Chapter 8.08
DEFINITIONS

8.08.010 Purpose and Intent.

The purpose and intent of this chapter is to provide definitions of the terms and phrases used in this Title that are technical or specialized, or that may not reflect common usage. Section 8.04.060, Interpretation, determines how language used throughout the Title is interpreted and sets forth general rules of construction that apply to the textual provisions of this Title. Where any of the definitions in this Chapter may conflict with definitions in the other chapters of the Dublin Municipal Code, these definitions prevail for the purposes of this Title.

8.08.020 Definitions (A-Z)

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Accessory Storage - Multifamily Residential. The term Accessory Storage - Multifamily Residential shall mean a dedicated, enclosed and securable space located within an individual dwelling unit, an attached or detached individual garage, or another dedicated space approved by the Community Development Director, in which occupant(s) of the dwelling unit can store their personal effects. Accessory Storage - Multifamily Residential spaces shall not include bedroom closets, linen closets, pantries or any other areas customarily provided to meet the day-to-day functions of the dwelling unit. Accessory Storage - Multifamily Residential spaces may be used to satisfy required bicycle storage space. Ord. 10-13 (December 2013)

Accessory Structure. The term Accessory Structure shall mean a detached structure or building accessory and subordinate to a lawfully established Principal Structure on the same lot, and such other accessory structures as determined by the Director of Community Development, which are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to, such lawfully established Principal Structure and which does not change the character of the Principal Structure. Rev. Ord. 16-02 (October 2002)

Adult Business Establishment (use type). The term Adult Business Establishment shall mean establishments such as a Cabaret, Model Studio, Outcall Service Activity, Sex-oriented Bookstore, Sex-oriented Hotel or Motel, Sex-oriented Motion Picture Arcade, Sex-oriented Motion Picture Theater, Sexual Encounter Center, or other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas, or any establishment, determined to be substantially similar to the above by the Director of Community Development, but not those uses or activities, the regulation of which is preempted by state law.

Agricultural Housing (use type). The term Agricultural Housing shall mean dwellings and/or living quarters for farm laborers, or other types of dwellings determined to be substantially similar to the above by the Director of Community Development. Agricultural Housing shall not be in addition to a Caretaker Residence or a Farm Mobile Home.

Agricultural Processing (use type). The term Agricultural Processing shall mean the processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere, including but not limited to the following, provided that any of the activities performed in the field with mobile equipment not involving permanent buildings are included under “Crop Production”: alfalfa cubing; corn shelling; cotton ginning; custom milling of flour, feed and grain; custom grist mills; grain cleaning and custom grinding; hay bailing and cubing; pre-cooling and packaging of fresh or farm-dried fruits and vegetables, sorting, grading and packing of fruits and vegetables; tree nut hulling and shelling; wineries and alcohol fuel production, and other agricultural processing determined to be substantially similar to the above by the Director of Community Development.

Ambulance Service (use type). The term Ambulance Service shall mean establishments which provide for the basing and operation of ambulances serving the general public, storage and maintenance of ambulances, an office necessary to manage the use, and sleeping facilities for one ambulance crew. An Ambulance Service use shall not be used as a permanent residence.

Animal Keeping - Agricultural (use type). The term Animal Keeping - Agricultural, shall mean the keeping, feeding, and raising for commercial purposes of a maximum total of 10 common farm animals such as horses, cattle, sheep, hogs, chickens, turkeys, or goats, or other animals determined to be substantially similar to the above by the Director of Community Development, on a parcel of at least five acres in size.

Animal Keeping - Commercial (use type). The term Animal Keeping - Commercial shall mean the keeping, feeding and raising for commercial purposes of 100 or more common farm animals such as horses, cattle, sheep, hogs, or goats, or other animals determined to be substantially similar to the above by the Director of Community Development, on a parcel of at least 50 acres in size. This definition does not include the keeping of chickens, turkeys, ostriches, emus, or exotic birds in aviaries.

Animal Keeping - Residential (use type). The term Animal Keeping - Residential shall mean the keeping, feeding and raising of more than two dogs or two cats, or the keeping of livestock (as defined in Chapter 5.36.020 of the Dublin Municipal Code) as accessory to any residence located in any Residential zoning district. Animal keeping must be pursuant to a valid Animal Fanciers Permit as required by Chapter 5.36 of the Municipal Code.

Animal Sales and Services (use type). The term Animal Sales and Services shall mean establishments which sell animals or provide services related to animals including hay and feed sales, animal grooming, animal hospital, animal sales, kennel, veterinarian, veterinary clinic or hospital, and similar goods or services determined to be substantially similar to the above by the Director of Community Development.

Apartment. The term Apartment shall mean a multifamily building of three or more individual residential units that is under single ownership. Ord. 5-15 (August 2015)

Arcade (use type). The term Arcade shall mean a place of business or establishment containing five or more coin-operated amusements and/or electronic games, or other amusements determined to be substantially similar to the above by the Director of Community Development. Four or fewer coin-operated amusements and/or electronic games are not considered a land use separate from the primary land use of the site.

Artisan. The term Artisan shall mean individuals who make custom items for sale at retail.

Arts and Crafts Fair (use type). The term Arts and Crafts Fair shall mean a temporary event offering for sale goods and merchandise which are handmade or hand-crafted items for sale by the original artist.

Auction Yard (use type). The term Auction Yard shall mean a facility where merchandise, automobiles, trucks, recreational vehicles, boats and trailers, and other vehicles or goods determined to be substantially similar to the above by the Director of Community Development are sold at auction. Anyone wishing to conduct the business of an auctioneer shall comply with the requirements of law and shall obtain a license as required by Chapter 4.12 of the Municipal Code.

Auditorium (use type). The term Auditorium shall mean a large room to accommodate an audience in a building such as a school or theater. Rev. Ord. 15-09 (November 2009)

Automobile/Vehicle Brokerage (use type). The term Automobile/Vehicle Brokerage shall mean a business wherein a broker arranges for the sale of automobiles or vehicles to the customers of the brokerage. The Auto Brokerage shall be duly licensed by the Department of Motor Vehicles. No automobiles or trucks shall be kept or displayed on the premises for sale. One parking place shall be maintained for the display of the automobile or vehicle sold when the customer picks up the automobile or vehicle.

Automobile/Vehicle Rental (use type). The term Automobile/Vehicle Rental shall mean an establishment which rents automobiles, vans, trucks, recreational vehicles, and utility trailers, and which services those vehicles as an accessory use. This use type may include other types of vehicles which are substantially similar to the above as determined by the Director of Community Development.

Automobile/Vehicle Repairs and Service (use type). The term Automobile/Vehicle Repairs and Service shall mean establishments which repair, tow, and service automobiles, trucks, boats, and recreational vehicles. The repair or service may include body work, painting, engine and transmission repair, tire recapping and sales, alignment services, coolant system repairs, machine shops, and other repairs or services determined to be substantially similar to the above by the Director of Community Development. This Use Type does not include Automobile/Vehicle Storage Lot, repair shop subordinate to and maintained by an automobile dealership under Automobile/Vehicle Sales and Service, or Salvage and Wrecking Yards.

Automobile/Vehicle Sales and Service (use type). The term Automobile/Vehicle Sales and Service shall mean establishments, such as full-service automobile dealers, which sell and service, as an accessory use, automobiles, trucks, recreational vehicles, boats and trailers, and other vehicles determined to be substantially similar to the above as determined by the Director of Community Development.

Automobile/Vehicle Storage Lot (use type). The term Automobile/Vehicle Storage Lot shall mean an establishment providing for the storage of operable automobiles, trucks, recreational vehicles, boats and trailers, and other vehicles determined to be substantially similar to the above as determined by the Director of Community Development. Rev. Ord. 1-04 (January 2004)

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Banks and Financial Services (use type). The term Banks and Financial Services shall mean financial institutions including: banks, credit unions, and trust companies; lending and thrift institutions; credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies; vehicle finance (equity) leasing agencies; and other similar uses determined to be substantially similar to the above by the Director of Community Development.

Bed and Breakfast Inn (use type). The term Bed and Breakfast Inn shall mean a transient lodging establishment (other than a hotel or motel) primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to those receiving transient lodging.

Billiard/Pool Hall (use type). The term Billiard/Pool Hall shall mean a place where people gather for playing pool and/or other cue sports. Such establishments often serve alcohol and may have gaming machines, darts, foosball and other games on the side. Rev. Ord. 15-09 (November 2009)

Bird Keeping - Commercial (use type). The term Bird Keeping - Commercial shall mean the keeping feeding and raising for commercial purposes of a total of 100 or more chickens, turkeys, ostriches, emus, or exotic birds, or other birds determined to be substantially similar to the above by the Director of Community Development, on a parcel of at least 25 acres in size.

Block. The term Block shall mean that property abutting on one side of a Street or Road which lies between the two nearest intersecting or intercepting Streets or Roads, or between the nearest such cross Street or Road and an intersecting railroad right-of-way, water course, body of water, or the end of the Street or Road.

Boarders. The term Boarders shall mean a person who receives regular lodging rights (including but not limited to a place to eat and sleep) in return for compensation, whether direct or indirect. Ord. 1-19 (January 2019)

Boarding House (use type). The term Boarding House shall mean a housing unit used for residential purposes, other than a hotel, where lodging and meals for five or more non-transient persons, who are not living as a single housekeeping unit, are provided for compensation, whether direct or indirect. In determining the number of persons lodging in a boarding house, all residents shall be counted, including those acting as a manager, landlord or building superintendent. A Boarding House is considered to be a Multifamily Dwelling. Rev. Ord. 1-19 (January 2019)

Building. The term Building shall mean any artifact constructed or erected, the use of which requires attachment to the ground, or which is over 120 square feet in area or over 6 feet in height, or any Building that requires a building permit, but not including fences or walls 6 feet or less in height, or concrete flat work such as patios or planters less than 12 inches in height. A vehicle regulated by the State Vehicle Act shall not be deemed to be a Building.

Building Materials Sales (use type). The term Building Materials Sales shall mean indoor retail enterprises which sell building materials, tools, lumber, plumbing supplies, hardware, drywall, lighting fixtures, flooring, paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies, (which may also be sold in hardware stores classified under General Commercial use type). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of sales. Building Materials Sales may include other goods or services as determined to be substantially similar to the above by the Director of Community Development. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified under the Wholesaling and Distribution use type. Retail - Outdoor Storage for Retail - Service uses is permitted pursuant to a Conditional Use Permit in the C-1 and C-2 zoning districts per Chapter 8.12, Zoning Districts and Permitted Uses of Land.

Building Site. The term Building Site shall mean the land area consisting of one or more recorded Lots which constitute a unit, either under one Ownership or for use as a condominium, which is to be considered as a site either occupied or to be occupied by a Main Building or Building and Accessory Structures or by a Principal Use and Accessory Uses together with the Yards, open spaces and parking and loading spaces required by this Title.

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Cabaret. The term Cabaret shall mean a bar, nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, “go-go” dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas,” (as defined below), for observation by patrons therein, or any such use type or performer or act determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment.

“California Massage Therapy Council” or “CAMTC” means the Massage Therapy Organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code. Ord. 4-15 (July 2015)

Car Wash/Detailing (use type). The term Car Wash/Detailing shall mean an enterprise which cleans and details automobiles, either mechanically or by hand, or which provides facilities for customers to clean the cars themselves, or other service determined to be substantially similar to the above by the Director of Community Development.

Card Room (use type). The term Card Room shall mean a gambling establishment that exclusively offers card games for play by the public. Rev. Ord. 15-09 (November 2009)

Caretaker Residence (use type). The term Caretaker Residence shall mean permanent or temporary housing that is secondary or accessory to the primary use of the property. Such dwellings are used for housing a caretaker employed full-time on the site of a non-residential use where a caretaker is needed for security purposes or to provide 24-hour care or monitoring of facilities, equipment, or other conditions on the site. A Caretaker Residence shall not be in addition to Agricultural Housing or a Farm Mobile Home.

Carnival (use type). The term Carnival shall mean an event intended to serve a public need by providing a community service or special entertainment event for the Dublin community which is normally only provided as a temporary and/or seasonal activity.

Cemeteries, Columbarium’s and Mortuaries (use type). The term Cemeteries, Columbarium’s and Mortuaries shall mean interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations; and full-service funeral parlors, whether accessory to or separate from a cemetery or columbarium.

“Certified Massage Therapist” means a Massage Therapist certified by the California Massage Therapy Council as a Certified Massage Practitioner or as a Certified Massage Therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code. Ord. 4-15 (July 2015)

Christmas Tree Sales Lot (use type). The term Christmas Tree Sales Lot shall mean a temporary establishment which sells Christmas trees and accessories.

Comedy Club (use type). The term Comedy Club shall mean a commercial establishment that offers comedy stage shows and charges either a fee for admission or requires a purchase of item(s) at the venue. Rev. Ord. 15-09 (November 2009)

Commercial Vehicle. The term Commercial Vehicle shall mean a vehicle of a type required to be registered under the California Vehicle Code and used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained for the transportation of property. This includes but is not limited to buses; trucks exceeding 8 feet in height and/or 20 feet in combined total length or towed equipment, or weighing over 10,000 pounds; or other vehicles which are substantially similar to the above as determined by the Director of Community Development.

Common Useable Open Space. The term Common Useable Open Space shall mean minimum useable open space within the area of a Building Site designed and reserved for outdoor living, recreation, pedestrian access and landscaping. The calculation of Common Useable Open Space shall be made by deducting from the total area of the building site:

a.    Maximum Lot Coverage.

b.    Paved parking areas, driveways and maneuvering areas.

c.    Areas having a slope in excess of 20%.

d.    Any open space less than 10 feet in its smallest dimension.

To this remainder should be added any roof-top or outside deck space more than 7 feet in its smallest dimension which is directly accessible, and safely useable, by occupants of the residence(s).

Community Care Facility/Large (use type). The term Community Care Facility/Large shall mean a 24-hour residential facility providing care for seven or more persons including the elderly, persons in an alcoholism or drug abuse recovery or treatment facility, persons in a facility for mentally disordered, handicapped persons or dependent and neglected children, persons in an intermediate care facility/developmentally disabled-habilitative, intermediate care facility/developmentally disabled-nursing, and congregate living health facilities. A Community Care Facility may be located in any type of residence.

Community Care Facility/Small (use type). The term Community Care Facility/Small shall mean a 24-hour residential facility providing care for six or fewer persons including the elderly, persons in an alcoholism or drug abuse recovery or treatment facility, persons in a facility for mentally disordered, handicapped persons or dependent and neglected children, persons in an intermediate care facility/developmentally disabled-habilitative, intermediate care facility/developmentally disabled-nursing, and congregate living health facilities. A Community Care Facility may be located in any type of residence. A Community Care Facility for six or fewer persons shall be considered a residential use of property.

Community Clubhouse (use type). The term Community Clubhouse shall mean a facility or rooms used by members of an organized club, lodge, union, homeowners association, or society.

Community Facility (use type). The term Community Facility shall mean any of the following uses or buildings: Place of Worship, rectory or convent; school attendance at which satisfies the requirements of the Compulsory Education Law of the State; library; college; museum; university; public utility building or uses; pipelines and transmission lines, park-and-ride lots, publicly-owned storage garage, repair shop, or corporation yard; water extraction and/or storage facility; or other similar use or structure determined to be substantially similar to the above by the Director of Community Development. Rev. Ord. 1-04 (January 2004)

Conditional Approval. The term Conditional Approval shall mean the approval of a Conditional Use Permit, Site Development Review, or Variance application subject to conditions adopted by the City Council, Planning Commission, Zoning Administrator, or Director of Community Development.

Condominium. The term Condominium shall mean a multifamily building where the units are individually owned and the common space is owned collectively by condominium unit owners. Ord. 5-15 (August 2015)

Copying and Blueprinting (use type). The term Copying and Blueprinting shall mean establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process including electrostatic (xerographic) copying and other “quick printing” services; and establishments serving the printing trade such as bookbinding and laminating, typesetting, or other service determined to be substantially similar to the above by the Director of Community Development.

Cottage Food Operations (use type). The term Cottage Food Operations shall mean a home-based food business, established within a residential dwelling as an accessory use that is incidental and subordinate to the residential dwelling, where specific food products are prepared for sale to consumers consistent with the California Homemade Food Act and as further defined in Health and Safety Code Section 113758, as may be amended. Rev. Ord. 25-14 (December 2014)

Crop Production (use type). The term Crop Production shall mean agricultural production, vine or tree farm, truck garden, plant nursery, commercial greenhouse, apiary, horticulture, vineyard, hopyard, and associated crop preparation and harvesting activities on a minimum acreage of 5 acres, or any other type of agriculture determined to be substantially similar to the above by the Director of Community Development.

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Dance Floor (use type). The term Dance Floor shall mean a dance floor on which is held, conducted, or allowed a public dance on premises open to the public which is at least 120 square feet in size and which provides for a minimum of four and one-half feet distance between the dance floor and any counter or bar, or stools in connection therewith. A dance permit is required by Chapter 5.52 of the Municipal Code.

Day Care Center (use type). The term Day Care Center shall mean any day care facility which provides non-medical care and supervision for 15 or more persons including children, seniors or persons with disabilities, for less than 24 hours a day. A Day Care Center includes, but is not limited to, infant centers, preschools, sick-child centers, before or after-school programs for school aged children with or without an educational component, adult day care facilities, and similar uses as determined by the Community Development Director. Rev. Ord. 6-13 (November 2013)

Days. The term Days, whenever a number of days is specified in this Title, or in any permit, approval, condition of approval or notice issued or given as provided in this Title, such number of days shall mean and be construed as calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday or any City holiday.

Deck. The term Deck shall mean an outdoor activity area consisting of a wood and/or concrete platform that is elevated at least 12 inches above the surrounding finish grade, and is unenclosed other than by a railing.

Department. The term Department shall mean the City of Dublin Department of Community Development.

Development. The term Development shall mean any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of buildings or structures, or the establishment of a land use. New development shall mean any Development which occurs after the effective date of this Title.

Development Project. The term Development Project shall mean a proposed project requiring the approval of the City of Dublin in order to proceed to completion.

Developer. The term Developer shall mean the qualified applicant for a development project. One who has a legal or equitable interest in the real property which is the subject of the Development Project application. An authorized agent of the qualified applicant.

Discretionary Action. The term Discretionary Action shall mean an action or approval of a Permit which requires the exercise of judgment or deliberation when the City decides to approve or disapprove a Permit as distinguished from situations where the City merely has to determine whether there is conformity with applicable statutes, ordinances, or regulations.

Drive-In/Drive-Through Business (use type). The term Drive-In/Drive-Through Business shall mean an establishment or business activity where sales or service activity is predominantly rendered to patrons who normally receive the product or utilize the service, at least in part, through an outside service window while in automobiles upon the premises. This definition includes drive-through oil changing facilities, drive-through car washes, drive-through restaurants, drive-through coffee bars, drive-through rental or sale of movies or software, and drive-through bank tellers and other uses determined to be substantially similar to the above by the Director of Community Development.

Driveway. The term Driveway shall mean a vehicle access way extending from a road or street to a building or structure, vehicle parking or delivery area, or pedestrian drop-off point on the site of a land use, or between such areas on a site.

Duplex. A building on a single lot containing two dwelling units each of which is totally separated from the other by a shared wall that extends from the foundation to the roof. Rev. Ord. 5-15 (August 2015)

Dwelling or Dwelling Unit. The term Dwelling or Dwelling Unit shall mean one or more habitable rooms that are designed and/or used as independent living quarters for one family, with facilities for living, eating and sleeping, with no more than one kitchen facility consisting of one or more of the following: sink, cooking facility or refrigerator (except that two kitchens are allowed where the habitable floor area of the dwelling is 8,000 square feet or larger), and at least one bathroom, and where all such habitable areas have access to each other from within the building. Any detached structure or portion of a dwelling which has a separate entry and is separate from that dwelling, containing a full bathroom including a water closet, basin, and shower or bathtub or containing a half bathroom including a water closet and basin, the area of which half bathroom exceeds 20 square feet, shall also be considered a dwelling or dwelling unit.

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Eating and Drinking Establishment (use type). The term Eating and Drinking Establishment shall mean restaurants, banquet facilities, bars, microbreweries, and taverns and other establishments selling prepared foods and drinks for on-premises consumption, as well as drive-through restaurants, lunch counters and refreshment stands selling prepared food and drinks for either immediate or off-premises consumption, or other purveyors determined to be substantially similar to the above by the Director of Community Development. Rev. Ord. 1-19 (January 2019)

Eating and Drinking Establishment - Specialty (use type). The term Eating and Drinking Establishment - Specialty shall mean an establishment that primarily sells a single type of prepared food or drink not considered to be a traditional meal for immediate on-premises or off-premises consumption or other establishments determined to be substantially similar by the Director of Community Development. An Eating and Drinking Establishment - Specialty does not include coffee shops or establishments with take-out service only. Rev. Ord. 5-10 (April 2010)

Eating and Drinking Establishment - Take Out (use type). The term Eating and Drinking Establishment - Take Out shall mean an establishment that sells prepared food and/or drink for off-premises consumption. An Eating and Drinking Establishment - Take Out may have up to 4 seats for on-premises consumption and includes establishments with take-out service only, or other establishments determined to be substantially similar by the Director of Community Development. Rev. Ord. 5-10 (April 2010)

Emergency Shelter (use type). The term Emergency Shelter shall mean a facility that provides temporary, short-term housing, with minimal supportive services, for homeless individuals or families, provided that no facility shall be used as temporary, short-term housing by any individual or family for more than 30 consecutive days. Rev. Ord. 4-11 (April 2011); Ord. 25-04 (October 2004)

Equipment and Materials Storage Yard (use type). The term Equipment and Materials Storage Yard shall mean a yard enclosed by a solid view-obscuring fence or wall and used for the storage of materials and equipment used for construction or to be installed on the property of the purchaser. This use type includes equipment rental yards and other uses determined to be substantially similar to the above as determined by the Director of Community Development.

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Family. The term Family shall mean one or more persons occupying a dwelling and living as a single, non-profit housekeeping unit, including any servants. This is distinguished from a group occupying a boarding house, community care facility, supportive or transitional housing when configured as group housing, hotel or motel, club, fraternity or sorority house. Rev. Ord. 4-11 (April 2011)

Family Day Care Home/ Large (use type). The term Large Family Day Care Home shall mean a home which provides family day care to up to 14 children, inclusive, including children under the age of 10 years who reside in the home. Rev. Ord. 20-06 (November 2006)

Family Day Care Home/ Small (use type). The term Small Family Day Care Home shall mean a home which provides family day care to up to 8 children, including children under the age of 10 who reside in the home. A Small Family Day Care Home shall be considered a residential use of property. No permits or business license are required. Rev. Ord. 20-06 (November 2006)

Farm Mobile Home (use type). The term Farm Mobile Home shall mean a mobile home as defined in this Title which is used for the housing of a full-time employee (and family) of the farm on which it is located where that farm has a minimum size of 50 acres and where it can be demonstrated that security cannot be obtained by existing single family dwelling occupancy.

Farmer’s Market (use type). The term Farmer’s Market shall mean events offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to consumers, products which are produced on land the producer controls.

Fence. The term Fence shall mean a barrier constructed of wood or other materials which are intended to demarcate a boundary, separate land uses, secure animals, enclose property, or exclude people and animals from a designated area.

Festival/Street Fair (use type). The term Festival/Street Fair shall mean Festivals, Neighborhood/Place of Worship/School Festivals, and Street Fairs of a not-for-profit nature allowed as a temporary use.

Fireworks Sales (use type). The term Fireworks Sales shall mean the temporary sale of fireworks, as regulated by the Fire Marshal. Rev. Ord. 16-02 (October 2002)

Flag Lot. The term Flag Lot shall mean a lot which complies with the development regulations required by the zoning district in which it is located but which does not have direct frontage on a road or street, and which is connected to a road or street by a narrow fee ownership appendage, not over 400 feet in length nor less than 20 feet in width, that is primarily used to provide access to the building site on the lot.

Floor Area. See Gross Floor Area.

Floor Area Ratio. The term Floor Area Ratio shall mean the Gross Floor Area permitted on a site divided by the total net area of the site.

Fortunetelling (use type). The term Fortunetelling shall mean telling of fortunes, forecasting of futures or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, tea leaves, or other such reading, mediumship, seership, prophesy, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic, of any kind or nature or by any other means determined to be substantially similar to the above by the Director of Community Development, where such activities are undertaken for pay. A permit for fortunetelling is required by Chapter 4.08 of the Municipal Code.

Future Right-Of-Way Line. The term Future Right-Of-Way Line shall mean a right-of-way line established by the City of Dublin to determine special building setbacks from certain street or highway rights-of-way, including future road rights-of-way. In any case where a Future Right-Of-Way Line is established, the Front Setback shall be measured from the Future Right-Of-Way Line instead of the existing right-of-way line.

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Garage/Yard Sale (use type). The term Garage/Yard Sale shall mean the temporary sale of used household or personal articles held on the seller’s own residential premises, also referred to as a yard sale or rummage sale, or other type of sale of personal articles determined to be substantially similar to the above by the Director of Community Development.

General Plan. The term General Plan shall mean the City of Dublin General Plan, including all elements thereof and all amendments thereto, as adopted by the City Council pursuant to Section 65300 et.seq. of the California Government Code.

Grade. The term Grade shall mean the vertical location of the ground surface, as follows:

a.    Existing or natural grade: The contour of the ground surface before grading.

b.    Rough grade: The stage at which the grade approximately conforms to an approved grading plan.

c.    Finish grade: The final terrain contour of a site that conforms to an approved grading plan. Where there is no approved grading plan, Finish Grade is the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a perimeter drawn 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, whichever is lowest. In the case of walls parallel to and within five feet of a public sidewalk, alley, or other public way, the Finished Grade shall be the elevation of the sidewalk, alley, or public way.

Greenhouse. The term Greenhouse shall mean an accessory structure; which is clearly subordinate, incidental, and accessory to, the principal residential use on the same site; with transparent or translucent roof and/or wall panels intended for the non-commercial raising of plants. See Chapter 8.40, Accessory Structures and Uses.

Gross Floor Area. The term Gross Floor Area shall mean the floor area, including the total floor area of each floor and of all buildings on a site, including internal circulation (halls, lobbies, stairways, elevator shafts, enclosed porches, and balconies, etc.), storage and equipment space, as measured from the outside faces of the exterior walls.

Guesthouse. The term Guesthouse shall mean a structure with a sleeping space, detached from, and clearly subordinate, incidental, and accessory to, a principal residence on the same site. A Guesthouse may include a bathroom and other living space, but not kitchen facilities, and shall not be rented or otherwise used for residential occupancy independent from the principal residence. See Chapter 8.40, Accessory Structures and Uses.

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Health Club/Fitness Center (use type). The term Health Club/Fitness Center shall mean a place which houses exercise equipment for the purpose of physical exercise. Often there are also group exercise courses for aerobics or the like offered. Health Club/Fitness Centers generally charge a fee to allow visitors to use the equipment, courses, and other provided services. A Health Club/Fitness Center may or may not include an indoor sauna, spa or hot tub facilities or other ancillary facilities such as a pool or sports courts. Rev. Ord. 15-09 (November 2009)

Health Services/Clinics (use type). The term Health Services/Clinics shall mean service establishments primarily engaged in providing outpatient medical, mental health, surgical and other personal health services including: medical, dental, psychiatric, medical and health care such as acupressurists, acupuncturists, chiropractors, chiropodists, dentists, doctors of oriental medicine, herbalists, medical doctors, physical therapists, podiatrists, psychiatrists, optometrists, or other health professionals determined to be substantially similar to the above by the Director of Community Development. Clinics may include accessory retail pharmacies.

Hedge. The term Hedge shall mean a compact screen formed of evergreen plants.

Height. The term Height shall mean the height limits for buildings and structures and shall be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the natural grade.

Home Occupation (use type). The term Home Occupation shall mean the gainful employment of the occupant of a dwelling in a limited commercial activity, with such employment activity being incidental and subordinate to the residential use of the property.

Horse Stable/Riding Academy (use type). The term Horse Stable/Riding Academy shall mean a facility for the boarding, keeping, feeding, and breeding, training and exhibiting of a maximum of 5 horses per acre, and for teaching horseriding, and where no horses are kept for hire by the hour, on a parcel of at least 10 acres in size.

Horsekeeping (use type). The term Horsekeeping shall mean the keeping of a maximum two horses on a parcel of a minimum of one acre in size.

Hospital/Medical Center (use type). The term Hospital/Medical Center shall mean hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services. Such establishments have an organized medical staff, in-patient beds, and equipment and facilities to provide comprehensive health care. This Use Type includes residential establishments providing nursing and health related care as a principal use with in-patient beds, such as: skilled nursing facilities (facilities providing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility), extended care facilities, convalescent and rest homes, board and care homes. This Use Type may also include accessory retail pharmacies, and emergency heliports.

Hotel (use type). The term Hotel shall mean guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging for 30 days or less. Hotels provide access to most guest rooms from an interior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, etc.

Household Hazardous Waste Collection Facility. The term Household Hazardous Waste Collection Facility shall mean a facility which meets the requirements of Article 10.8 of the State Health and Safety Code.

Housemover’s Storage Lot (use type). The term Housemover’s Storage Lot shall mean an establishment providing for the storage, behind a solid view-obscuring fence or wall, of homes and other structures determined to be substantially similar to the above by the Director of Community Development, that have been moved from their original location.

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Impound Yard (use type). The term Impound Yard shall mean an establishment which stores operable vehicles which have been towed to the yard. An impound yard shall be located behind a solid view-obscuring fence or wall. This use type does not include storage of inoperable or wrecked vehicles or include a salvage yard or wrecking yard.

Industrial-Heavy (use type). The term Industrial- Heavy shall mean a broad range of industrial uses including manufacturing, wholesale distribution, and warehousing, and accessory restaurant and retail sales to serve the industrial area only. These uses must conform to the Industrial Performance Standards of this Title.

Industrial-Light (use type). The term Industrial-Light includes manufacturing, processing, assembly, high technology, research and development and storage uses conducted indoors, accessory restaurant and retail sales to serve the industrial area only, and other uses determined to be substantially similar to the above by the Director of Community Development. These uses must conform to the Industrial Performance Standards of this Title.

Industrial Transfer/Storage/Treatment Facility (use type). The term Industrial Transfer/Storage/Treatment Facility shall mean any hazardous waste management facility which is not a small-scale transfer facility or a residuals repository. This facility category includes but is not limited to: a. Manifested waste transfer station; b. Recycling facility; c. Aqueous treatment facility; d. Stabilization and solidification facility; and e. Bioremediation.

Inhabitable Space. Accessory structures, with the exception of Guesthouses and Second Units, shall not be constructed so as to provide year around inhabitable space. Rev. Ord. 16-02 (October 2002)

Inoperable Vehicle. See Vehicle - Inoperable.

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Kennel. The term Kennel shall mean a facility for the raising, boarding, and keeping of dogs and/or cats four months of age or older. See Animal Sales and Services.

Key Lot. The term Key Lot shall mean the first lot to the rear of a Corner Lot, the Front Lot Line of which is a continuation of the Side Lot Line of the Corner Lot.

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Laboratory (use type). The term Laboratory shall mean small laboratory establishments (10,000 square feet or less of Gross Floor Area) including medical laboratories, dental laboratories, and uses determined to be substantially similar to the above by the Director of Community Development. This Use Type does not include uses engaged in manufacture of products for commercial sale or distribution (see Research and Development Laboratory), and any uses which produce or are found likely to produce any smoke, dust, odors, glare or vibrations observable outside the building or portion thereof.

Lot. The term Lot shall mean any of the following:

a.    A parcel of real property shown on a subdivision or plat map, required by the Subdivision Map Act (or local ordinance adopted pursuant thereto) to be recorded before the sale, lease, or financing of parcels shown on the map or plat, at the time the map or plat was recorded.

b.    A parcel of real property that has been issued a Certificate of Compliance pursuant to California Government Code Section 66499.35 provided that any applicable conditions of the Certificate have been complied with.

c.    A parcel of real property not described in a. or b. above, provided the parcel resulted from a separate conveyance or from a decree of a court of competent jurisdiction that was either recorded before the requirement of the filing of a subdivision map by the Subdivision Map Act or a local ordinance adopted pursuant thereto or was exempt therefrom.

d.    When referring to a lot in a mobile home park or recreational vehicle park, any area designated or used for the occupancy of one mobile home, travel trailer, recreational vehicle, or camping party.

Lot Coverage. The term Lot Coverage shall mean the maximum lot area which may be covered with buildings and structures. Buildings and structures include all land covered by Principal Buildings, garages and carports, Accessory Structures, covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. All areas of coverage are computed in terms of net lot area at ground level. Rev. Ord. 1-19 (January 2019)

Lot Depth. The term Lot Depth shall mean the horizontal distance measured along a line generally parallel to the Side Lot Lines between the Front Lot Line and the Rear Lot Line or where Side Lot Lines intersect. If either Side Lot Line has any angular change of direction, Lot Depth shall be measured along a straight line starting from the midpoint of the Front Lot Line so as to bisect the front half of the Lot, and extending to the Rear Lot Line.

Lot Frontage. The term Lot Frontage shall mean the frontage of a Lot measured from Side Lot Line to Side Lot Line along the Front Lot Line.

Lot Line. The term lot line shall mean any boundary of a lot. Where adjacent to a public right-of-way a lot line shall be the Street right-of-way line shown on a recorded subdivision map or, when established, a Future Right-Of-Way Line. Where adjacent to a private right-of-way a lot line shall be the boundary of the private right-of-way.

Lot Line, Front. The term Front Lot Line shall mean a line separating the parcel from the Street right-of-way line, Future Right-Of-Way Line, or boundary of private right-of-way. On corner lots, the Front Lot Line shall be the shortest lot line abutting a street in residential zoning districts and the longest lot line abutting a street in commercial/industrial zoning districts. If the lot lines on a corner lot are equal in length, the Front Lot Line shall be determined by the Director of Community Development. On a Through Lot, the Front Lot Line shall be the lot line abutting the street providing the primary access to the lot.

Lot Line, Interior. The term Interior Lot Line shall mean any lot line not abutting a street.

Lot Line, Rear. The term Rear Lot Line shall mean a lot line, not intersecting a Front Lot Line, which is most distant from and most closely parallel to the Front Lot Line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within the lot having a length of 10 feet, parallel to and most distant from the Front Lot Line shall be interpreted as the Rear Lot Line for the purpose of determining required yards, setbacks, and other provisions of this Title.

Lot Line, Side. The term Side Lot Line shall mean a lot line intersecting a Front Lot Line and a Rear Lot Line which is parallel to and adjacent to another lot.

Lot Line, Street Side. The term Street Side Lot Line shall mean a lot line intersecting a Front Lot Line, Rear Lot Line, or Side Lot Line, which is also either the Street right-of-way line, Future Right-Of-Way Line, or boundary of the private right-of-way.

Lot Types. Figure 8-1 shows examples of the following lot types: corner, cul-de-sac, through lot, flag lot, interior, and key lot.

Figure 8-1

Lot Width. The term Lot Width shall mean the horizontal distance between Side Lot Lines, measured at right angles to the line along which lot depth is measured, at a point midway between the Front and Rear Lot Lines.

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Main Building. See Principal Building. Rev. Ord. 20-06 (November 2006)

Main Structure. See Principal Structure.

Main Use. See Principal Use.

Manufactured Home. The term Manufactured Home shall mean a home that was manufactured off-site and installed on-site.

Marijuana - Commercial Medical Business. See definition of “commercial medical marijuana business” in Section 5.58.010. Ord. 9-16 (October 2016)

Marijuana - Commercial Nonmedical Business. See definition of “commercial nonmedical marijuana business” in Section 5.58.010. Ord. 9-16 (October 2016)

Marijuana - Medical Cultivation. See definition of “medical marijuana cultivation” in Section 5.58.010. Rev. Ord. 9-16 (October 2016); Ord. 1-16 (January 2016)

Marijuana - Medical Dispensary. See definition of “medical marijuana dispensary” in Section 5.58.010. Rev. Ord. 9-16 (October 2016); Ord. 1-16 (January 2016)

Marijuana - Nonmedical Cultivation. See definition of “nonmedical marijuana cultivation” in Section 5.58.010. Marijuana - Nonmedical Cultivation must be in compliance with the requirements of Chapter 5.58. Ord. 9-16 (October 2016)

“Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. Rev. Ord. 4-15 (July 2015)

Massage Establishment. Any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of “Massage.” Rev. Ord. 5-15 (August 2015)

Mini-Storage (use type). The term Mini-Storage shall mean storage or warehousing service within a building(s) primarily for individuals to store personal effects and by businesses to store material for operation of an industrial or commercial enterprise located elsewhere. Incidental uses in a mini-storage may include the repair and maintenance of materials stored by the tenant but in no case may storage spaces in a Mini-storage facility function as an independent retail, wholesale, business or service use.

Ministerial Action. The term Ministerial Action shall mean an action or approval of a Permit where the City merely has to determine whether the permit is in conformity with applicable statutes, ordinances, or regulations as distinguished from situations where the City must exercise judgment or deliberation pursuant to any provisions of this Title.

Mobile Home (use type). The term Mobile Home shall mean a vehicle designed and equipped for human habitation, and for being drawn behind a vehicle. Such mobile home must either be constructed after September 15, 1971, and issued an insignia of approval by the California Department of Housing and Community Development and permanently located on a permanent foundation system, or be constructed after July 15, 1976, and issued an insignia of approval by the U.S. Department of Housing and Urban Development and permanently located on a permanent foundation system, or other type of housing determined to be substantially similar to the above by the Director of Community Development.

Mobile Home/Manufactured Home Park (use type). The term Mobile Home/Manufactured Home Park shall mean the development or subdivision of an existing parcel, or contiguous parcels, of land for the purpose of separate sale, lease or financing to allow the installation of mobile homes or manufactured homes.

Model Studio. The term Model Studio shall mean an establishment where, for any form of consideration or gratuity, figure models who display “specified anatomical areas” (as defined below) are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by patrons paying such consideration or gratuity, or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment.

Motel (use type). The term Motel shall mean guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging for less than 30 days. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, etc.

Multifamily Residence (use type). The term Multifamily Residence shall mean a building or a portion of a building used and/or designed as residences for two or more families living independently of each other. Includes: halfplex structures (a halfplex is a single residential unit that is half of a two-unit building where a property line separates the two units); duplexes, triplexes, and fourplexes (detached buildings under one ownership with two, three, or four residential units (respectively) in the same building); and apartments (five or more units under one ownership in a single building); attached unit projects such as condominiums and townhouses; and Boarding House. This use type may include other residential types determined to be substantially similar to the above by the Director of Community Development.

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Newspaper Recycling Bin (use type). The term Newspaper Recycling Bin shall mean a single newspaper recycling bin, used for the deposit or collection of newspapers by the general public, sponsored by a Dublin-based bona-fide place of worship, school, neighborhood group or Dublin-based non-profit, non-restrictive civic or service organization, and on the location of a lawfully existing principal use.

Nightclub (use type). The term Nightclub can include any type of club with peak operating hours in the late evening and nighttime hours (typically after 8:00 p.m.). Nightclubs can include a comedy club, karaoke club, or other entertainment use that is determined to be substantially similar to the above by the Community Development Director. Rev. Ord. 15-09 (November 2009)

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Off-Street Loading Space. Off-Street Loading Space shall mean an area designated for temporary parking for purposes of on- and off-loading. Ord. 1-19 (January 2019)

Office - Contractor’s (use type). The term Office - Contractor’s shall mean businesses that are characterized by the installation of materials or equipment on the property of the purchaser. Equipment and materials are stored indoors in this use type.

Office - Professional/Administrative (use type). The term Office - Professional/Administrative shall mean an office or office building for the conduct of business, administration or professional services, where these activities do not include the manufacture, storage, display except for samples, or sale at retail of any merchandise on the premise, including but not limited to the following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock and bond), business consultant, business management, chiropodist, chiropractor, collecting agency, dentist, employment agency, engineer, financial services, industrial management, insurance, landscape architect, loan agency, medical doctor, mortgage company, optometrist, osteopath, philanthropic or charitable organization, public utilities, real estate, sales representative, secretarial, telephone answering, travel agent, telecommuting center or other uses determined to be substantially similar to the above by the Director of Community Development.

Office Trailer-Commercial (use type). The term Office Trailer-Commercial shall mean the occupancy of a commercial office trailer during the period of construction or remodeling of a permanent commercial or industrial structure(s), for which a valid building permit is in force, in any Commercial or Industrial zoning district.

One-Family Dwelling. See Single-Family Residence.

Outcall Service Activity. The term Outcall Service Activity shall mean any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time Specified Anatomical Areas are displayed or Specified Sexual Activities occur. See Adult Business Establishment.

Outdoor Mobile Vendor (use type). The term Outdoor Mobile Vendor shall mean a person who sells or offers to sell any type of merchandise, including food and beverages, on an ongoing basis, at a fixed location on private property other than within a building or structure constructed on a permanent foundation.

Outdoor Sales By An Established Dublin Business (use type). The term Outdoor Sales By An Established Dublin Business shall mean an outdoor event which offers for sale goods and merchandise which are of the same type as the merchandise sold in the established indoor business at the site.

Outdoor Seating (use type). The term Outdoor Seating shall mean outdoor seating for the purposes of dining for patrons of an Eating and Drinking Establishment.

Ownership. The term Ownership shall mean that a person or persons, firm, corporation, or partnership owns a parcel of land identified on the last equalized assessment roll in fee, or possesses the parcel under a contract to purchase or under a lease, whereby such property is under single or unified control. Such person or persons, firm, corporation, or partnership shall be deemed an owner of that land.

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Parcel. See Lot.

Parking Lot/Garage - Commercial (use type). The term Parking Lot/Garage - Commercial shall mean a facility or enterprise in a commercial zone, whether on a lot or in a structure, which provides parking services for motor vehicles for a fee.

Parking Lot - Residential (use type). The term Parking Lot - Residential shall mean an off-site parking lot in a residential area permitted only to fulfill the residential parking requirements of this Title for a use on an abutting lot or lots.

Peddler. The term Peddler shall mean and include any person, whether a resident of the City of Dublin or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, carrying, conveying or transporting goods, wares, merchandise, publications, or other personal property or services offering and exposing the same for sale, or making sales; and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of Chapter 4.16 of the Municipal Code relating to Peddlers, shall be deemed a “peddler” subject to the provisions of Chapter 4.16 of the Municipal Code. The word “peddler” shall include the words “hawker”, “huckster”, “canvasser”, and “solicitor” and terms deemed substantially similar to the above by the Director of Community Development.

Permit. The term Permit shall mean a permit approved by either a Discretionary Action or Ministerial Action which permits a structure or use regulated by this Title.

Person. The term Person shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal Services (use type). The term Personal Services shall mean a barber shop, nail salon, beauty parlor, tattoo and body piercing, tanning salon, tutoring center, self-service laundry (coin-operated), full-service laundry (not a dry cleaning plant) or other service determined to be substantially similar to the above by the Director of Community Development. Rev. Ord. 6-13 (November 2013); Ord. 20-06 (November 2006)

Place of Worship. The term Place of Worship shall mean a facility operated for worship or promotion of religious activities, including but not limited to churches, mosques, synagogues and religious “Sunday-type schools”; and child day care facilities where authorized by the same type of land use permit required for the place of worship itself and which meet the requirements of this Title. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations are not included in this use type. See Community Facility.

Plant Nursery (use type). The term Plant Nursery shall mean a commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under Accessory Structures and Uses Regulations. The sale of house plants or other nursery products entirely within a building is also included under “General Retail Sales”.

Principal Building. The term Principal Building (or structure) shall mean a building or structure being occupied by the Principal Use on the site. In any residential zoning district, any dwelling shall be considered the principal building on the site.

Principal Use. The term Principal Use (or main use) shall mean the primary purpose for which a building, structure or lot is designed, arranged or intended, or for which they may be used, occupied or maintained under this Title.

Printing and Publishing (use type). The term Printing and Publishing shall mean establishments such as large commercial printers, businesses that publish newspapers, books and periodicals, (whether or not they do their own printing), and establishments manufacturing business forms and binding devises. This use type may include any other service determined to be substantially similar to the above by the Director of Community Development.

Public Park. The term Public Park shall mean a park, playground, swimming pool, athletic field, or public parkway which is under the control, operation, or management of the City of Dublin or Alameda County.

Public Utility. The term Public Utility shall mean a company regulated by the California Public Utilities Commission or a governmental or quasi-governmental entity with an elected governing body which provides utility services.

Pumpkin Sales Lot (use type). The term Pumpkin Sales Lot shall mean a temporary establishment which sells pumpkins.

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Recording Studio (use type). The term Recording Studio shall mean a studio where sound or video recordings are made. Rev. Ord. 15-09 (November 2009)

Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary land use of the site); bowling alleys; laser tag businesses; ice skating and roller skating; art/dance/exercise studio; drama/voice/instrument instructional studio; indoor play center (rock climbing or inflatable party place); Health Club/Fitness Center; martial arts studios; tennis; handball; badminton, racquetball; indoor archery and shooting ranges; indoor soccer or hockey facilities; swimming pools; and other indoor sports activities determined to be substantially similar to the above by the Community Development Director. Recreational Facility/Indoor does not include a dance floor. Rev. Ord. 15-09 (November 2009); Ord. 20-06 (November 2006)

Recreational Facility/Outdoor (use type). The term Recreational Facility/Outdoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring outdoors for a fee or admission charge, such as, but not limited to: golf courses, driving ranges, hunting and shooting clubs, country clubs, mini-grand prix courses, miniature golf parks, amusement parks, recreational vehicle parks, baseball or football stadiums, swimming pools, and other outdoor sports activities determined to be substantially similar to the above by the Director of Community Development.

Recreational Vehicle. The term Recreational Vehicle shall mean a motorhome, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent trailer, with or without motive power, and other vehicles determined to be substantially similar to the above by the Director of Community Development. Rev. Ord. 20-06 (November 2006)

Recycling Facility - Commercial (use type). The term Recycling Facility - Commercial shall mean an indoor or outdoor commercial recycling facility for the purpose of collecting, sorting, and temporarily storing glass, metals and other reusable materials. The Term Recycling Facility - Commercial does not include any processing activity, nor does the term include a Newspaper Recycling Bin.

Repair Shop (use type). The term repair shop shall mean an establishment which specializes in the repair of cameras, electric appliances, shoes, watches, vacuums, shavers, clocks, jewelry, televisions, stereophonic equipment, video equipment, electronic equipment, computer equipment, radios, re-upholstery and furniture and other types of repair determined to be substantially similar to the above by the Director of Community Development. This Use Type does not include repair or services incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment.

Research and Development Laboratory (use type). The term Research and Development Laboratory shall mean establishments, larger than 10,000 square feet in Gross Floor Area, which are involved in industrial, scientific, medical or other types of research, the development of products for eventual sale, and the manufacture of products for commercial sale or distribution. This use includes offices incidental to the work being done and indoor storage of materials and equipment. These uses must conform to the Industrial Performance Standards of this Title.

Residential Use Secondary to Commercial Use (use type). The term Residential Use Secondary to Commercial Use shall mean a residence located above the ground floor commercial uses.

Retail - General (use type). The term Retail - General shall mean retail trade establishments selling many lines of new and used merchandise directly to consumers. Such types of stores and lines of merchandise include but are not limited to: artist’s supplies, artisan, auto parts (not auto repair or machine shops or any non-retail auto services) bicycles, books, cameras and photographic supplies, clothing and accessories, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoors or if enclosed by a partition), general stores, gifts, groceries, handicraft items, hardware, hobby materials, jewelry, locksmith, luggage and leather goods, mini-marts, musical instruments, novelties and souvenirs, newsstands, orthopedic supplies, parts and accessories, pet store, religious goods, small wares, specialty shops, sporting goods and equipment, stationery, toys and games, thrift stores, and variety stores, and other goods determined to be substantially similar to the above by the Director of Community Development. Retail sales shall not include sales of new or used automobiles, trucks, recreational vehicles, boats or trailers, nor shall it include auto brokerages.

Retail - Neighborhood (use type). The term Retail - Neighborhood shall include retail sales which are compatible with nearby residential areas. Typical uses include but are not limited to a store for sale at retail of books, clothing, drugs, flowers, food, furniture, hardware, nurseries, musical goods, pets and supplies, photographic supplies, packaged liquor, variety goods or household supplies, and retail sales of auto parts directly to the public, but not to include parts machining or any non-retail services, or any other type of retail determined to be substantially similar to the above by the Director of Community Development.

Retail - Outdoor Storage (use type). The term Retail - Outdoor Storage shall mean outdoor storage and sales of materials for Retail - General, and Retail - Service uses such as the sale of building materials, fertilizer, gardening supplies, lumber, and plants.

Retail - Service (use type). The term Retail - Service shall mean retail trade establishments and non-industrial services that may require larger sites, may have outdoor storage (subject to a Conditional Use Permit), may create objectionable noises or smells, or may be visually unappealing. Retail - Service establishments s include but are not limited to: building materials sales, caterers, air-conditioning shops, plumbers shops, lumberyards; “Big-Box” discount warehouses such as Costco, Price Club, Office Depot, and Home Depot; large commercial nurseries, dry cleaning plants, and other goods and services determined to be substantially similar to the above by the Director of Community Development.

Road or Street. The term Road or Street shall mean a right-of-way, easement or prescriptive right-of-way belonging to the City of Dublin; a state highway; a private road, easement, or prescriptive right-of-way; and which is customarily used for automobile travel and for providing vehicular access to abutting property.

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Salvage and Wrecking Yards (use type). The term Salvage and Wrecking Yards shall mean the use of more than 200 square feet outside of a building on any lot for the handling or storage of inoperable vehicles, scrap metal, paper, rags, or discarded, salvaged or waste materials of any kind. The term includes automobile wrecking yards; used lumber yards; junk yards and storage of salvaged house wrecking and structural steel materials and equipment. This term does not include yards for the sale of operable used cars or machinery, Auction Yards, or the incidental processing of used or salvaged materials where permitted as part of a lawful manufacturing or industrial use on the same premises. Rev. Ord. 20-06 (November 2006)

School - Commercial (use type). The term School - Commercial shall mean a private business, beauty, cooking, language or trade school of a nonrecreational nature, or other school which is determined to be substantially similar to the above by the Director of Community Development, located in a commercial zone, and which charges a fee for attendance. Facilities which teach sports or recreation such as martial arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type. Public schools and private schools which meet the requirements of the Compulsory Education Law of the State are addressed by the Community Facility Use Type. Rev. Ord. 6-13 (November 2013)

Second Unit (use type). The term Second Unit shall mean a residential unit with a separate kitchen, sleeping, and bathroom facilities, which is a part of, an extension to, or detached from, a detached single-family residence, and which is subordinate to the principal residence.

Senior Citizen Apartment. The term Senior Citizen Apartment shall mean a multifamily building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and above. Ord. 5-15 (August 2015)

Service Station (use type). The term Service Station shall mean retail establishments selling gasoline, which may also provide lubrication, oil change and tune-up services and the sale of automotive products, incidental to gasoline sales. This Use Type may also include accessory towing, minor mechanical repair services and trailer rental, and the accessory sales of food, gifts, etc. and may include additional services and goods determined to be substantially similar to the above as determined by the Director of Community Development. A mini-mart may only be combined with a Service Station in the C-1 and C-2 zoning districts (see Retail - General). This Use Type does not include the storage of wrecked or abandoned vehicles, paint spraying, body and fender work. For automobile repair services, see Automobile Repairs and Service use type.

Setback. The term Setback shall mean the required distance that a building, structure or other designated item must be located from a lot line.

Setback, Front: The term Front Setback shall mean an area encompassing the Front Yard as defined in this Title. The Front Setback is measured at right angles to the Front Lot Line.

Setback, Rear: The term Rear Setback shall mean an area encompassing the Rear Yard as defined in this Title. The Rear Setback is measured at right angles to the Rear Lot Line.

Setback, Side: The term Side Setback shall mean an area encompassing the Side Yard as defined in this Title. The Side Setback is measured at right angles to the Side Lot Line.

Setback, Street Side. The term Street Side Setback shall mean an area encompassing the Street Side Yard as defined in this Title. The Street Side Setback is measured at right angles to the Street Side Lot Line.

Sex-Oriented Bookstore. The term Sex-Oriented Bookstore shall mean an establishment having a substantial or significant portion of its stock in trade of books, magazines, periodicals, software, videotapes, or other material that is distinguished or characterized by its emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” (as defined below), or any establishment, matter, or material determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment.

Sex-Oriented Hotel or Motel. The term Sex-Oriented Hotel or Motel shall mean a hotel, motel or other overnight lodging establishment, which provides, through closed circuit television or other media, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” (as defined below), for observation by patrons therein, or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment.

Sex-Oriented Material. The term Sex-Oriented Material relative to adult businesses shall mean and include, but not be limited to, accessories, books, magazines, pamphlets, photographs, prints, drawings, paintings, motion pictures, software, and video tapes, or any combination thereof, or any other material determined to be substantially similar to the above by the Director of Community Development.

Sex-Oriented Motion Picture Arcade. The term Sex-Oriented Motion Picture Arcade shall mean any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, computers, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicted or describing “specified sexual activities” or “specified anatomical areas,” (as defined below), for observation by patrons therein, or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment.

Sex-Oriented Motion Picture Theater. The term Sex-Oriented Motion Picture Theater shall mean an enclosed or unenclosed building or structure or portion thereof used for presenting material in the form of motion picture film, video tape, slides or other similar means, which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” (as defined below), for observation by patrons therein, or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment.

Sexual Encounter Center. The term Sexual Encounter Center shall mean any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in “specified sexual activities” or exposing “specified anatomical areas”, or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment.

Shopping Center (use type). The term Shopping Center shall mean a commercial development on a single parcel or contiguous parcels, containing five or more retail stores, service uses, or other tenants, where each have individual entrances from a common public area such as a parking lot, mall corridor or atrium. Also includes such commercial developments where individual tenant spaces are subdivided as a commercial condominium, with parking and pedestrian circulation areas owned in common.

Single-Family Residence (use type). The term Single-Family Residence shall mean a building designed for and/or occupied exclusively by a single housekeeping unit. Also includes factory-built housing, modular housing, manufactured housing, mobile homes, and the rental of bedrooms within a single-family dwelling to no more than four boarders. A residence with more than four boarders, where residents do not live as a single housekeeping unit, constitutes a boarding house, which is included within the definition of “Multifamily Residence.” Rev. Ord. 1-19 (January 2019)

Single Housekeeping Unit. The term Single Housekeeping Unit shall mean a residence with two or more members, whose members are a non-transient interactive group of persons jointly occupying a single dwelling unit, including but not limited to the joint use of common areas and sharing household activities and responsibilities such as meals, chores and expenses. Ord. 1-19 (January 2019)

Single Room Occupancy Units (use type). The term Single Room Occupancy Units shall mean a building or buildings constructed or converted for residential living consisting of one-room dwelling units, where each unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping space are combined. A one-room dwelling unit is not required to contain a bathroom or a kitchen except that if a bathroom or kitchen is not provided within the unit such common facilities shall be provided on-site for residents. A unit that contains both a bathroom and kitchen shall be considered a studio unit and not a Single Room Occupancy Unit. Common facilities for laundry may or may not be provided on-site. Ord. 4-11 (April 2011)

Small-Scale Transfer and Storage Facility (use type). The term Small-Scale Transfer and Storage Facility shall mean facilities with wastestreams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five gallons or a total weight of 50 pounds. A household hazardous waste collection facility is considered to be a small-scale transfer and storage facility.

Specified Anatomical Areas. The term Specified Anatomical Areas shall mean:

a.    Less than completely and opaquely covered human genitals or pubic region, buttock, female breast below a point immediately above the top of the areolae; and/or,

b.    Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities. The term Specified Sexual Activities shall mean:

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

b.    Acts of human masturbation, sexual intercourse, or sodomy;

c.    Fondling or other erotic touching or sexual stimulation of human genitals, pubic region, buttock, or female breasts.

Storage Container (use type). The term Storage Container shall mean a manufactured trailer or container used for the storage of materials.

Storage of Petroleum Products for On-Site Use (use type). The term Storage of Petroleum Products for On-Site Use shall mean the storage of such materials as gasoline, diesel fuel and petroleum lubricants for use by an approved commercial or industrial enterprise on the same site, including but not limited to the purposes of commercial or industrial vehicle or equipment fueling and maintenance.

Story. The term 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 it 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. If the finished floor level directly above a basement, cellar, underground garage, or unused underfloor space is more than 6 feet above Finish Grade as defined herein for more than 50% of the perimeter described in the definition of Finish Grade or is 12 or more feet above Finish Grade at any point, such basement, cellar, underground garage, or unused underfloor space shall be considered a Story.

Street Right-Of-Way Line. The term Street Right-Of-Way-Line shall mean a right-of-way line shown on a recorded subdivision map. The Street Right-Of-Way Line defines where a public right-of-way ends and private property begins. Unless otherwise provided in this Title, Street Side Yards and Front Yards are measured from the Street Right-Of-Way line, the Future Right-Of-Way Line, or private right-of-way, whichever is more restrictive.

Structural Alteration. The term Structural Alteration shall mean any change to the supporting members of a building, such as bearing walls, columns, beams, or girders.

Structure. See Building.

Structure - Non-Conforming. The term Structure - Non Conforming shall mean a structure that was legally constructed prior to the effective date of this Ordinance but which does not conform to the current provisions of the zoning district in which it is located.

Superstore. Superstore means a store that exceeds one hundred seventy thousand (170,000) square feet of Gross Floor Area and devotes at least ten (10) percent of the total sales floor area to the sale of non-taxable merchandise. “Sales floor area” means only interior building space devoted to the sale of merchandise and does not include restrooms, office space, storage space, automobile service areas or open-air garden sales space. “Non-taxable merchandise” means products, commodities or items, the sale of which is not subject to California State sales tax. The definition of Superstore does not include a discount club store where shoppers pay a membership fee in order to take advantage of discounted prices on a wide variety of items such as food, clothing, tires, and appliances and many items are sold in large quantities or bulk.

Supportive Housing - Large (use type). The term Supportive Housing - Large shall mean a dwelling unit occupied by a target population of 7 or more persons, with no limit on length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. Ord. 4-11 (April 2011)

Supportive Housing - Small (use type). The term Supportive Housing - Small shall mean a dwelling unit occupied by a target population of 6 or fewer persons, with no limit on the length of stay, that is linked to on-site or off-site services that assist the supportive housing resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. A target population means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Section 4500) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people. Ord. 4-11 (April 2011)

Swimming Pool. The term Swimming Pool shall mean a body of water, created by artificial means designed or used for swimming or other immersion purposes, any portion of which is 2 feet deep or more. It includes a fish pond, wading pool, hot tub, or spa.

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Temporary Construction Trailer (use type). The term Temporary Construction Trailer shall mean the occupancy of a construction trailer during the period of construction of the buildings on a development site, on the same premises.

Temporary MobileHome/Manufactured Home (use type). The term Temporary Mobile Home/Manufactured Home shall mean the occupancy of a Mobile Home/Manufactured Home during construction of permanent living quarters for which a valid building permit is in force, on the same premises.

Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale) (use type). The term Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale) shall mean a temporary outdoor sale of goods by an established Dublin business, at the site of that business, of goods and merchandise which are of the same and type as the goods and merchandise sold indoors by the business. The temporary outdoor sale of goods is not normally offered at such sites but could be in order to provide a public service or convenience. Such temporary outdoor sale of goods does not include a “flea-market” type sale of used or outdated goods.

Theater (other than Adult Business Establishment) (use type). The term Theater shall mean a structure where movies are shown, theatrical works or plays are performed, or other performances such as musical concerts may be given. Rev. Ord. 15-09 (November 2009)

Through Lot. The term Through Lot shall mean a lot with frontage on two generally parallel streets.

Tobacco Retailer. The term Tobacco Retailer shall mean any person or business that sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia as those terms are defined in Chapter 8.43, and includes, but is not limited to, a Retail Tobacco Shop. Rev. Ord. 13-14 (July 2014); Ord. 20-12 (December 2012)

Townhouse. The term Townhouse shall mean a single-family unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with its own front and rear access to the outside. A townhouse unit can be individually owned. Ord. 5-15 (August 2015)

Tract and Sales Office/Model Home Complex (use type). The term Tract and Sales Office/Model Home Complex shall mean tract and sales offices and model home complexes within approved developments, and accessory signs, landscaping, and parking facilities. This temporary use is in effect during the period of construction and original sale of the buildings or lots in a new development.

Traffic Visibility Area. The term Traffic Visibility Area shall mean an area on a corner lot formed by measuring 30 feet from the intersection of two Street Side Lot Lines and connecting the two points as shown in Figure 8-2. Rev. Ord. 20-06 (November 2006)

Figure 8-2

Transitional Housing - Large (use type). The term Transitional Housing - Large shall mean a dwelling unit occupied by 7 or more homeless persons or families, which is 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. Ord. 4-11 (April 2011)

Transitional Housing - Small (use type). The term Transitional Housing - Small shall mean a dwelling unit occupied by 6 or fewer homeless persons or families, which is 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. Ord. 4-11 (April 2011)

Trucking Terminal (use type). The term Trucking Terminal shall mean an area and building, with five or more truck bays, where cargo is stored and where trucks load and unload cargo on a regular basis.

Tutoring Center. The term Tutoring Center shall mean a place of business where a student who is working towards satisfying the requirements of the Compulsory Education Law of the State receives private instruction outside of a school or other academic program to develop or enhance their skills in one or more educational subjects. Ord. 6-13 (November 2013)

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Use. The term Use shall mean the purpose for which land or premises or a Building is designed, arranged, or intended, or for which it is or may be occupied, maintained, let, or leased.

Use - Accessory. The term Use - Accessory shall mean a subordinate use accessory to a lawfully established Principal Use on the same lot, such other accessory uses which are necessarily and customarily associated with, and are appropriate, incidental and subordinate to, such lawfully established Principal Use and which does not change the character of the Principal Use.

Use - Permitted. See Use - Principal.

Use - Non-Conforming. The term Use - Non-Conforming shall mean a use of a structure or land that was legally established (as a permitted or conditional use) prior to the effective date of this Ordinance but which does not conform to the current provisions of the zoning district in which it is located.

Use - Principal. The term Use - Principal shall mean land uses listed as being permitted in a given zoning district, or when permitted pursuant to an approved Conditional Use Permit in a given zoning district.

Use Type. The term Use Type shall mean general categories of uses that are defined herein and permitted or conditionally permitted in zoning districts by Chapter 8.12, Zoning Districts and Permitted Uses of Land.

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Vehicle - Inoperable. The term Vehicle - Inoperable shall mean any car, motorhome, truck, van, boat, commercial vehicle, or other vehicle in the opinion of the Director of Community Development is substantially similar to the above, that is not currently registered and/or is not operable and clearly cannot be readily made operable, because of damage, missing parts or any other condition that precludes its use.

Vehicle Storage Yard - Commercial (use type). The term Vehicle Storage Yard - Commercial shall mean an establishment which stores operable commercial vehicles.

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Wall. See Fence.

Warehousing and Distribution (use type). The term Warehousing and Distribution shall mean establishments engaged in warehousing, wholesaling, selling merchandise to retailers, industrial, commercial, institutional, farm, or professional business users, or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies, or mail-order businesses requiring warehousing facilities. This Use Type includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, irrigation, plumbing, heating and air conditioning supplies and equipment, and tile; bottling works and similar uses determined to be substantially similar to the above by the Director of Community Development. This use does not include discount warehouses such as a Costco, Price Club, Office Depot, Home Depot or other similar establishments which are included under the Retail - Service Use Type.

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Yard. The term Yard shall mean an open space on a lot, other than a court, unobstructed and unoccupied from the ground upward, except as permitted by this Ordinance.

Yard, Front. The term Front Yard shall mean an area extending across the full width of the lot between the Front Lot Line and a structural setback line parallel thereto. The determination of Front Yards for corner lots shall be as described for Front Lot Line above. On Flag Lots, the Front Yard location shall be determined through project review.

Yard, Side. The term Side Yard shall mean an area extending from the required Front Yard to the required Rear Yard and from the Side Lot Line to a structural setback line parallel thereto.

Yard, Rear. The term Rear Yard shall mean an area extending across the full width of the lot between the Rear Lot Line and a structural setback line parallel thereto. On Flag Lots, the Rear Yard location shall be determined through project review.

Yard, Street Side. The term Street Side Yard shall mean an area extending from the required Front Yard to the required Rear Yard and from the Street Side Lot Line to a structural setback line parallel thereto.

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Zero lot line development. The term Zero lot line development shall mean a residential project where dwelling units on individual lots of record are located so that they abut one Side Lot Line, with only one Side Yard setback.

Zoning Ordinance. The term Zoning Ordinance shall mean the Zoning Ordinance of the City of Dublin and Title 8 of the Dublin Municipal Code.