive of wall, roof and floor planes which collectively make up the structure’s building envelope.

DIRECTOR: Means the Director of the Community Development Department of the City, or the designee or designees of such person, or such other persons as may be designated by the City Manager.

DOWNTOWN RESTAURANTS: Means any restaurant/eating establishment/drinking establishment/fast-food/cafe located in the Central Business Downtown Parking Area defined in Sec. 10-1-1407.1.

DRIVEWAY: Means a paved access from a street or alley to a garage, carport or other parking area; a driveway may include the space required to turn or maneuver a motor vehicle into and out of such parking area.

DRY CLEANERS: Means an establishment maintaining fabric cleaning machines each of which has a dry-load capacity of 50 pounds or less, and which uses only nonpetroleum solvents.

DRY CLEANING PLANT: Means an establishment maintaining fabric cleaning machines, one (1) or more of which have a dry-load capacity in excess of 50 pounds, and which uses only non-petroleum solvents.

DWELLING, GUEST: Means separate living quarters having no kitchen facilities, in an accessory building, used by temporary guests of the occupants of the main building and not rented or otherwise used as a separate dwelling.

DWELLING, MULTIPLE FAMILY: Means a residence consisting of two (2) or more dwelling units designed for occupancy by two (2) or more families living independently of each other.

DWELLING, SINGLE FAMILY: Means a residence designed for use by a single family.

DWELLING UNIT: Means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one (1) family.

ELECTRONIC HOME DETENTION PROGRAM/FACILITY: Means a facility or business which administers electronic home detention services established under California Penal Code Section 1203.016, and as that section may be amended from time to time (also known as the Mojonnier-Ayala Electronic Home Detention Act).

ELIGIBLE FACILITIES REQUEST: means a request for modification of an existing wireless tower or base station that involves (a) a co-location of new transmission equipment, (b) removal of transmission equipment, or (c) replacement of transmission equipment.

ELIGIBLE HISTORIC RESOURCE: Means a Resource that has been identified by the Director as potentially meeting at least one (1) of the City’s designation criteria but has not yet been approved as a Designated Historic Resource. The Resource may also be eligible for designation at the state or national level.

ELIGIBLE HISTORIC SIGN: A sign that has been identified as eligible for designation against local eligibility criteria. The Director maintains a list of Eligible Historic Signs, the purpose of which is to inform City staff, decision makers, and the public for future planning and decision making, and to inform property owners about the potential historic significance of their signs.

ELIGIBLE OFF-SITE HAZARDOUS WASTE FACILITY: Operation involving handling, treatment, storage or disposal of a hazardous waste in one (1) or more of the following situations:

1.    The hazardous waste is transported via commercial railroad, a publicly-owned road or public waters, where adjacent land is not owned by, or leased to, the producer of the waste.

2.    The hazardous waste is at a site which is not owned by, or leased to, the producer of the waste.

3.    The hazardous waste is at a site which receives hazardous waste from more than one (1) producer.

Eligible Off-Site Hazardous Waste Facilities shall be located within the industrial area as designated on the map in Appendix 6-D of the Los Angeles County Plan, and are subject to the provisions of Section 9-3-118.

ELIGIBLE ON-SITE HAZARDOUS WASTE FACILITY: Operation involving handling, treatment, storage or disposal of hazardous waste on land owned by, or leased to, a waste producer, and which receives hazardous waste produced only by that producer. An operation that occurs after waste is transported by commercial railroad, or on public waters or on a public road shall be considered an on-site operation only if the producer of the waste owns at least 90 percent of the linear site and the area where the hazardous wastes are generated are on the same continuous property.

Eligible On-Site Hazardous Waste Facilities shall be located within the industrial area as designated on the map in Appendix 6-D of the Los Angeles County Plan, and are subject to the provisions of Section 9-3-118.

EMERGENCY SHELTER: Shall mean any establishment operated by an Emergency Shelter Provider that provides homeless people with immediate, short-term housing for no more than six (6) months in a 12 month period, where no person is denied occupancy because of inability to pay. Emergency Shelters may also provide shelter residents with additional supportive services such as food, counseling, laundry, and access to other social programs. Emergency Shelters may have individual rooms and common areas for residents of the facility, but may not be developed with individual dwelling units, with the exception of a manager’s unit.

EMERGENCY SHELTER PROVIDER: Shall mean a government agency or non-profit organization that provides emergency or temporary shelter, and which may also provide meals, counseling, and access to other social programs.

EMERGENCY WORK: Shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, or work by private or public utilities when restoring utility services.

EMPLOYER-SPONSORED CHILD CARE CENTER: Means any facility as defined in Section 1596.771 of the California Health and Safety Code, and as amended from time to time.

FACE OF BUILDING: Shall mean the general outer surface of the main exterior wall of any building, not including cornices, bay windows and other ornamental trim.

FAMILY: Means a group of persons who maintain a single common household, but who otherwise are not a Community Care Facility (whether licensed or unlicensed) as defined herein.

FAMILY DAY CARE HOME: Means any facility as defined in Section 1596.78 of the California Health and Safety Code, and as amended from time to time.

FLAG LOT: Means a lot with a portion that does not meet the minimum lot width requirements (the pole portion of the flag), where access to the street is provided by means of a corridor having less than standard lot width or a lot which allows a house to be built behind an existing house. Also called a “panhandle” lot.

FLOOR AREA: Means floor area is that area between the floor and roof above it, as measured from the exterior walls to the exterior walls. The total gross floor area of all enclosed structures on the property, including but not limited to the main dwelling structure, accessory structures, accessory dwelling units, guest dwelling unit, enclosed patios, and sheds is included in the Floor Area.

FLOOR AREA RATIO (FAR): Means the ratio of the floor area of the buildings on a lot to the total area of the lot.

FOOD SPECIALTY STORE: Means an establishment engaged in the retail sale of specialty food items including, but not limited to: candy, cheese, coffee, confectionery items, dairy products, fruit, ice cream, meat products, nuts, or spices that has no seating on the premises. Merchandise must be prepackaged and involve no preparation or consumption onsite except for product sampling.

FORTUNE-TELLING: Shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature for any form of consideration.

FREESTANDING WTF: Means a wireless telecommunications facility with its support structure placed directly on the ground. Monopoles, towers, and self-supported or of lattice construction are examples of this type of structure. Building mounted antennas are excluded from this definition.

FUTURE STREET LINE: Means the same as “Street Line, Future.”

GARAGE: Means an accessory structure or a portion of a main building permanently roofed and enclosed on all sides, and which is designed or used for the shelter of motor vehicles.

GENERAL PLAN: Means the General Plan for the development of the City, adopted by the Board and Council.

GOLF COURSE: Means an area used for playing golf; including pitch-and-putt courses, but not driving ranges or miniature golf courses.

GRADE: Means: (a) in R-1 and R-1-H Zones-the grade as defined in Section 10-1-603(C); (b) for structures in zones other than R-1 and R-1-H-the average elevation of the ground surface, prior to any construction, leveling, grading, or development associated with the current project, as calculated by adding the elevations of the corners of a lot and dividing by that number of corners. Buildable lots may be divided into two (2) or more portions. The grade for each lot portion shall be calculated as the average of the elevations of all corners of such lot portion. In the event a lot is sloped such that one (1) side of a building is higher than the other side, no portion of the building shall exceed by five (5) feet of the maximum height allowed in the zone. Each portion of the building shall be measured from grade immediately below that portion of the building.

GROSS FLOOR AREA: See Floor Area.

GUEST HOUSE: Means the same as “Dwelling, Guest.”

GUEST ROOM: Means a room without kitchen facilities which is designed to be occupied by one (1) or more guests.

HEAVY EQUIPMENT RENTAL: Means a business that stores and rents out industrial equipment, such as construction equipment, to the public. The business may include an outdoor storage area.

HEAVY INDUSTRIAL MANUFACTURING: Means establishments engaged in the basic processing or manufacture of products, predominantly from raw materials, with noticeable noise, odor, vibration, or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive or other commonly recognized hazardous materials.

HEDGE: Means vegetation that is grown or maintained in a manner that creates a physical barrier or otherwise functions in a manner consistent with a fence or wall.

HELIPORT: Means an area, either at ground level, or at elevation on a structure, that is designed for and used by helicopters; a heliport may include parking, fueling, maintenance, waiting rooms and other auxiliary facilities.

HELISTOP: Means an area, without auxiliary facilities either at ground level or at elevation on a structure that is designed for and used by helicopters.

HIGHWAY: Means a street which is shown on the General Plan for the City as a major or secondary arterial.

HISTORIC DISTRICT: A geographically definable area possessing a concentration of thematically related properties unified aesthetically by plan or historical physical development.

HISTORIC RESOURCE REGISTER: A register containing those resources that have been formally designated by City Council as a Historic Resource.

HISTORIC SIGN: A sign that has been designated as a Historic Sign (HS) by the City Council. HSs are listed on the City of Burbank Historic Sign Register.

HISTORIC SIGN REGISTER: A register containing those signs that have been formally designated by City Council as a Historic Sign, pursuant to the provisions of this Article.

HISTORIC SIGN SURVEY: A systematic and standardized process for identifying and gathering data on the City’s potential Historic Signs by which signs are documented and evaluated for inclusion on the list of Eligible Historic Signs and potential eligibility for Historic Sign Preservation Incentives and listing in the Historic Sign Register.

HOLIDAYS: Shall include any of the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving and Christmas.”

HOLIDAY DECORATIONS: Shall mean any sign, including displays and lighting, which is a nonpermanent installation customarily associated with any national, state, local or religious holiday or celebration, and which does not advertise a product or sale.

HOME OCCUPATION: Means an accessory use or activity of a business nature conducted on residential property by the occupants of the dwelling which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.

HOSPITAL: Means any facility which is maintained and operated for the diagnosis, care and treatment of human illness or sickness, including convalescence, and to which persons may be admitted for overnight stay or longer. Hospital includes sanitarium.

HOSPITAL, ANIMAL: Means any facility where animals are given medical or surgical treatment.

HOTEL: Means a building, or portion thereof, containing public guest or dormitory rooms without cooking facilities, used or designed to be used by guests for compensation.

HOUSE CAR: Means a vehicle with motive power designed or used for human habitation, or a vehicle with motive power upon which a structure designed or used for human habitation or camping is permanently or temporarily mounted.

INDUSTRIAL USE: Means any use which is permitted by Sections 10-1-802 and 10-1-809 of this chapter.

JUNIOR ACCESSORY DWELLING UNIT OR JUNIOR ADU means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

JUNK: Means worn-out, scrapped or discarded articles or materials which are ready for destruction, salvage or conversion to some use; junk does not include any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose.

JUNKYARD: Means places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Examples include salvage yards, junkyards, or paper salvage yards.

KENNEL: Means any lot, building, enclosure or premises (except an animal hospital) wherein four (4) or more dogs, cats or combination thereof, four (4) months of age or over, are kept.

KITCHEN (ADU) AND (JADU): Means any room principally used, intended or designed to be used for cooking or the preparation of food and meets the California Building Standards code and Health and Safety code.

LANDSCAPING: Means the planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers, or lawns, including natural features such as rock and stone, and structural features such as arbors, pergolas, fountains, reflecting pools, art works, screens, walls, fences and benches.

LATE NIGHT HOURS: Shall mean the time between midnight and 6:00 a.m.

LATE NIGHT BUSINESS: Shall mean a commercial or industrial use that receives and/or is open to patrons at any time during Late Night Hours.

LATE NIGHT OPERATIONS: Shall mean a commercial or industrial use that operates noise-generating equipment, such as vehicles, machinery, pumps, refrigeration units on trucks, or motorized cleaning equipment, exposed to the exterior at any time during Late Night Hours. “Late Night Operations” shall not include the operation of equipment permanently attached to the building such as air conditioners. “Late Night Operations” shall not include deliveries if vehicles and other motors are not in operation during the delivery.

LIGHT INDUSTRIAL MANUFACTURING: Means establishments engaged in the manufacture or processing of products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution. These establishments are characterized by having no major external environmental effects across property lines. Examples include apparel, appliances, batteries, food and beverage products, machinery, pharmaceuticals, soda bottling, and toiletries.

LOADING SPACE: Means an off-street space or berth having access to a street or alley, on the same lot with a main building, or contiguous to a group of buildings, used for the temporary parking of commercial vehicles while loading or unloading.

LOT: Means a parcel of real property: 1) shown with a separate and distinct number on a subdivision tract map recorded with the County Recorder of Los Angeles County; or 2) the dimensions or boundaries of which are defined by a record of survey or parcel map so recorded pursuant to the provisions of the Subdivision Map Act of the State of California; or 3) registered under the Land Title Law (Torrens Title), and held under separate ownership from adjacent property on the effective date of the chapter; or 4) if not incompatible within the context in which the word “lot” is used, any portion of a lot or parcel of land, or any area commonly treated as a lot or parcel of land, upon which a use is permitted by this chapter.

For the purpose of development standards as set forth in this chapter, a lot shall not include or extend into any area designated as a public street easement or right-of-way or alley easement or right-of-way.

LOT AREA: Means the same as “Area of Lot.”

LOT CORNER: Means a lot situated at the intersection of two (2) or more streets.

LOT DEPTH: Means the average horizontal distance between the front and rear lot lines.

LOT, INTERIOR: Means any lot which is not a corner lot.

LOT, KEY: Means the first interior lot to the rear of a reversed corner lot.

LOT, REVERSED CORNER: Means a corner lot, the rear lot line of which abuts upon the side lot line of another lot.

LOT, THROUGH: Means a corner or interior lot which abuts on two (2) separate and substantially parallel public streets.

LOT, WIDTH: Means the average horizontal distance between the side lot lines.

LOT LINE, FRONT: Means 1) in the case of an interior lot, a lot line separating the lot from the street; 2) in the case of a corner lot, a lot line separating the narrowest street frontage of the lot from the street; or 3) the lot line designated as the front lot line by the Community Development Director pursuant to Site Plan Review.

LOT LINE, REAR: Means a lot line which is opposite and most distant from the front lot line, and in case of an irregularly shaped lot, a line whose minimum length is ten (10) feet within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE: Means a lot boundary line not a front lot line or a rear lot line; in the case of a corner lot, a side lot line separates the widest street frontage of the lot from the street.

MAIN BUILDING or STRUCTURE: Means a building or structure within which is conducted the principal use permitted on the lot by this chapter.

MARKET, CONVENIENCE: Means a retail use not to exceed 3,500 square feet in gross floor area with a range of merchandise oriented to daily convenience and travelers shopping needs including, but not limited to: pre-packaged food products, household items, newspaper and/or magazines, and other pre-prepared foods for off-site consumption. This use does not include on-site consumption or on-site preparation by employees. This use may be part of a gasoline or service station or an independent facility.

MARKET, NEIGHBORHOOD: Means a retail use not to exceed 10,000 square feet in gross floor area with a range of merchandise including, but not limited to: fresh produce, perishable goods, meats, seafood, packaged food products, general household goods and beverages, primarily for off-site preparation and consumption. Specialized departments such as bakeries, butchers, delicatessens, and florists are permitted as part of this use category. Incidental uses such as banks, pharmacies, fast food take-out, coffee or juice bars, and photo processing are not permitted as part of this use category.

MARKET, SUPER: Means a retail use providing a range of merchandise and specialized departments consistent with the “Market, Neighborhood” use category that is in excess of 10,000 square feet in gross floor area and/or includes incidental uses such as banks, pharmacies, fast food take-out, coffee or juice bars, and photo processing.

MASONRY: Means anything constructed of stone, brick or tiles or any material of similar durability.

MASSAGE PARLOR: Means an establishment, where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

MEDIA DISTRICT DISPLAY: Shall mean any sign that is attached to a building or permanent structure within the Media District and that is a replica of a movie, television or media character or production that is owned, controlled or produced by the business displaying such sign.

MINI-MALL: Means a shopping center which is less than one (1) acre in total net area.

MOBILE HOME (Manufactured home): Means a dwelling unit built in a factory in one (1) or more sections, transported over the highways to a permanent occupancy site, and installed on the site either with or without a permanent foundation.

MOBILE HOME PARK (defined in Section 10-1-301 of this Code).

MONOPOLE: Means a single unsupported pole, post, or similar structure that is used to support equipment associated with a commercial wireless telecommunications facility. This includes towers, flagpoles and mono-trees.

MORE RESTRICTIVE ZONING: Means that the M-2 Zone is the least restrictive and that the following zones are more restrictive in the order shown: M-1, C-4, C-3, C-2, C-1, R-4, R-3, R-2, R-1-H, R-1.

MOTEL: Means one (1) or more buildings with motor vehicle parking space conveniently located near each unit, containing individual sleeping units used temporarily by automobile tourists or transients.

MULTIFAMILY RESIDENTIAL ZONE or MULTIFAMILY ZONE: Means the same as Multiple family residential zone.

MULTIPLE FAMILY RESIDENTIAL ZONE or MULTIPLE FAMILY ZONE: Means the R-2, R-3, R-4, MDR-3, or MDR-4 zones.

MULTIPLE FAMILY ZONED PROPERTY or MULTIPLE FAMILY PROPERTY: Means a property with a multiple family zone designation.

NATURAL GRADE: Shall mean any vertical elevation or location of the ground surface prior to any construction, leveling, grading, or development associated with the current project.

NEIGHBORHOOD, SINGLE FAMILY: Means (for purposes of determining single family design compatibility/design guidelines compliance), all of the houses on the same side of the block within 500 feet of the property line on each side and the two properties located behind or adjacent to the properties behind the house and the four properties directly across the street from the house being reviewed.

NIGHTCLUB: Means an establishment which engages in the sale of alcoholic beverages in conjunction with dancing, regardless of whether or not such establishment is simultaneously offering full restaurant meal service.

NONCONFORMING BUILDING or STRUCTURE: Means a building or structure or portion thereof which was lawful when constructed but which does not conform to Zoning Ordinance requirements subsequently established.

NONCONFORMING LOT: Means a lot having less area, frontage, or dimensions than required in the zone in which it is located.

NONCONFORMING USE: Means a use of land/or building or structure, which was lawful when established including compliance with property development requirements but which does not conform to Zoning Ordinance use and property development requirements subsequently established.

NON-CONTRIBUTING RESOURCE: Any resource that does not add to the historical, architectural, or cultural significance of a Historic District.

NURSING HOME: Means the same as “Convalescent Home.”

OBSOLETE SIGN COPY: Any sign copy, excluding Historic Signs, which no longer correctly identifies or directs attention to an existing use or product available on the premises.

OPEN SPACE: Means an area not occupied by above-grade parking, refuse facilities, or above grade structures other than driveways, recreational amenities, and other yard encroachments authorized by this Chapter.

PARCEL OF LAND: Means a contiguous quantity of land in the possession of, owned by, or recorded as the property held by the same person.

PARKING AREA or PARKING LOT: Means a portion of a lot, parcel of land or structure designed and used for parking motor vehicles when not in use.

PARKING SPACE: Means an unobstructed space used for parking a motor vehicle.

PERFORMER: Shall mean a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.

PERIOD OF SIGNIFICANCE: The span of time that a sign was associated with important events, activities, or persons, or attained the character-defining features that qualify it for designation as a Historic Resource or Historic Sign.

PERSONAL OR PHYSICAL ARTS STUDIO: Means a studio providing instructional services or facilities in a personal or physical art such as art, crafts, music, dance, acting, martial arts or fencing. Personal or Physical Arts Studio does not include a Rehearsal Studio or a School.

PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE: Means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE FACILITY: Means a facility for the provision of personal wireless telecommunications services.

PLANNED RESIDENTIAL DEVELOPMENT: Means an area of land developed or proposed to be developed as a single entity for a number of separate dwellings, the plan for which does not completely meet the lot size, bulk or type of dwelling, density, or lot coverage requirements of any one of the residential zones included in the development.

PORCH: Means an exterior appendage to a building or a recess into a building that forms a covered approach or vestibule to a doorway.

PORTE-COCHERE: Means a canopy attached to a residence, which is open on all sides, except where attached to a residence and which extends over a driveway used for the loading and unloading of vehicles, but which cannot be used to satisfy the off-street parking requirements of this chapter.

PROPERTY LINE: Means a description of the horizontal limits of a lot consisting of the front, side, and rear lot lines.

PUBLIC FACILITY: Shall mean roads, watershed areas, conservation, flood control, water supply, landfill facilities, and other public facilities owned and operated by the City of Burbank.

PUBLIC AND PRIVATE EDUCATIONAL INSTITUTION: Means any Public or Private School and/or Administrative Office of a Public or a Private School.

PUBLIC PARK: Means a park, playground, swimming pool, reservoir, golf course or athletic field within the City which is under the control, operation or management of the Parks and Recreation Department.

PUBLIC UTILITY FACILITY: Means a facility, including one (1) or more buildings operated with or without personnel, consisting of operating electrical and mechanical equipment necessary for the conduct of a public utility business. Public utility facility does not include a “personal wireless telecommunications service facility”.

RECREATIONAL VEHICLE: Means travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, and similar vehicles.

REGISTER OF HISTORIC RESOURCES: Means the City of Burbank’s official list of Resources that have been approved by the City Council as Designated Historic Resources. The City of Burbank’s Register of Historic Resources includes all Resources that have been formally listed on the National Register of Historic Places, designated National Historic Landmarks, listed on the California Register of Historic Resources, designated California Historic Landmarks, or designated California Points of Historic Interest.

REHEARSAL STUDIO: Means a studio used for the rehearsal of music, dance or theater productions. Rehearsal Studio does not include a studio or facility that is within and incidental to a motion picture studio, broadcasting studio or recording studio that is maintained and equipped for making motion pictures, for the transmission of radio and television programs or for making audio recordings.

RELIGIOUS INSTITUTION: Shall mean a structure or facility that is used primarily for religious worship and related religious activities.

REPLICA HISTORIC SIGNS: An accurate reconstruction of an original sign that no longer exists. The sign to be replicated must have been originally installed prior to a Period of Significance at a location that is within the current Burbank city limits.

RESIDENCE: Means a building designed or used as a dwelling for one (1) or more families.

RESIDENTIAL CARE HOME - RETIREMENT HOME: Means a facility used primarily for the residential accommodation of persons of advanced years and others who require or desire assistance in their daily domiciliary activities.

RESIDENTIAL USE: Means any use which is permitted by Sections 10-1-602 and 10-1-627 of this chapter; and includes Planned Residential Developments.

RESIDENTIALLY ADJACENT: Shall mean any commercially or industrially zoned property located within 150 feet of any residentially zoned property (measured at the two (2) properties’ closest points).

RESOURCE: Means any publicly or privately owned property, parcel, lot, structure, building, object, sign, landscape, or other natural or man-made area, feature, or improvement, or portion thereof.

RESTAURANT/DRINKING ESTABLISHMENT: Means a restaurant which serves alcohol and which does not have dancing and which does not have more than two (2) billiard tables, but does not meet both conditions 1 and 4 of the definition of “Restaurant with Incidental Alcohol”.

RESTAURANT, FAST SERVICE: Means a restaurant where food is prepared on-site for consumption on-site via counter service. Table service is very limited.

RESTAURANT, FULL SERVICE: Means a restaurant where food is prepared on-site for consumption on-site via table service and less than 20 percent of the serving area is available for private party rental where access by the general public is restricted.

RESTAURANT, WITH DRIVE-THROUGH: Means any establishment which is engaged in the business of preparing and purveying food where provision is made for serving of food to patrons in vehicles for consumption at a separate location either on or off the premises.

RESTAURANT WITH INCIDENTAL ALCOHOL: Means a restaurant serving alcohol which also meets the following conditions: 1) at least 65 percent of the gross sales revenue of the establishment must be from food sales; 2) there is no dancing at the establishment; 3) there are no more than two (2) billiard tables at the establishment; and 4) any area of the establishment devoted primarily to the sales or consumption of alcohol shall not constitute more than 15 percent of the adjusted gross floor area of the establishment. In determining the floor area devoted primarily to the sales or consumption of alcohol, the City Planner shall consider the following factors: the layout and site plan of the establishment; the location and size of the bar; whether the size, placement and spacing of tables, stools, and booths indicate that the area is primarily devoted to the sales or consumption of alcohol; whether there is a wall or other separation in the establishment dividing an area primarily devoted to the sales or consumption of alcohol from the dining area; and whether or not full meals are served in the area.

RETAINING WALL: Means a structure that retains (holds back) for more than six inches of any material (usually earth), above the footing and prevents it from sliding or eroding away. For purposes of measuring the height of a retaining wall, the exposed portion of the retaining wall shall be measured from the lowest abutting finished ground surface, after any grading, cut, or fill activity. The portion of the retaining wall that is not underground shall be considered exposed. Portion of the wall not retaining dirt shall not be considered a retaining wall.

RETIREMENT HOME: Means a facility used primarily for the residential accommodation of persons of advanced years and others who require or desire assistance in their daily domiciliary activities.

ROOF, PITCHED: Mean a roof with a minimum slope of 14 degrees above a horizontal plane.

ROW HOUSE: Means the same as “Town House.”

SCHOOL: Means an establishment or facility used as an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the State Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a child day care facility, kindergarten, elementary school, junior high school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, and a vocational or a professional institution. This definition also includes child day care facilities utilized at a school location which are licensed by the State Department of Social Services and the City of Burbank.

SECRETARY TO THE BOARD: Means the City Planner of the City.

SERVICE STATION: Means a lot upon which there is a facility for the sale of gasoline, lubricating oil, minor accessories and minor services required by motor vehicles. Service station does not include any facility primarily devoted to sale of major auto accessories, sale or rebuilding of engines, battery manufacturing or rebuilding, radiator repair or steam cleaning, body repair, painting or upholstering, or car washing.

SETBACK: Means the area between a property line and a building or structure that must be kept clear or open. Also means Yard.

SETBACK, AVERAGE FRONT YARD: Means a calculation of the setback pattern on the same Block Face as a proposed project within 250 feet of either side measured from the edge of the sidewalk to the exterior wall of the existing house closest to the sidewalk provided that the wall closest to the sidewalk constitutes at least 40% of the front of the house. On blocks without sidewalks, the measurement shall be taken from the edge of the curb closest to the house. For each house on the Block Face within 250 feet, the measurement shall be taken of the existing Front Yard Setback. Those numbers shall be averaged. In calculating the average setbacks, measurements which would vary from the average by more than 150% shall not be used to calculate the average. A calculation of the setback pattern on the same block face as a proposed project within 250 feet of either side measured from the edge of the sidewalk to the exterior wall of the existing house closest to the sidewalk provided that the wall closest to the sidewalk constitutes at least 40% of the front of the house. On blocks without sidewalks, the measurement shall be taken from the edge of the curb closest to the house. For each house on the Block Face within 250 feet, the measurement shall be taken of the existing front yard setback. Those numbers shall be averaged. In calculating the average setbacks, measurements which would vary from the average by more than 150% shall not be used to calculate the average.

SEXUAL ENCOUNTER ESTABLISHMENT: Shall mean an establishment, including but not limited to private and commercial clubs or organizations, which for any form of consideration or gratuity, provides a place where two (2) or more persons may congregate, assemble or associate for the purpose of engaging in the following activities: 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; 2) sexual intercourse, oral copulation, sodomy, masturbation or ejaculation; 3) masochism, erotic or sexually oriented torture, beating, bondage or infliction of pain; or 4) exposing Specified Anatomical Areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy as part of his or her State-licensed practice.

SEXUALLY ORIENTED MERCHANDISE: Shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

SHOPPING CENTER: Means a unified complex with two (2) or more retail, sales, service, and/or restaurant tenants sharing common on-site pedestrian and parking facilities, whether located on one (1) or multiple lots or parcels and whether or not held under single ownership. The permitted and conditionally permitted uses within a shopping center shall be the same as those of the zone in which the shopping center is located, except in the Airport Zone where the permitted and conditionally permitted uses within the shopping center shall be those of the C-3 Commercial General Business Zone. A shopping center that is less than one (1) acre in total net area is a “mini-mall.” For the purposes of this definition, coffee stands, snack bars, or other businesses that are part of and incidental to larger retail businesses shall not be counted as separate tenants.

SIGN: Shall mean any structure, device, writing, name, number, figure, pictorial representation, illustration, emblem, etching, mural, symbol, display, billboard, signboard, flag, banner, pennant, bunting, clock or appliance which is used or designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and support or anchorage thereof, identifying a business, service, or product sold, rent, distributed or manufactured on the premises.

SIGN, ADVERTISING: Means a sign used to identify a business, service, or product not sold, rented, distributed or manufactured on the premises. “Media District displays” are not considered “advertising signs” if the display is located on the property of the company that produces the media production being advertised.

SIGN AREA: Shall mean the total area of the copy and background. In the case of signs consisting of cutout letters or block type displays, the area measured within the periphery of the cutout letters or block displays shall be included.

SIGN, GROUND: Means a sign supported by a structure or structures, including poles, or part of a structure other than the wall of a building, placed in or upon the ground used for the purpose of advertising or identifying the business or name of an occupant of the premises on which such sign is erected. For the purposes of this article, “Ground Sign” shall not include real estate signs.

SIGN, PROJECTING: Shall mean any sign other than a wall sign which is suspended from or supported by any building or structure and which projects outward from the building or the structure.

SIGN, RIDER: Shall mean a sign that is used in conjunction with a real estate sign and states an amenity that is associated with the property which is available for sale, lease or rent.

SIGN, ROOF: Shall mean any sign which is erected upon, against, or directly above a roof or roof eave, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eave.

SIGN, WALL: Shall mean any sign which is erected, constructed or attached to the wall of any building or structure, with the exposed face of the sign in a place approximately parallel to the plane of such wall.

SIGN AREA: Shall mean the total area of the copy and background. In the case of signs consisting of cutout letters or block type displays, the area measured within the periphery of the cutout letters or block displays shall be included.

SINGLE FAMILY RESIDENTIAL ZONE or SINGLE FAMILY ZONE: Means the R-1 or R-1-H zones.

SINGLE FAMILY ZONED PROPERTY or SINGLE FAMILY PROPERTY: Means a property with a single family zone designation.

SINGLE ROOM OCCUPANCY HOTEL (SRO): Means housing composed of individual efficiency dwelling units, where each unit has a minimum floor area of 150 square feet and a maximum size of 500 square feet. To qualify as an SRO, no more than 10% of the units may contain individual kitchens and bathrooms. Any unit not developed with individual kitchens and bathrooms must have access to common areas containing kitchen and bathroom facilities. SROs are not linked to any on-site or off-site services, including but not limited to life skills counseling, childcare, or job training and placement.

SITE PLAN: Means a dimensional drawing to scale showing existing and proposed structures and uses for the purpose of evaluating compliance with the applicable requirements of this chapter.

SOBER LIVING FACILITY: Shall mean a group home that provides a sober living environment for persons recovering from alcohol and/or drug abuse and has a meeting room used for assembly purposes, such as, but not limited to, Alcoholics Anonymous meetings. A Sober Living Facility is not a rehabilitation or alcoholic treatment center, and may have, but does not need to have, on-site resident managers. Unless required by State law, a Sober Living Facility need not be licensed or regulated by the State of California.

SPECIFIED ANATOMICAL AREAS: Shall mean and include any of the following:

1.    Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

(i)    human genitals, pubic region;

(ii)    buttocks, anus; or

(iii)    female breasts below a point immediately above the top of the areola; or

2.    Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: Shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

1.    Human genitals in a state of sexual stimulation or arousal; and/or

2.    Acts of human masturbation, sexual stimulation or arousal; and/or

3.    Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

4.    Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

5.    Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

6.    Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

STABLE: Means an enclosed structure designed or used to shelter horses.

STATIC ELECTRONIC NUMERIC DISPLAY: Means a sign with fixed or changeable numeric display formed by the selective illumination of an array of individual light bulbs or light emitting diodes. Use of said signs shall be limited to the portion of the sign structure devoted exclusively to the display of price information when required by state or federal law.

STORAGE FACILITY, PUBLIC: Means a structure or structures where members of the public may store and retrieve personal items. One (1) dwelling unit per facility is allowed for caretakers on the premises. Does not include automobile storage, which is classified separately.

STORY: Means that portion of a building that is the area between the upper surface of any floor and the upper surface of the next floor 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 above. A basement, cellar, parking garage or unused underfloor space shall not be considered a story if three (3) feet or less above grade. A one story house is a maximum of 12' to top of plate, where the plate is a horizontal member built into or laid along the top of a wall to support and distribute the pressure from joists, rafters, etc. Any space with a ceiling or top plate exceeding the maximum allowed story height shall be considered as constituting two stories for the purpose of calculating Floor Area.

STREET: Means a public way which affords the principal means of access to abutting property, and which may include abutting curbs, parkways, and sidewalks.

STREET LINE, FUTURE: Means a line, established on property, parallel to an abutting street to which the street is proposed to be widened.

STRUCTURAL ALTERATION: Means a change to the supporting members of a structure, including walls, columns, beams or girders, floor or ceiling joists, roof rafters or diaphragms, foundations, piles, retaining walls, or similar members.

STRUCTURE: Means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, except for: NON-COMMERCIAL CORRAL, STABLE inclusive of tack rooms and similar accessory support facilities and KENNEL that are constructed for the keeping of horses, dogs and cats, or a combination thereof and have a separate definition within this Code.

STRUCTURE, ACCESSORY: Means a structure detached from the main structure of which an accessory use is made.

STRUCTURE HEIGHT: Means Building Height, or as to any other structure the vertical distance measured from the grade to the highest elevation of the structure.

SUBSTANTIAL CHANGE IN PHYSICAL DIMENSIONS: means a change in the physical dimensions or configuration of a WTF that defeats the concealment elements of the originally permitted WTF, that result in public safety, visual, noise, or other impacts that are materially greater than those that would have existed if the WTF were installed as originally permitted, or that otherwise falls within criteria established for defining a “Substantial Change in Physical Dimensions” by a duly authorized agency of the United States. The determination of whether or not a proposed modification to a WTF constitutes a substantial change in physical dimensions shall be made by the Director or his/her designee.

SUPPORTIVE HOUSING: Means permanent affordable housing with no limit on length of stay that is occupied by the target population as defined in the Health & Safety Code Section 53260(d), and that is linked to on- 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(b)).

TARGET POPULATION: Means adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 of the Welfare and Institutions Code, commencing with Section 4500) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. (Health and Safety Code Section 53260(d)).

TEMPORARY AID CENTER: Shall mean any establishment that provides homeless and low-income people with short-term services, where no person is denied assistance because of inability to pay. Temporary Aid Centers provide supportive services such as food, clothing, counseling, laundry, and access to other social programs, but do not provide overnight shelter. This use does not include establishments that function as medical or professional offices and provide social services.

TOWN HOUSE: Means a dwelling used for a single family residence which abuts one (1) or more dwellings and is without side yards where so abutting.

TRADE SCHOOL: Means an institution offering instruction in a trade or vocation that is not of an academic or professional nature.

TRAILER: Means a vehicle, without motive power, designed or used for transporting property on its own structure and for being drawn by a motor vehicle, but not designed or used for human habitation.

TRANSIENT: Means a person who is receiving accommodations for compensation, with or without meals, for a period of not more than 90 continuous days in any one (1) year.

TRANSITIONAL HOUSING and TRANSITIONAL HOUSING DEVELOPMENT: Means buildings 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)).

UNLICENSED WIRELESS SERVICE: Means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services.

USE: Means a purpose for which land or a structure is used.

USE, ACCESSORY: Means a use subordinate or incidental to the main use of a lot or structure.

WAREHOUSING AND STORAGE: Means a building or facility used for storing materials and products. These facilities are not open to the general public.

WHIP ANTENNA: Shall mean a pole or single element vertical antenna no more than three (3) inches in diameter.

WIRELESS TELECOMMUNICATIONS FACILITY (WTF): Means a commercial facility that transmits and/or receives electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles, distributed antenna systems, support or accessory structures and related equipment. Amateur radio operators are not included in this definition. Includes related equipment, which is all equipment ancillary to the transmission and reception of a wireless telecommunications facility. Such equipment may include, but is not limited to, cable, conduit and connectors, electrical meters, and enclosed electrical equipment.

YARD: Means a space on a lot which is open, unoccupied and unobstructed from the ground upward except for permitted facilities. An open space on a lot, other than an interior courtyard on a lot, that is unoccupied and unobstructed from the ground upward. See also SETBACK.

YARD, FRONT: Means a yard extending across the front of a lot for the full width of the lot extending from the front lot line or future street line to a required depth between the side lot lines. The depth of a front yard is a distance specified for the zone in which it is located and measured inward from the front lot line. In a flag lot, the front yard is established from the front lot line of the flag portion of the lot, not the pole. The pole portion of the lot is excluded when determining the front setback requirement.

YARD, INTERIOR SIDE: Means a yard extending from a required front yard to a required rear yard, along an interior side of a lot from the front lot line to the rear lot line, and to a depth specified for the zone in which it is located and measured inward from the interior side lot line side property line or future street line to the width required.

YARD, REAR: A yard extending across the rear of a lot for its full width of a lot measured from the rear lot line to a required depth between side lot lines, and to a depth specified for the zone in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

YARD, STREET FACING SIDE: Means a yard along the street side of a corner lot from the front lot line to the rear lot line, and to a depth specified for the zone in which it is located and measured inward from the street side lot line.

ZONE: Means a classified district shown on the Zone Map, in which certain uses are permitted, conditional, or prohibited, as specified in this chapter.

ZONE, CHANGE OF: Means the legislative act of removing one (1) or more parcels of land from one zone and placing them in another zone on the Zone Map.

ZONE MAP: Means the Official Zone Map of the City, as amended. [Formerly numbered Section 31-5; amended by Ord. No. 22-3,970, eff. 4/15/22; 21-3,957; 20-3,946; 20-3,932; 20-3,931; 19-3,930; 18-3,901; 17-3,890; 16-3,879; 15-3,868; 15-3,860; 3842, 3841, 3840, 3839, 3829, 3826, 3817, 3816, 3812, 3810, 3804, 3776, 3774, 3750, 3743, 3700, 3676, 3669, 3663, 3644, 3621, 3588, 3564, 3557, 3556, 3537, 3535, 3503, 3495, 3488, 3475, 3465, 3464, 3457, 3439, 3431, 3404, 3400, 3376, 3365, 3335, 3267, 3263, 3259, 3200, 3194, 3181, 3173, 3150, 3145, 3140, 3139, 3120, 3113, 3109, 3088, 3087, 3058, 3017, 2930, 2912, 2872, 2859, 2858, 2842, 2836, 2768, 2597, 2588, 2515, 2470, 2420, 2386.]