Chapter 16.06
DEFINITIONS

Sections:

16.06.005    Definitions generally.

16.06.010    A definitions.

16.06.020    B definitions.

16.06.030    C definitions.

16.06.040    D definitions.

16.06.050    E definitions.

16.06.060    F definitions.

16.06.070    G definitions.

16.06.080    H definitions.

16.06.090    I definitions.

16.06.100    J definitions.

16.06.110    K definitions.

16.06.120    L definitions.

16.06.130    M definitions.

16.06.140    N definitions.

16.06.150    O definitions.

16.06.160    P definitions.

16.06.170    Q definitions.

16.06.180    R definitions.

16.06.190    S definitions.

16.06.200    T definitions.

16.06.210    U definitions.

16.06.220    V definitions.

16.06.230    W definitions.

16.06.240    X definitions.

16.06.250    Y definitions.

16.06.260    Z definitions.

16.06.005 Definitions generally.

The following definitions and those set forth throughout this title shall apply when interpreting the intent or meaning of the requirements and guidelines of this title. (Ord. 171 § 1.180, 1994)

16.06.010 A definitions.

“Abutting” and “adjoining” means having district boundaries or lot lines in common.

“Access corridor” means a portion of the site providing access from a street and having a dimension less than the required lot width. The area of an access corridor shall not be included in determining the lot area.

“Access rights” means the right, claims, title, or privilege of access, by pedestrians or vehicles, to a public road or way.

“Access road” means a graded road with such improvements and of such width as required in Chapter 16.68 HMC which provides access from a division of land to an existing maintained street or highway.

“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking and sanitation needs sited on the same parcel as the primary dwelling unit.

“Accessory living quarters.” See “guest quarters.”

“Accessory sign” shall mean a sign whose copy refers to the products, facilities or services available on the premises. Accessory window signs shall also include temporary posters attached to windows or placed within five feet of any window and legible off the site.

“Accessory structure” means any subordinate structure, not including a structure built to requirements of the California State Housing and Community Development Department, or portions of the main structure, the use of which is incidental to that of the main structure on the same lot or premises, and which is used exclusively by the inhabitants of the main structure. An accessory structure shall not be used for habitation, and cargo containers are not considered an accessory structure.

“Accessory use” means any use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or premises.

“Acreage (gross)” means the total fee ownership of a parcel or land area including any easements, but excluding any existing offers of dedication, dedications or rights-of-way.

“Acreage (net)” means the land area which remains after dedication of ultimate rights-of-way for (1) exterior boundary streets, (2) flood control rights-of-way and (3) public parks developed to meet minimum standards. Major utility easements and rights-of-way may not be counted as adjusted net acreage. Areas devoted to park land or active recreational uses may be counted as adjusted net acreage only if such public facilities are proposed over and above the minimum park land requirements.

“Active recreational uses” means facilities occurring on level or gently sloping land to a maximum slope of 10 percent in a planned development or multiple-family project which are designed to provide individual or group activities of an active nature including, but not limited to, sports fields, court games, swimming pools, children’s play areas, picnic areas, golf courses and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, slopes greater than 10 percent, riding and hiking trails, scenic overlooks, watercourses, drainage areas or water bodies.

“Adjusted for household size appropriate for the unit” means for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.

“Adult arcade” means any establishment wherein coin- or token-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed is distinguished or characterized by an emphasis on depicting or describing “specified sexual activities” or “specific anatomical areas.”

“Adult bookstore/adult video store/adult novelty store” means any establishment which on a regular and substantial basis sells or rents, or offers for sale or rental, for any form of consideration, any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”

2. Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities,” including goods which are replicas of or which simulate “specified anatomical areas” or “specified sexual activities,” and goods which are designed to be placed on or in “specified anatomical areas.”

“Adult cabaret” means a nightclub, bar, restaurant, bottle shop, or similar commercial establishment, whether or not alcoholic beverages are served, which, on a regular and substantial basis, features: (1) persons or entertainers who appear on stage; (2) live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas”; or (3) films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

“Adult dance studio” means any business or commercial establishment which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by an emphasis on matter involving, depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”

“Adult model studio” means any establishment where, for any form of consideration or gratuity, human models who display “specified anatomical areas” are provided to be observed, sketched, drawn, painted, sculpted, photographed, or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, firm which is operated by an individual, firm, association, partnership, corporation or an institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of a diploma.

“Adult motel or hotel” means a motel, hotel or similar commercial establishment offering public accommodations for any form of consideration which, on a regular and substantial basis: (1) provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas”; and/or (2) offers, rents, leases, or lets any room for less than a 10-hour period; or (3) offers or allows a tenant or occupant to rent or sub-rent a sleeping room for a period of less than 10 hours.

“Adult motion picture theater” means any establishment where, for any form of consideration, one or more motion picture projectors, video cassette players, slide projectors or similar machines, for viewing by five or fewer persons each, are used on a regular and substantial basis to show films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis on material depicting, describing or relating to “specified sexual activities” and/or “specified anatomical areas.”

“Adult newsstands” means:

1. Any coin-operated machine or device which dispenses material substantially devoted to the depiction of “specified sexual activities” or “specified anatomical areas”;

2. Any shelf, countertop or rack, indoor or outdoor, used for displaying, for sale, rental or other use, to the public, magazines, newspapers, video cassettes or other periodicals substantially devoted to the depiction of “specified sexual activities” or “specified anatomical areas” where 25 percent of the area is devoted to said uses in nonadult businesses. This does not apply to interior display fixtures in approved adult entertainment businesses.

“Adult-oriented business” or “adult business” shall have the same meaning in all respects as a sexually oriented business and shall be subject to all conditions and requirements of a sexually oriented business as defined herein.

“Adult tanning salon” means a business establishment where patrons receive tanning services in groups of two or more and where patrons or employees of the establishment expose “specified anatomical areas.” “Adult tanning salon” or “tanning parlor” shall also include a business establishment where a patron and an employee of the establishment are nude or expose “specified anatomical areas.” An “adult tanning salon” or “tanning parlor” shall also include a business establishment where the employees thereof are nude or expose “specified anatomical areas” for any form of consideration.

“Adult theater” means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, and on a regular and substantial basis, features live performances which are characterized by an emphasis on “specified anatomical areas” and/or “specified sexual activities.”

“Advertise” means public notice or announcement of items or services through the use of newspaper, handbills, radio, television, or other means of public communication.

“Advertising statuary” shall mean an imitation or representation of a person or thing which is sculptured, molded, modeled or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service. Advertising statuaries shall be considered and regulated as signs.

“Affordable housing costs” means the total housing costs paid by a qualifying household, which shall not exceed a specific fraction of their gross income, adjusted for household size appropriate for the unit, as follows:

1. Very low income households, rental units: 30 percent of 50 percent as set forth in Sections 50105 and 50052.5(b)(2) of the California Government Code.

2. Low income households, rental or for-sale units: 30 percent of 80 percent as set forth in Sections 50079.5 and 50052.5(b)(3) of the California Government Code.

3. Moderate income households, for-sale units: 40 percent of 110 percent as set forth in Sections 50093 and 50052.5(b)(4) of the California Government Code.

4. Moderate income households, rental units: 30 percent of 120 percent of the San Bernardino County median income.

“Alley” means a secondary means of access to property, generally located at the rear or side of the property.

“Alter” means to make a change in the supporting members of a structure, such as bearing walls, columns, beams or girders, that will prolong the life of the structure. In case of a sign, “alter” means a change of all or a portion of the copy, message or sign legend or face, except on signs designed to advertise changing messages.

“Alteration” means any change or modification, through public or private action, to the character-defining or significant physical features of properties affected by this chapter. Such changes may be changes to or modification of structure, architectural details, or visual characteristics, grading, surface paving, the addition of new structures, cutting or removal of trees, landscaping, and other natural features, disturbance of archeological sites or areas, and the placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the significant visual and/or historical qualities of the property.

“Alternative tower structure” means manmade trees, water towers, clock towers, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

“Ambient noise level” means the general noise level one finds in a certain area at a given time.

Animal (Exotic or Wild). “Exotic or wild animals” include lions, tigers, bears, simians, cougars, badgers, wolves, coyotes, foxes, lynx, peacocks, pot-bellied pigs, monkeys, any venomous or otherwise dangerous reptile or dangerous or carnivorous wild animal, any wild animal as defined in Section 2116 of the California Fish and Game Code of the State of California, or any other animal determined to be dangerous or potentially dangerous by the community development director.

“Animal hospital” means a place where animals are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

Animal (Large). “Large animals” include equine, bovine and similar sized domesticated animals as determined by the community development director.

Animal (Medium). “Medium animals” include sheep, goats and similar sized domesticated animals as determined by the community development director.

Animal (Small). “Small animals” include rabbits, chinchillas, guinea pigs and other similar sized animals as determined by the community development director.

“Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other commercial signals. “Antenna” shall not include any satellite dish antenna utilized for amateur radio, citizens band radio, television, AM/FM or shortwave radio reception purposes.

“Apartment” means one or more rooms with private bath and kitchen facilities comprising an independent self-contained residential dwelling unit, for rent, in a building containing more than two residential dwelling units.

“Appeal” means a request pursuant to the provisions of HMC 16.08.210 for a review of an action undertaken pursuant to this title.

“Application” means a development application for a tentative map, parcel map, conditional use permit or, when none of the foregoing approvals are required, a building permit for a residential development project.

“Approved access” means one of the following:

1. A dedicated right-of-way for access purposes.

2. An offer to dedicate to the city of Highland, or an offer to dedicate to the county of San Bernardino for which the city of Highland is a successor in interest, a right-of-way of a width established by the city of Highland, the Highland general plan, or any adopted specific plan or highway right-of-way standards and a strip of land at least 12 feet in width which expressly grants to the owner of the subdivision or development and any successors in interest the right to use the right-of-way without limit as to the quantity of vehicular traffic from each lot or use created by the owners or successors in interest to improve roadways in the city road system, both of which abut or connect to a publicly maintained roadway or connect to existing traveled roads where a prescriptive right by user has been established for public use.

3. An offer to dedicate to the city of Highland, or an offer to dedicate to the county of San Bernardino for which the city of Highland is a successor in interest, and to the public in general, an easement for public road, highway and public utility purposes of a width established as adequate for such purpose by the city of Highland. The offer to dedicate to the public in general can be accepted by public use, but the easement of road construction thereon shall not become a city roadway until and unless the city council, by appropriate resolution, has caused said roadway to be accepted into the city road system.

4. An existing traveled way where a prescriptive right by user has been established for public use by a court decree.

“Arcades” means a place of business where five or more electronic or coin-operated games are operated for compensation.

“Architectural features” means any portion of the outer surface of a structure, including, but not limited to, the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings and canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure.

“Architectural projection” means a marquee, fireplace chimney, porch, canopy or similar projection of a building.

“Area (building)” means the sum in square feet of the areas of the horizontal projections of all structures on a lot excluding open pergolas, steps, chimneys, eaves, buttresses, cornices, unenclosed and unroofed terraces, patios, unenclosed private balconies not used for access and minor ornamental features projecting from the walls of the building, which features are not directly supported by the ground.

“Area (lot, parcel or site)” means the horizontal area within the property lines excluding area to be included in future street right-of-way as established by dedication.

“Area median income” means the combined salaries, wages, or other sources of income based upon household size in a geographic area, in this case the San Bernardino Riverside Metropolitan Statistical Area, which includes San Bernardino County, as provided in Chapter 50093(c) of the California Government Code.

“Arterial” means a highway intended to serve through traffic, where access rights are restricted and intersections with other streets or highways may be limited.

“Associated with a proposal for development” means any land area for which an application for a specific plan, variance, parcel map, subdivision, development/design review or a time extension thereof, site approval (conditional use permit) or building permit has been filed with and is pending consideration by the city or has been approved but the related project or applicable phase thereof has not been completed.

“Attendant parking” means parking facilities where a lot attendant parks vehicles for drivers. This term is used interchangeably with “valet parking.”

“Attraction board” shall mean a sign capable of supporting copy which is readily changeable such as a theater marquee, and which refers to products, services or coming events on the premises.

“Authorized agent” means a person bearing written authority from the property owner to act as the owner’s representative.

“Automobile service station” or “gasoline service station” means a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, whose primary use is the dispensing of automotive fuel and motor oil.

“Automotive and light truck repair (major)” means activities typically including, but not necessarily limited to, automotive and light truck repair, heavy automobile and truck repair, such as transmission and engine repair, automotive painting and body work, and the installation of major accessories.

“Automotive and light truck repair (minor)” means activities including, but not necessarily limited to, automotive and light truck repair, the retail sale of goods and services for automotive vehicles and light trucks (less than 6,000 pounds), and the cleaning and washing of automotive vehicles. Uses typically include, but are not necessarily limited to, brake, muffler and tire shops and automotive drive-through car washes. Heavier automobile repair such as transmission and engine repair and auto body shops shall not be included in this land use type.

“Aviary” means an outside enclosure within which small birds (excluding poultry or fowl as defined) are kept and raised.

“Awning” means a permanent or temporary structure attached to and wholly supported by a building, and installed over or in front of openings or windows in a building, and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building. (Ord. 433 § 4, 2019; Ord. 331 § 3, 2008; Ord. 306 § 1, 2006; Ord. 270 § 3, 2001; Ord.

267 § 2, 2001; Ord. 253 § 3, 2000; Ord. 171 § 1.180, 1994)

16.06.020 B definitions.

“Backhaul network” means the lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

“Banner, flag or pennant” shall mean a visual display device, with or without copy, usually rectangular in shape and made of flexible material, usually cloth, paper or plastic.

“Barrier strip” means a strip of land one foot or more in width dedicated to the city of Highland for street purposes and access control at the end of a dead-end street or along the side of a part-width dedicated street or other public right-of-way.

“Bed and breakfast use” means a special accessory use to a one-family residential dwelling where a limited or specified number of guest rooms are made available to transient guests for rent to provide overnight sleeping accommodations on a less than weekly basis. Bed and breakfast uses are subdivided into three basic categories as follows:

1. Host home: One-family dwelling containing one to two guest rooms where said dwelling is occupied by the owner of the property.

2. Bed and breakfast home: One-family dwelling containing three to five guest rooms where said dwelling is occupied by the owner of the property.

3. Bed and breakfast inn/lodge: An existing one-family dwelling which has been designated a historical structure containing a minimum of six and a maximum of 10 guest rooms where said dwelling is occupied by the owner of the property.

“Bicycle check-in parking system” means a parking system wherein the bicycle is delivered to, and left with, attendant(s) with provision for identifying the bicycle’s owner. The stored bicycles are accessible only to the attendant(s).

“Bicycle locker” means a fully enclosed space accessible only to the owner or operator of the bicycle. This space may also serve other purposes.

“Bicycle, monitored parking” means an area for the parking of bicycles which is under constant surveillance.

“Bicycle, restricted access parking” means Class 3 facilities within a locked room or locked enclosure accessible only to the owners or operators of bicycles parked within, or Class 2 facilities within the common locked garage area(s) of a multiple-family residential development which is accessible only to residents of the units for which the garage is provided.

“Bicycle way” means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.

“Billboard.” See “outdoor advertising display.”

“Boarding or rooming house” means a building containing a dwelling unit where lodging is provided with or without meals for compensation for seven or more persons.

“Bridge” means the construction of or addition to a bridge identified in the circulation element of the general plan or which is part of a major thoroughfare and spans a waterway, railway, freeway or canyon.

“Building exposure” shall mean the linear measurement of exterior building walls enclosing interior spaces that are facing an outdoor area.

“Building face” means the area of one building elevation, either the front, rear or side.

“Building frontage” means the side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed on the current general plan circulation element shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.

“Building height” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances.

“Building-mounted antenna” means an antenna mounted to the side or facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, utility tower, light pole, or similar structure, but not to include the roof of any structure.

“Building-mounted sign” shall mean a sign affixed to a building, including awnings and windows.

“Building official” means the city of Highland director of building and safety.

“Building setback area (front).” See “yard (front).”

“Building setback area (rear).” See “yard (rear).”

“Building setback area (side).” See “yard (side).”

“Building site” means a legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this title, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

“Building space” means a building or portion of a building devoted to a single business interest without direct interior connections to other business interests.

“Bulletin board” shall mean a board, kiosk, or wall area not greater than eight square feet on which are affixed personal notices, lost-and-found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term “bulletin board” shall not include attraction boards.

“Business” shall mean a commercial, office, institutional, or industrial establishment.

“Business identification sign” means an on-site sign which identifies the business located therein.

“Business park” shall mean a group of two or more businesses located on a single parcel or contiguous parcels which utilize common off-street parking and access and/or share a common theme. (Ord. 331 § 4, 2008; Ord. 318 § 2, 2007; Ord. 267 § 2, 2001; Ord. 171 § 1.180, 1994)

16.06.030 C definitions.

“Cabana” means any portable, demountable, or permanent cabin, small house, room, enclosure, or other building or structure erected, constructed or placed on a mobilehome space and used in conjunction with a mobilehome, and not used for sleeping purposes.

“Cabinet sign or can sign” shall mean a building-mounted or wall sign in which the sign consisting of a single, internally lighted cabinet/can with the sign’s lettering applied to that face rather than separate sign cans representing each letter or figure that are mounted individually onto the wall or building (e.g., channel letters).

“Canopy” means a small roof or awning attached to the wall of a structure which is supported by no means other than its attachment to the wall.

“Canopy or awning sign” means a sign painted, placed or installed on any awning or canopy.

“Cargo container” means a metal storage unit designed to be transported by ship, rail or truck, and has been manufactured according to accepted “International Shipping Organization Standards” including those which are constructed of heavy duty 14-gauge ribbed steel, or other similar material, not exceeding 160 square feet.

“Carport” means a permanently roofed structure with not more than two enclosed sides used for automobile shelter and storage.

“Catteries (commercial)” means any building, structure, enclosure or premises whereupon, or within which, five or more cats are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.

“Catteries (noncommercial)” means any building, structure, enclosure, or premises whereupon, or within which, five or more cats are kept or maintained, but not primarily for financial profit.

“Cellular” means analog or digital wireless telecommunication technology that is based on a system of interconnected neighboring cell sites.

“Certificate of appropriateness” means a certificate issued by the historic and cultural preservation board approving such plans, specifications, statements of work, and any other information which are reasonably required by the board to make a decision on any proposed alteration, restoration, rehabilitation, construction, removal, relocation, or demolition, in whole or in part, of or to a designated resource, resource site, or to a building or structure within an historic district.

“Certificate of economic hardship” means a certificate authorizing work described in the accompanying certificate of appropriateness granted by the historic and cultural preservation board because of extreme financial privation or adversity and in accordance with procedures and findings of this title.

“Channel letters” shall mean sign cans consisting of individual letters or figures and mounted separately on the wall or structure to spell out or otherwise represent a sign’s message copy.

Chief of Police. The “chief of police” is the individual who performs the duties as the chief of police for the city of Highland, or his/her delegate.

“City” means the city of Highland, California.

“City council” means the city council of the city of Highland.

“City engineer” means the city engineer of the city of Highland.

“City standards” means all building and development regulations adopted by ordinance, resolution and/or city policy, as well as standard drawings as prepared or adopted by the public works director/city engineer, showing the nature of various items of improvement work to be constructed and/or made a part of the improvement agreement.

“Collector street” means a street which is intended to serve intensive residential land use, multiple-family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater. It may also serve as a cul-de-sac in industrial or commercial use areas but shall not exceed 660 feet in length when so used. Minimum right-of-way width shall be 66 feet.

“Co-located” means the locating of wireless telecommunication equipment from more than one provider on a single wireless telecommunication facility and/or parcel.

“Commercial” means any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of buyer, seller, processor or improver.

“Commercial vehicle” means a vehicle customarily used as part of a business for the transportation of goods or people.

“Commission” means the planning commission of the city of Highland.

“Communication and telecommunication facilities” includes cable television reception facilities, cellular telephone facilities, centers for employee telecommuting, communication receiving and broadcasting facilities and the like.

“Community” means the city of Highland, California.

“Community development director” means the community development director of the city of Highland or the community development director’s authorized representative.

“Community facility” means a hall, place of assembly, museum, art gallery, or other similar type of establishment which is not operated primarily for profit, excluding government facilities.

“Community noise equivalent level (CNEL)” means the average noise level during a 24-hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (7:00 p.m. to 10:00 p.m.) and night (10:00 p.m. to 7:00 a.m.) hours relative to daytime hours, and shall be computed as prescribed by Title 25 of the Administrative Code of the State of California.

“Community services district” means a community services district which has the power to construct and maintain streets, landscaping, or other public improvements as appropriate with the context used.

“Comprehensive general plan” means the general plan of the city of Highland, including all elements thereof, as adopted and subsequently amended by the city of Highland.

“Condominium” means an estate in real property consisting of an undivided interest in real property, coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as more specifically defined by California Civil Code Section 1351(f).

“Conservation zone” means an area of the city, whether commercial or residential, a majority of whose buildings are 50 years old or older, which the city wishes to maintain and revitalize so as to emphasize their importance to the past, present, and future of the city.

Construction (New). “New construction” means structures for which the “start of construction” commenced on or after the effective date of this code.

Construction (Start of). “Start of construction” means the first placement of permanent construction of a structure (other than a mobilehome) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.

“Construction sign” means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the product, the developer, contractor, architect, financing source, future occupants and other information directly related to the development.

“Contiguous parcels” means adjacent parcels of land, which shall be considered contiguous even if separated by roads, streets, utility easements, or railroad rights-of-way.

“Convalescent care” means a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county of San Bernardino, which provides bed and ambulatory care for patients with postoperative convalescent, chronically ill or dietary problems, and persons aged or infirm unable to care for themselves, but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.

“Convenience sign” means a sign which conveys information such as “restrooms,” “no parking,” “entrance,” or minor business identification for directional purposes, and is designed to be viewed on-site by pedestrians and/or motorists.

“Convenience store” means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

“Copy” means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.

“Cottage food employee” means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

“Cottage food operation” means an enterprise that is operated by a cottage food operator in a private residence and has not more than one employee, not including a family member or household member(s) of the cottage food operator, where cottage food products are prepared or packaged for direct or indirect sale to consumers.

“Cottage food operator” means an individual who operates a cottage food operation in his or her private residence and is the owner of the cottage food operation.

“Cottage food products” means non-potentially hazardous foods as published by the county of San Bernardino and as may be modified from time to time, including, but not limited to, baked goods, candy, granola, jams and jellies, dried fruit, pasta and baking mixes, that are prepared for sale in the kitchen of an approved cottage food operation. Foods containing cream, custard or meat fillings are potentially hazardous and are not allowed.

“Council” means the city council of the city of Highland.

“County” means the county of San Bernardino, California.

“County assessor” means the county assessor of the county of San Bernardino.

“County recorder” means the county recorder of the county of San Bernardino.

Coverage (Lot or Site). “Lot or site coverage” shall mean the ratio between the ground floor area of the building or buildings and the lot area.

“Cul-de-sac street” means a road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.

“Cultural resource” means improvements, buildings, structures, signs, features, sites, scenic areas, views and vistas, places, areas, landscapes, trees, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the city and the state of California, the Southern California region, or the nation which may be eligible for designation or designated and determined to be appropriate for historic preservation by the historic and cultural preservation board, or by the city council on appeal, pursuant to the provisions of Chapter 16.32 HMC. (Ord. 394 § 4, 2014; Ord. 307 § 4, 2006; Ord. 270 § 3, 2001; Ord. 267 § 2, 2001; Ord. 243 § 2, 1999; Ord. 171 § 1.180, 1994)

16.06.040 D definitions.

“Day care facility” means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Day care facility includes family day care homes, infant centers, preschools, and extended day care facilities. A “family care home” is a day care facility located in a residence which regularly provides care, protection and supervision of 12 or fewer children from more than one other family, in the provider’s own home, for periods of less than 24 hours per day, while the parent or guardians are away, and includes the following:

1. “Large family day care home” are those which provide family day care to seven to 12 children, inclusive, including children who reside at the home.

2. “Small family day care home” are those which provide family day care to six or fewer children, including children who reside at the home.

“Demolition” means any act or process that destroys in part or in whole an individual cultural resource or a cultural resource or other structure within an historic district.

“Density bonus” means an entitlement to build additional residential units above the maximum number of units pursuant to the general plan, applicable specific plan and/or zoning designation. Density bonus may also refer to the state density bonus, pursuant to California Government Code Section 65915.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paging, excavation or drilling operations.

“Design guidelines” means the principles contained in a document which illustrate appropriate and inappropriate methods of rehabilitation and construction. The purpose of using design guidelines is to aid design and decision-making with regard to retaining the integrity of scale, design intent, materials, feeling, patterns of development, and historical character of a cultural resource or historic district.

“Designated cultural resource” means any improvement or natural feature that has special historical, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the city, the state of California, or the nation and that has been nominated and designated pursuant to this title or nominated to the National Register of Historic Places. The designation shall specify the significant exterior and interior architectural elements and natural features which are expressly found by the board to meet one or more of the criteria in HMC 16.32.050.

“Designated site” means a parcel or part thereof on which a cultural resource is or has been situated, and any abutting parcel or part thereof constituting part of the premises on which the cultural resource is situated, and which has been designated a cultural resource pursuant to Chapter 16.32 HMC.

“Developer” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks city approvals for all or part of a residential development project.

“Development” shall mean a building or group of buildings which function as an integrated whole and which have common access and/or parking facilities.

“Development agreement” means an agreement entered into between the city and developer pursuant to Section 65864 of the California Government Code and Chapter 16.50 HMC.

“Development project” means any of the following:

1. A project for which a building permit is required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more living units.

2. Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

3. The definition of “development project” only includes subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts, there is an area where solid waste is collected and loaded in a location which serves five or more living units. In such instances, recycling areas as specified in this title are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

“Direct sales” means a transaction between a cottage food operation operator and a consumer, where the consumer purchases cottage food products made by the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, certified farmer’s markets, and transactions occurring in person at the private residence where the cottage food operation conducts business.

“Directional sign” shall mean a sign directing motorists or pedestrians to parking or building facilities, or providing similar directional information.

“Director” means the city’s community development director.

“Directory sign” shall mean a sign to identify the name of the occupants within a business or residential complex.

“Discretionary approval” means any entitlement or approval pursuant to HMC Title 16, including but not limited to a use permit, variance, design approval, and subdivision.

“District” shall mean zoning district.

“Dripline” shall mean a line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rain water tends to drip from the tree.

“Drive-through facility” means a facility, including a restaurant, which, by its design, allows people to receive goods and/or services while remaining in their automobiles.

“Drive-through restaurant” means a place of business which sells food products or beverages and which:

1. Delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter, or similar method or device; or

2. Delivers such food products or beverages to customers within a building which is designed in such a manner that a majority of the customers will remove such food products or beverages from the building for consumption either on the premises or in the immediate vicinity.

“Dwelling (multifamily attached)” means a building containing two or more dwelling units.

“Dwelling (single-family attached)” means a duplex, triplex or fourplex.

“Dwelling (single-family detached)” means a building containing one dwelling unit.

“Dwelling unit” means a building or mobilehome, or portion thereof, designed for residential occupancy for not more than one family. (Ord. 394 § 5, 2014; Ord. 341 § 9, 2009; Ord. 306 § 1, 2006; Ord. 213 § 4, 1996; Ord. 171 § 1.180, 1994)

16.06.050 E definitions.

“Edge of a right-of-way” means a measurement from the limit of the public right-of-way measured along a line equidistant from and parallel to the centerline of the freeway or highway.

“Educational institutions” means public and other institutions conducting regular academic instruction at kindergarten, elementary, secondary, or collegiate levels, and including graduate schools, universities, research institutions and religious institutions. Such institutions must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education, confer degrees as a college or university of undergraduate or graduate standing, conduct academic or scientific research, or give religious instruction. This definition does not include commercial or trade schools.

“Electronic message sign” shall mean a sign having the capacity of presenting variable message displays by projecting an electronically controlled light pattern against a contrasting background to change messages by electronic process, or by remote control.

“Emergency shelter” means a residential facility, other than a community care facility, operated by a provider that provides temporary accommodations to homeless persons with low income. The term “temporary accommodations” means that a person will be allowed to reside at the shelter for a period not to exceed a maximum of 180 days. For purposes of this definition, a “provider” shall mean a government agency or private nonprofit organization which provides or contracts with recognized community organizations to provide emergency or temporary shelter, and which may also provide meals, counseling and other services, as well as common areas for residents of the facility. Such a facility may have individual rooms, but it is not developed with individual dwelling units, with the exception of the manager’s unit.

“Employee of a sexually oriented business” means a person who works or performs, as an employee or as an independent contractor, in and/or for a sexually oriented business, regardless of whether said person is paid a salary, wage, or other compensation by the business.

“Entertainer” or “live entertainer” means any person who is an employee or independent contractor of a sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually oriented business.

“Entertainment (Live).” This term, when used in this code in connection with the performing arts and other methods of live performances by entertainers, shall apply to the following activities where they occur on a scheduled basis three or more days during a calendar year on the site of a use other than a public or semi-public use:

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

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

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

“Environmental constraint note” means any note or notes required by the conditions of approval to be shown on an environmental constraint sheet and reference made thereto on the final map. This shall be required when constraints involving (but not limited to) any of the following are conditioned by the advisory agency or city council: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability or sewage disposal, and signalization mitigation.

“Environmental constraint sheet” means a duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map with the city engineer and labeled environmental constraint sheet in the top margin. Applicable items will be shown under a heading labeled environmental constraint notes. The environmental constraint sheet shall contain the following, or a similar statement: “The Environmental Constraint information shown on this map sheet is for informational purposes describing conditions as of the date of filing, and derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of this map sheet.”

“Environmental impact report (EIR)” means a report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines. This term is synonymous with an environmental impact statement (EIS) as defined in federal law.

“Escort” means any person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a “striptease” for another person. Escort shall not include any person hired by a state-licensed school for purposes of modeling in any art education class while such person acts in that capacity or any federal, state and/or city of Highland licensed limousine or taxi service.

“Escort agency” means a person or business entity which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for any form of consideration.

“Establishment of a sexually oriented business” includes any of the following:

1. The opening or commencement of any sexually oriented business as a new business;

2. The conversion of an existing business, whether or not it is a sexually oriented business, to any sexually oriented business;

3. The addition of any sexually oriented business to any other existing sexually oriented business; or to another existing nonsexually oriented business, with or without expansion of floor area;

4. The relocation of any sexually oriented business; or

5. The substantial enlargement of the premises of a sexually oriented business.

“Exempt sign” shall mean a sign which is designated in this title as not subject to certain regulations of this code.

“Exploration” means the search for minerals by geological, geophysical, geochemical or other techniques. These include, but are not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quantity of minerals present.

“Expressway” means a highway for through traffic to which access from abutting property is restricted and which intersections with other streets or highways shall be limited to approximately one-half mile intervals.

“Extreme value retail use” means and refers to a retail store offering more than 70 percent of a diversified inventory for $10.00 or less. (Ord. 394 § 12, 2014; Ord. 376 § 1, 2013; Ord. 253 § 3, 2000; Ord. 171 § 1.180, 1994)

16.06.060 F definitions.

“FAA” means the Federal Aviation Administration.

“Family” means one or more individuals occupying a dwelling unit and living as a single household unit.

“FCC” means the Federal Communications Commission.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, social and technological factors.

“Figure model” means any person who, for pecuniary compensation, consideration, hire, or reward, poses in a nude modeling studio to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.

“Fire hydrant” means an appliance meeting city of Highland standards and approved by the water purveyor and fire department having jurisdiction, which has the suppression of fires as its primary function.

“Fixed price retail use” means and refers to a retail store that sells merchandise with a preponderance of single pricing for all items in the store. Merchandise may be but is not limited to generic or private label products specially manufactured for such stores, products manufactured cheaply for a foreign market and imported, products purchased from another retailer or distributor as overstock closeout or seasonal merchandise at the end of the season, and promotional goods manufactured to coincide with an event that has since passed.

“Flag, banner or pennant” shall mean a visual display device, with or without copy, usually rectangular in shape and made of flexible material, usually cloth, paper, or plastic.

“Flat roof” shall mean a roof which is horizontal without a sloping, pitched, or mansard portion above.

“Floor area (gross)” means the total enclosed area of all floors of a building measured to the inside face of the exterior walls including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than seven feet, but excluding area used exclusively for vehicle parking or loading.

“Floor area (net)” means the total building floor area excluding garages, hallways, lobbies, elevators and other common spaces.

“Floor area ratio (FAR)” means the numerical value obtained by dividing the above ground gross floor area of a building or buildings located on a lot or parcel of land by the total area of such lot or parcel of land.

“Food truck” means a readily movable, motorized wheeled vehicle, or a towed wheeled vehicle, designed and equipped to serve food.

“Food truck event” means an event where one or more food trucks operate at a designated single location in either a single one-day event or a recurring event on more than one day, not to exceed three consecutive days, to sell or provide food to an individual.

“Freestanding sign” shall mean a sign supported upon the ground and not attached to any building.

“Freeway” shall mean a divided arterial highway for through traffic with full control of access and with grade separations at intersections.

“Freeway building frontage” shall mean a building wall parallel or nearly parallel to an adjacent freeway.

“Freeway lot frontage” shall mean a property line adjacent to a freeway right-of-way.

“Freeway-oriented community business sign” shall mean any sign advertising any business located within 4,000 feet of the freeway centerline.

“Front footage of building occupancy” means the single lineal dimension measured at the ground floor along the building frontage which defines the limits of the particular occupancy at that location.

“Frontage (building)” means the side or face of the building which is parallel to or is at an angle of 45 degrees or less to a public street or a public parking area.

“Frontage road” means a minor street which is parallel to, and adjacent to, an arterial street or freeway, and which provides access to abutting properties and protection from through and fast traffic.

“Frontage (street or highway)” means that portion of a lot or parcel of land which borders and has access to a public street, highway or parkway. The frontage shall be measured along the common lot line separating the lot or parcel of land from the public street, highway or parkway. (Ord. 397 § 1, 2014; Ord. 394 § 13, 2014; Ord. 331 § 5, 2008; Ord. 267 § 2, 2001; Ord. 253 § 3, 2000; Ord. 213 § 4, 1996; Ord. 171 § 1.180, 1994)

16.06.070 G definitions.

“Garage” means a permanently roofed structure with three enclosed sides and a garage door which is used for automobile shelter and storage.

“Garage (private)” means a detached accessory building or a portion of a main building on the same lot for the parking and temporary storage of vehicles of the occupants of the premises.

“Garage (public)” means any garage other than a private garage.

“Garage (subterranean)” means any portion of a structure used for the storage of automobiles which is visually enclosed except for driveway openings, the maximum height of which is no greater than 2.5 feet measured from the existing grade.

“General plan” means the city of Highland general plan, as adopted and subsequently amended.

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

“Ground-mounted” means equipment mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna.

“Grove” shall mean a planting of fruit or nut trees, or other manmade planting of trees without underbrush.

“Guest quarters” means living quarters located on the same premises with the primary dwelling unit or attached to the main portion of the primary dwelling unit for the sole use of persons employed on the premises, members of the family living in the primary dwelling unit or for temporary use by guests of the family living on the premises. Such quarters shall have no kitchen and shall not be rented or leased or otherwise used as a separate dwelling.

“Guest room” means any rented or leased room which is used or designed to provide sleeping accommodations for one or more guests in apartments, hotels, motels, private clubs, lodges and fraternal organizations. In a suite of rooms, each room that provides access to a common hall or direct access to the outside area shall be considered as one guest room. (Ord. 267 § 2, 2001; Ord. 171 § 1.180, 1994)

16.06.080 H definitions.

“Haul road” means a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

“Height” means, when referring to a tower or other related structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

“Heritage tree” shall mean any live tree, shrub, or plant which meets at least one of the following criteria:

1. All woody plants in excess of 15 feet in height and having a single trunk circumference of 24 inches or more, as measured four and one-half feet above ground level; or

2. Multitrunk trees having a total circumference of 30 inches or more, as measured four and one-half feet from ground level; or

3. A stand of trees, the nature of which makes each dependent upon the others for survival; or

4. Any other tree as may be deemed historically or culturally significant by the community development director or designee because of size, condition, location, or aesthetic qualities.

“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

“Highway” shall mean roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons.

“Historic district” means any area containing a concentration of improvements which have a special character, historical interest, or aesthetic value, which possess integrity of location, design, setting, materials, workmanship, feeling, and association, or which represent one or more architectural periods or styles typical to the history of the city, and that has been designated an historic district pursuant to this title or nominated to the National Register of Historic Places.

“Historic landmark” shall mean, for the purposes of this title, any tree designated as an historic landmark by city council action.

“Home occupations” means any occupation customarily conducted entirely within a dwelling by its inhabitants, the purpose being incidental to the use of the dwelling for dwelling purposes; and provided, that no article is sold or offered for sale except that produced by said inhabitants, as provided in Chapter 16.44 HMC.

“Hospital” means an institution for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.

“Hotel” means a structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites occupied on a transient basis for compensation.

“Hotel, residential” means a hotel which has 75 percent or more of the available rooms occupied by permanent guests for compensation on a monthly or greater basis.

“Housing, caretaker” means residential occupancy of a permanent or temporary dwelling unit, including a type “A” or type “B” mobilehome, by a caretaker hired to guard part of all of the property on which the caretaker’s dwelling is located as an accessory use.

“Housing, dependent” means residential occupancy of a temporary accessory living unit located on the same parcel as the principal unit, which is occupied by one or two adults, who: (1) have reached the age of 60, or (2) are dependents of the residents of the principal unit, or (3) are court-appointed conservatees of a resident of the principal unit. For the purposes of this section, “dependent” means a related individual who is dependent upon the resident of the principal unit for financial support or health care. An individual will be determined to be a dependent for health care reasons if he or she is considered blind or disabled as defined in Section 1614(a) of Part A of Title XVI of the Social Security Act.

“Housing, group” means multiresidential living facilities, each of which contains group quarters in permanently fixed buildings or those portions thereof, which accommodate or are intended to accommodate residential land use types.

“Housing, secondary” means residential occupancy of a living unit located on the same parcel as the principal unit. In a commercial land use district, secondary housing may be located either above the first floor, or if on the ground floor not on the street frontage. In a residential land use district the parcel containing the principal unit and the secondary housing unit shall not be less than five acres. (Ord. 267 § 2, 2001; Ord. 171 § 1.180, 1994)

16.06.090 I definitions.

“Ice machine” means a permanent structure, intended for automatic operation in the vending of crushed, cube, and/or block ice in prepared package sizes.

“Identification sign” shall mean a sign whose copy is limited to the name, type of business, and the address of the building, business, office, establishment, person, or activity on the premises where the sign is located.

“Idle” means to curtail for a period of one year or more surface mining operations by more than 90 percent of the operation’s previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. (California Public Resources Code, Sec. 2727.1)

“Illuminated sign” shall mean a sign in which a source of light is used in order to make readable the message or attract attention to the sign. This definition shall include internally and externally lighted signs and glowing or radiating signs.

“Illumination (direct)” means illumination by means of light that travels directly from its source to the viewer’s eye.

“Illumination (indirect)” means illumination by means only of light cast upon an opaque surface from a concealed source.

“Improvement” means such street work and utilities to be installed or agreed to be installed, by the subdivider or developer on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the parcel owners and local neighborhood traffic, and drainage and flood control needs as a condition of approval precedent to the approval and acceptance of a final map or issuance of a certificate of occupancy. “Improvement” also refers to such other specific improvements or types of improvements, the installation of which, whether by the subdivider or developer, by private or public utilities, or by any other entity approved by the city, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan.

“Improvement standards” means the standards for improvements set forth in this and other regulations related to the development of land within the city of Highland.

“Inclusionary housing agreement” means a legally binding agreement between a developer and the city, in form and substance satisfactory to the city attorney and director, setting forth those provisions necessary to ensure the requirements of Chapter 16.50 HMC, Inclusionary Housing, whether through the provision of inclusionary units or through an alternate method, are satisfied.

“Inclusionary housing fund” means a fund for which all in-lieu fees are collected pursuant to HMC Title 16 and shall not be used for any purposes not authorized by HMC Title 16 for the development and/or preservation of inclusionary units.

“Inclusionary unit” or “inclusionary housing” means a dwelling unit that will be offered for rent or sale to low and moderate income households and a unit that will be offered for rent to a very low income household, at an affordable housing cost, pursuant to HMC Title 16.

“Indirect sales” means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be consumed on the premises. (Ord. 394 § 6, 2014; Ord. 306 § 1, 2006; Ord. 171 § 1.180, 1994)

16.06.100 J definitions.

Reserved.

16.06.110 K definitions.

“Kennel (commercial)” means any kennel maintained for the purpose of boarding, breeding, raising or training dogs or cats over the age of four months for a fee or for sale.

“Kennel (noncommercial)” means any property where four or more dogs or cats, over the age of four months, are kept or maintained for the use and enjoyment of the occupant for noncommercial purposes.

“Kiosk” shall mean any off-site subdivision or business directional sign or structure, of four sides or less, typically constructed of four-inch by six-inch posts upon which business directional or subdivision signs may be mounted.

“Kitchen” means a room used for cooking and/or preparation of foods. (Ord. 306 § 1, 2006; Ord. 171 § 1.180, 1994)

16.06.120 L definitions.

“Land project” means a subdivision as defined in Section 11000.5 of the Business and Professions Code.

“Landscaping” means the planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers or lawns. In addition, the combination of design may include natural features such as rock and stone, and structural features, including, but not limited to, fountains, reflecting pools, artwork, screens, walls, fences and benches.

“Logo” shall mean a trademark or symbol of an organization or business.

“Long-term parking space” means a parking space of reduced dimensions utilized for long-term parking of four hours or more. The reduced dimensions are warranted due to the low automobile turnover that can be expected as a result of expected usage.

“Lot” means a site or parcel of land under one ownership having frontage upon a street, other than an alley, or a private easement determined by the director of public works to be adequate for purposes of access. The site or parcel of land shall be legally subdivided, resubdivided or combined.

“Lot area” means the net horizontal area within boundary lot lines after dedication.

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

“Lot depth” means the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

“Lot (double frontage)” means an interior lot having frontage on more than one street.

“Lot (flag or corridor)” means a lot connected to a street by an access corridor having a width of 20 feet or less.

“Lot (interior)” means a lot other than a corner lot.

“Lot (key)” means the first interior lot to the rear of a reversed corner lot.

“Lot or property line (front)” means the shortest boundary line of a lot which is coterminous with a street line. Boundary lines of a double frontage lot which are coterminous with street lines shall be front lines. When the boundary lines of a corner lot, which are coterminous with street lines, are of equal or substantially equal lengths, the front line shall be determined by the zoning administrator. In determining the front line, the zoning administrator shall take into consideration the character of the improvements in the neighborhood of the lot, the relative damage to abutting property owners from the establishment of either of such boundaries as a front line, the character of the building proposed to be constructed and the distance that the buildings are set back from the lines of the two streets on which the lot in question abuts.

“Lot or property line (interior)” means a lot line not abutting a street.

“Lot or property line (rear)” means a lot line that is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard depth.

“Lot or property line (side)” means any lot line that is not a front lot line or a rear lot line.

“Lot or property line (street)” means a lot line abutting a street.

“Lot (reversed corner)” means a corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear.

“Lot width” means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

“Low income households” means households whose gross income does not exceed 80 percent of the median income for San Bernardino County as determined annually by the U.S. Department of Housing and Urban Development.

“Low income rental unit” means a rental dwelling unit that is offered at an affordable housing cost only to a low income household.

“Low income units,” “moderate income units,” and “very low income units” mean inclusionary units restricted to occupancy by low, moderate, or very low income households, respectively, at an affordable housing cost. (Ord. 331 § 6, 2008; Ord. 306 § 1, 2006; Ord. 171 § 1.180, 1994)

16.06.130 M definitions.

“Major identification sign” shall mean an identification sign facing the public streets or pedestrian paths providing primary access to the premises identified by the sign.

“Major wireless telecommunication facility” means a wireless telecommunication facility that is ground- or roof-mounted or mounted in or on any public property including the public right-of-way as described in HMC 16.45.100.

“Mansard roof” means a sloped roof or roof-like facade above and architecturally compatible with a building wall.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term “manufactured home” also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.

“Market-rate units” means those dwelling units in a residential development project that are not inclusionary units.

“Massage establishment” means a fixed location where massage is performed for compensation, excluding a location where massage is only provided on an outcall basis.

“Mined lands” means the surface, subsurface, and groundwater of an area where surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such land excavations, workings, mining waste, and areas where structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.

“Minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances. These include, but are not limited to, sand, gravel, coal, peat and bituminous rock, but exclude geothermal resources, natural gas and petroleum.

“Mining waste” means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

“Minor change,” for purposes of provisions of this title relating to the subdivision of land only, shall mean a modification of an approved tentative map that involves a change of lot lines, lot shape, lot dimensions, street alignment width or grade, grading proposals or other elements that do not change the basic design or improvements required in the approved tentative map and the conditions thereof.

“Minor wireless telecommunication facility” means a wireless telecommunication facility as described in HMC 16.45.080.

“Mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A “mobile recycling center” also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

“Mobilehome” means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

“Mobilehome park” means any area or tract of land where one or more mobilehome spaces are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.

“Moderate income households” means households whose gross income does not exceed 120 percent of the median income for San Bernardino County as determined annually by the U.S. Department of Housing and Urban Development.

“Moderate income rental unit” means a rental dwelling unit that is offered at an affordable housing cost only to a moderate income household.

“Monopole” means a structure composed of a single spire, pole, or tower used to support antennas or related equipment.

“Monument sign” shall mean a freestanding sign whose support structure shall be a solid base constructed of a permanent material such as concrete block or brick.

“Motel” shall mean the same as “hotel.”

“Motorized recreational vehicle” means a motorhome built on a truck, bus or van chassis which is powered by internal combustion engines that run on gasoline, diesel, batteries or other fuel.

“Mounted” means to be attached or supported.

“Municipal code” or “code” means the municipal code of the city of Highland, as amended. (Ord. 427 § 4, 2018; Ord. 395 § 3, 2014; Ord. 331 § 7, 2008; Ord. 306 § 1, 2006; Ord. 267 § 2, 2001; Ord. 171 § 1.180, 1994)

16.06.140 N definitions.

“Natural feature” means any tree, plant life, geographical or geological site or feature subject to the provisions of Chapter 16.32 or 16.64 HMC.

“Nonconforming lot” means a lot which, when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located, or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards.

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

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

“Nonconforming use, legal” means a lawfully established and maintained use which does not conform with the development standards for site area per dwelling unit or density for the district in which the use is located by reason of adoption or amendment of this title, or a lawfully established and maintained use of a structure or land which does not conform with the use regulations for the district in which it is located by reason of adoption or amendment of this title.

“Nonmotorized recreational vehicle” means travel trailers, fifth-wheel travel trailers, and folding camping trailers utilized for recreational purposes and designed to be towed by a vehicle. Boats, horse trailers, utility trailers for storing recreational vehicles, equipment, and all-terrain vehicles (ATVs), motorcycles or personal watercraft stored on trailers utilized for recreational purposes and pick-up truck camper shells which have been removed from the vehicle are considered nonmotorized recreational vehicles.

“Notice” means written notice given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, or upon placing the same in the custody of the United States Postal Service.

“Nude modeling studio” means a business which provides, for compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Nude modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education, or any classroom of any school licensed under state law to provide art education while such classroom is being used in a manner consistent with such state license. “Nude modeling studio” further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit or make available “specified sexual activities.”

“Nudity” or “state of nudity” means the showing or display of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered genitals in a discernibly turgid state. (Ord. 395 § 4, 2014; Ord. 331 § 8, 2008; Ord. 253 § 3, 2000; Ord. 171 § 1.180, 1994)

16.06.150 O definitions.

“Object” means a material thing of functional, aesthetic, cultural, symbolic, or scientific value.

“Occupancy” means each separate use of property conducted on the entire lot or within a building or any portion thereof.

“Occupancy of record” means identification of the property owner recorded in the office of the county recorder of San Bernardino.

“Odd-lot/close-out retail use” means and refers to a retail store offering the preponderance of its products at a price which is marked down more than 40 percent from normal retail price because the goods are irregular, or as a result of manufacturing over-production, an overflow of product shipments or manufacturers’ close-outs.

“Off-premises” means any business where the primary services or entertainment are provided at a location or locations other than the premises of the subject business.

“Off-site advertising display” shall mean advertising structures of any kind whatsoever including, but not limited to, signs used for advertising purposes, not appurtenant to any permitted business or use conducted, or services rendered, goods produced or goods sold upon the premises upon which the display is located.

“Off-site advertising sign” shall mean any sign referring to any person, establishment, merchandise, service, event or entertainment which is not located, sold, produced, manufactured, provided or furnished on the premises where the sign is located.

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

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

“One-hundred-year flood or 100-year flood” means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the “base flood,” which will be the term used throughout this title.

“On-site commercial real estate sign” shall mean a sign used to identify commercial/industrial/institutional properties for sale or lease, including residential subdivisions, but shall not include individual residential lots.

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

“Open space (common)” means an open space within a residential development reserved for the exclusive use of residents of the development and their guests.

“Open space (usable)” means outdoor space which serves a recreational function or provides visual relief from the building mass, the minimum dimension of which shall be six feet excluding required front yards not used for balconies or patios.

“Operate a sexually oriented business” means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of a sexually oriented business or activities within a sexually oriented business.

“Operator of a sexually oriented business” includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed business.

“Operator, mining” means any person who is engaged in surface mining operations, who permits others to conduct surface mining operations on his property and who receives a financial benefit therefrom, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.

“Ordinary maintenance and repair” means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage.

“Outdoor advertising” means the business of leasing or otherwise renting the use of or space on signs by the person who paints, prepares, erects or maintains said signs, but in whom title thereto remains at all times during such period of renting or leasing.

“Outdoor advertising structure” means an off-premises sign which usually has a flat surface sign space upon which advertising may be posted, painted or affixed, and which is primarily designed for the rental or lease of such sign space for advertising not related to the use of the property upon which the sign exists.

“Outside corner” shall mean that portion of a building having both an exterior front and side wall adjacent to public rights-of-ways.

“Overburden” means the soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

“Ownership project” means a project consisting of single-family detached for-sale units, or multifamily units, such as condominiums or townhouses, that will be sold, not rented. (Ord. 394 § 14, 2014; Ord. 306 § 1, 2006; Ord. 253 § 3, 2000; Ord. 171 § 1.180, 1994)

16.06.160 P definitions.

“Parapet” shall mean the extension of a false front or building wall above a flat roof. For the purpose of Chapter 16.56 HMC, a mansard style roof shall be considered a parapet.

“Park” means a parcel or parcels of land which are open and available for use by the general public and which serve the recreational needs of the public, including recreational community gardening.

“Parking facilities” means parking lots and structures.

“Parking space” means a readily accessible area, within a structure or surface parking area, exclusive of aisles, driveways, ramps and columns, maintained exclusively for the parking of one vehicle.

“Parking structure” means a structure used for the parking of vehicles where parking is accommodated on two or more levels.

“Parolee” means an individual who has been released from a prison term prior to its expiration or who is subject to regular monitoring by a law enforcement officer for a set period of time, including: (1) an individual who was convicted of a federal crime, sentenced to a United States federal prison, and who received conditional and revocable release in the community under the supervision of a federal parole officer; (2) an individual who is serving a period of supervised community custody as defined in California Penal Code Section 3000, following a term of imprisonment in a state prison, and who is under the jurisdiction of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations; (3) an adult or juvenile who was sentenced to a term in the California Department of Corrections and Rehabilitation Division of Juvenile Justice and received conditional and revocable release in the community under the supervision of a Division of Juvenile Justice parole officer; and (4) anyone who meets the above equivalent criteria in another state.

“Pedestal sign” shall mean a freestanding sign with an overall height of 10 feet or more, standing directly on the ground or on a monument base or where supporting poles or structures, if any, are enclosed by decorative covers.

“Pedestrian-oriented sign” shall mean a small sign readable primarily from the abutting sidewalk or other walkway, but not generally from the street.

“Permitted use” means a land use which is allowed by right in a particular zone or district without approval of a conditional use permit or performance standards permit.

“Person” means any individual, firm, association, corporation, organization, partnership; any city, county, district, state; or any department or agency thereof.

“Personal communication service” means digital low-power, high frequency commercial wireless radio communication technology that has the capacity for multiple communication services and the routing of calls to individuals, regardless of location.

“Pitched or gabled roof” shall mean a ridge roof with sloping ends over the building walls.

“Place or erect” shall mean and include to place, construct, erect, re-erect, alter, install, enlarge, move, improve, convert, paint or equip.

“Place of worship seating area” means the gross floor area of the main assembly hall or auditorium of a place of worship that must be identified for the purpose of calculating parking requirements when fixed seats are not provided. Only the actual seating area (including aisles) shall be counted. The final determination as to what constitutes the “place of worship seating area” shall be made by the approval body of the city.

“Planned sign program” shall mean a plan providing coordinated signing for a business or a contiguous group of businesses and utilizing one or more common design elements such as colors, materials, lettering, illumination, sign type, and sign shape.

“Pole sign” shall mean a freestanding on-site sign whose support structures consist of bare members only and that have no architectural forms and detailing utilized to hide the steel or wood members used to support the basic sign structure. These signs do not include signs whose support structures consist of decorative timbers or masonry structures.

“Police department” means the department or agency providing law enforcement services for or on behalf of the city.

“Political sign” shall mean a sign whose text indicates any one or a combination of the following: (a) the name and/or picture of an individual seeking election or appointment to public office; or (b) relates to a forthcoming public election, initiative or referendum.

“Portable sign” shall mean any sign designed to be moved easily and which is not permanently affixed to either the ground, structure, or a building.

“Poster” shall mean a sign, temporary in nature and usually on paper or cardboard, used to advertise a coming event or attraction.

“Potential cultural resource” means an improvement or natural feature which may be nominated for consideration by the board, and may be designated under the condition that either:

1. More research becomes available regarding its eligibility;

2. The resource is restored to its original condition; or

3. The resource is one of the few remaining examples in the city of its type.

“Pre-existing” means in existence prior to the effective date of the ordinance enacting this title.

“Pre-existing towers and pre-existing antenna” means any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of the ordinance codified in this title, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

“Preservation” means the identification, study, protection, restoration, rehabilitation, or acquisition of cultural resources.

“Primary dwelling unit” means a single-family residential structure on a single parcel with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied and intended for one household.

“Private residence” means a dwelling, including an apartment or other leased space, where individuals primarily reside.

“Private viewing area” means an area or areas in a sexually oriented business designed to accommodate no more than five or fewer patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation.

“Processing facility” means a building or enclosed space used for the collection and processing of recycling materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and manufacturing. Processing facilities include the following:

1. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

2. A heavy processing facility is any processing facility other than a light processing facility.

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

“Prospecting” shall have the same meaning as “exploration.”

“Public access” shall mean:

1. A dedication to public use or to the city of Highland and constructed to the required width for road purposes.

2. A permanent written easement for road purposes to the required width from the state or federal government.

3. An access road as defined in this section that has been open to the public without posting for five years or more, provided adequate evidence thereof is submitted to and approved by the city engineer.

“Public nudity” means “nudity” or a “state of nudity” that occurs in a business open to the public, whether or not a fee is charged for admission to such business.

“Public park” means a park, playground, swimming pool, athletic field, or similar recreational facility within the city which is under the control, operation or management of the city or any other public agency.

“Public use” means a use operated exclusively by a public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities. (Ord. 433 § 5, 2019; Ord. 394 § 7, 2014; Ord. 318 § 3,

2007; Ord. 267 § 2, 2001; Ord. 253 § 3, 2000; Ord. 243 § 2, 1999; Ord. 171 § 1.180, 1994)

16.06.170 Q definitions.

“Qualifying resident” means any person 62 years of age or older in a project of 150 residential units or fewer or any person 55 years of age or older in a project of greater than 150 residential units.

“Quasi-public use” means a use operated by a private nonprofit educational, religious, recreational, charitable or medical institution, such use having the purpose primarily of serving the general public, and including uses such as churches, private schools, and universities, community, youth and senior citizen recreational facilities, private hospitals, and the like. (Ord. 171 § 1.180, 1994)

16.06.180 R definitions.

“Real estate sign” shall mean a sign indicating that the premises on which the sign is located is for sale, lease or rent.

“Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses, and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

“Recreational vehicle” means “motorized” and “nonmotorized” vehicles which are designed primarily for recreational, camping, sailing and/or travel use; and which are not used as a permanent residential dwelling. Examples of a recreational vehicle include, but are not limited to, travel trailers, motorhomes, buses converted to recreational or other noncommercial uses, camping trailers, campers, off-road vehicles, or boats.

“Recreational vehicle storage” means on-site parking of a recreational vehicle on a parking space approved for a recreational vehicle that is separate from the required off-street parking for a single-family residence.

“Recycling area (areas for recycling)” means space allocated for collecting and loading of recyclable materials. Such areas shall have the ability to accommodate receptacles for recyclable materials. Recycling areas shall be accessible and convenient for those who deposit as well as those who collect and load any recyclable materials placed therein.

“Recyclable material” means reusable material, including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture, or constitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

“Recycling facility” means a center for the collection and/or processing of recyclable materials. A “certified recycling facility” or “certified processor” means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

1. Collection Facility. A “collection facility” means a center or facility for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in HMC 16.44.170. Collection facilities may include the following:

a. Reverse vending machine(s);

b. A “small collection facility” which occupies an area of not more than 500 square feet and may include:

i. A mobile unit; and

ii. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet;

c. A “large collection facility” which may occupy an area of more than 500 square feet and may include permanent structures.

2. Mobile Recycling Unit. A “mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

3. Processing Facility. A “processing facility” means a building used for the collection and processing of recyclable material. “Processing” means the preparation of material for efficient shipment, or to an end-user’s specification, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

Processing facilities include the following:

a. A “light processing facility” occupies an area of under 45,000 square feet of gross collection, processing, and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous material other than food and beverage containers.

b. A “heavy processing facility” is any processing facility other than a light processing facility.

4. Reverse Vending Machine(s).

a. A “reverse vending machine” is an automated mechanical devise which accepts at least one or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

b. A “bulk reverse vending machine” is a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

“Redevelopment agreement” means an owner participation agreement, disposition and development agreement, or similar agreement entered into between the Highland redevelopment agency board of directors and a developer.

“Regular and substantial basis” shall mean an activity or performance that constitutes more than 25 percent of the total performance time, stock-in-trade, revenue, floor space, advertisement or similar element of the business. For purposes of this definition, “revenue” shall include gross revenue generated by the business, including revenue received by entertainers and others who work as independent contractors. For purposes of this definition, the floor space devoted to a regulated activity shall include all the area devoted to the activity, including, but not limited to, display area, sales area, performance areas, viewing areas, dressing rooms, and all aisles and pathways between and within such areas.

“Regulations” means the regulations adopted by the city council for implementation and enforcement of the provisions of Chapter 16.50 HMC.

“Religious institution” means a structure which is used primarily for religious worship and related religious activities, including, but not limited to, a church, chapel or similar place of worship.

“Remedy a violation” means to bring the structure or other development into compliance with state or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damage, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

“Remove” shall include any act which will cause a heritage tree to die, as determined by a tree expert, including, but not limited to, acts which inflict damage upon root systems, bark or other parts of tree by fire, application of toxic substances, operation of equipment or machinery, improper watering, changing natural grade of land by excavation or filling the dripline area around the trunk, or by attachment of signs or artificial material piercing the bark of the tree by means of nails, spikes, or other piercing objects.

“Rent or equivalent monthly housing payment” means an amount equal to the sum of principle, interest, and taxes.

“Rental project” means a multifamily or single-family detached development for which units are intended to be rented rather than owned.

“Replacement unit” means a dwelling unit developed or constructed for the purpose of housing a very low, low or moderate income household in replacement of a dwelling unit destroyed or removed from the very low, low and moderate income housing inventory which is safe and sanitary and contains at least the same number of bedrooms and other living areas as the dwelling unit destroyed and/or to be removed.

“Residential care facility” means any state-authorized, certified, or licensed facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, therapeutic or rehabilitative care, adult day care, residential care for the elderly, transitional housing placement, alcoholism or drug abuse recovery or treatment facilities, or foster family agency services for children or adults, including the physically handicapped, mentally impaired, incompetent persons, and abused and neglected persons, as stated the California Community Care Facilities Act (Health and Safety Code Section 1500, et seq.), Health and Safety Code Section 1250, Health and Safety Code Section 1568.0831, Health and Safety Code Section 1569.85, Health and Safety Code Section 11834.23 or Welfare and Institutions Code Section 5116.

Notwithstanding any of the facilities listed above, the term “residential care facility” is limited to those facilities, places or buildings that are both subject to regulation by the state of California and actually licensed by the state of California. No other facility, place or building shall be deemed a “residential care facility” for purposes of this title.

“Residential development project” means a project that includes the construction of more than one dwelling unit for either rent or sale.

“Residential use or residential zone” means property which is zoned for a residential use and/or a single-family dwelling, duplex, townhouse, multiple-family dwelling or mobilehome park/subdivision or recreational vehicle park, but not including a caretaker’s/security house or trailer, or a legal nonconforming residential use as permitted by the Highland Municipal Code.

“Restricted parking” means a situation where no on-street parking is permitted along the street frontage, or where on-street parking is prohibited during specified hours every day.

“Reviewing authority” shall mean the entity that has been given the authority, by ordinance or in this title, to review and approve or disapprove a sign or planned sign program, or any appeals or variances connected with such signs. The reviewing authorities include the city council, planning commission, and the community development director or her/his designee.

“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

“Roof-mounted” means to be mounted above the eave line of a building.

“Room (habitable)” means a room meeting the requirements of this title for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. (Ord. 395 § 5, 2014; Ord. 373 §§ 1, 2, 2013; Ord. 341 § 10, 2009; Ord. 318 § 4, 2007; Ord. 306 § 1, 2006; Ord. 267 § 2, 2001; Ord. 253 § 3, 2000; Ord. 222 § 2, 1997; Ord. 171 § 1.180, 1994)

16.06.190 S definitions.

“School” means any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school or middle school, senior high school or any special institution of education within the city.

“Secondary identification sign” shall mean any identification sign other than a major identification sign.

“Secretary of the Interior Standards for Rehabilitation” means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with Guidelines for Applying the Standards.

“Semi-nude” means a state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breasts.

“Sex supermarket/sex mini-mall” means the establishment or operation of more than one type of sexually oriented business or use, as defined in this title, within the same building.

“Sexual encounter establishment” means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort in connection with “specified sexual activities” and/or the exposure of “specified anatomical areas.” This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

“Sexually oriented business” means a business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by an emphasis on “specified sexual activities” and/or “specified anatomical areas.” “Sexually oriented business” also means and includes any adult motion picture theater, adult bookstore/adult video store/adult novelty store, adult cabaret, adult dance studio, adult hotel or motel, adult theater, sexual encounter establishment, nude modeling studio, adult tanning salon, sex supermarket/sex mini-mall, and any other business or establishment that, on a regular and substantial basis, offers its patrons entertainment or services which involve, depict, describe or relate to “specified sexual activities” and/or “specified anatomical areas.”

“Shared parking” means a situation where the same parking spaces can be utilized by two or more different uses due to the differing peak hours of operation of the uses involved.

“Sign” means any medium for visual communication, including copy, structure and component parts, which is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. This definition shall not include the display of the American flag or the flag of the state.

“Sign (banner, flag, pennant or balloon)” means a visual display device, with or without copy, usually rectangular in shape and made of flexible material, usually cloth, paper or plastic.

“Sign (business directory)” means a sign to identify the name of the occupants within a business complex.

“Sign (business identifications)” means a sign whose copy is limited to the name, type of business, and the address of the building, business, office, establishment, person or activity on the premises where the sign is located.

“Sign (construction)” means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the product, the developer, contractor, architect, financing source, future occupants and other information directly related to the development.

“Sign copy” means any words, letters, numbers, figures, designs or other symbolic representations incorporated onto the face of a sign.

“Sign (directional)” means a sign directing motorists or pedestrians to parking or building facilities, or providing similar directional information.

“Sign face” shall mean the exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.

“Sign (freestanding)” means a sign supported upon the ground and not attached to any building.

“Sign height (building-mounted)” means the distance between the top of the sign and the average finish grade directly beneath the sign.

“Sign height (freestanding sign)” means the greatest vertical distance between the top of the sign, including any accompanying architectural features of the sign, and the elevation measured at the roadbed of the nearest street. However, if the sign is constructed upon an artificial berm, the height of the sign, as measured from the toe of the slope or berm, shall not exceed the maximum height permitted by this title.

“Sign height (wall sign)” means the distance between the top of the sign panel inserted into or placed on the wall and the roadbed of the nearest street.

“Sign (off-premises)” means any sign referring to any person, establishment, merchandise, service, event or entertainment which is not located, sold, produced, manufactured, provided or furnished on the premises where the sign is located.

“Sign (on-premises)” means a sign referring to a person, establishment, merchandise, service, event or entertainment which is located, sold, produced, manufactured, provided or furnished on the premises where the sign is located.

“Sign permit” shall mean an entitlement from the city to place or erect a sign.

“Sign (political)” means a sign whose text indicates any one or a combination of the following: (1) the name and/or picture of an individual seeking election or appointment to public office; or (2) relates to a forthcoming public election, initiative or referendum.

“Sign (portable)” means any sign designated to be moved easily and which is not permanently affixed to either the ground, structure or a building.

“Sign (real estate)” means a sign indicating that the premises on which the sign is located is for sale, lease or rent.

“Sign size or area” shall generally mean the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

“Sign (special event)” means a temporary sign which advertises special events and activities such as grand openings, special sales, charitable events, Christmas trees, fireworks and other commercial and noncommercial events. Such signs are limited to the provisions listed in this title.

“Sign structure” shall mean the structural supports, uprights, and bracing for a sign.

“Sign (subdivision)” means an on-site or off-site sign advertising the original sale, leasing or renting of units within a subdivision.

“Sign (temporary)” means a sign utilized to identify a business or other activity for an interim period.

“Sign (under canopy)” means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling or marquee.

“Sign (window)” means any written representation, emblem, or other figure or similar character painted on or otherwise affixed or oriented to a window and that is visible from off the subject building’s site.

“Significant feature” means the natural or manmade elements embodying style or type of cultural resource, design, or general arrangement and components of an improvement, including, but not limited to, the kind, color, and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

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

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

“Special event sign” shall mean a temporary sign which advertises special events and activities such as grand openings, special sales, charitable events, Christmas trees, fireworks and other commercial and noncommercial events. Such signs are limited to the provisions listed in Chapter 16.56 HMC.

“Specific plan” means a plan as defined in California Government Code Section 65450.

“Specified anatomical areas” includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae;

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

3. Any device, costume or covering that simulates any of the body parts included in subsection 1 or 2 of this definition.

“Specified sexual activities” includes any of the following:

1. The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral/anal copulation, bestiality, flagellation or torture in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquirism, sapphism, zooerasty;

3. Masturbation, sodomy, oral copulation, coitus or ejaculation of human or animal, actual or simulated;

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

5. Excretory functions, urination, or vaginal or anal irrigation as part of or in connection with any of the activities described in subsections 1 through 4 of this definition.

“Stable (commercial)” means a stable for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation.

“State Geologist” means the individual holding office as provided in the California Public Resources Code, Section 677, Article 3, Chapter 2, Division 1.

“Stealth facility” means any wire telecommunication facility which is designed to blend into the surrounding environment, typically one that is located architecturally within a building or other concealing structure, and shall include any concealed antenna.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. The basement or cellar shall not be considered a story unless the upper surface of the floor above is more than six feet above the average level of the highest and lowest points of the ground surface immediately adjacent to the exterior walls of the building.

“Street, highway, or public right-of-way” means a public thoroughfare, avenue, road, highway, boulevard, parkway, way, drive, lane, court or private easement providing the primary roadway to and egress from the property abutting thereon.

“Street (private)” means a private reciprocal easement providing the primary roadway to and egress from the property abutting thereon.

“Structural alteration” means any change in or alteration to a structure involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

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

“Structure (accessory)” means a subordinate building or portion of a main building, the use of which is incidental, appropriate and subordinate to that of the main building.

“Structure (main)” means a structure housing the principal use of a site or functioning as the principal use.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. “Subdivision” includes a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock.

“Subdivision design” means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.

“Subdivision improvement” means:

1. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; and

2. Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the general plan, the Subdivision Map Act, Government Code Section 66410 et seq., or any applicable specific plan.

“Subdivision sign” shall mean an on-site or off-site sign advertising the original sale, leasing, or renting of units within a subdivision.

“Substantial change” means a revision to an adopted or proposed application or permit which would increase the intensity of site use or project-related traffic, increase the environmental impacts of the development, require a modification of approval findings, or modify conditions of approval specifically imposed by the approving body.

“Substantial enlargement of a sexually oriented business” means an increase or expansion, over the lifetime of a sexually oriented business, of more than 10 percent or 100 square feet, whichever is less, in the portion of the floor area of the business which is devoted to products, services or entertainment with an emphasis on material depicting, describing or relating to “specified anatomical areas” and/or “specified sexual activities.”

“Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1. Before the improvement or repair is started; or

2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

“Substantial rehabilitation” or “substantially rehabilitated” means the rehabilitation of a dwelling unit(s) that has substantial building and code violations, and/or has been vacant for at least six months, such that the unit is returned to the city’s housing supply as decent, safe and sanitary housing, and the cost of such work exceeds 25 percent of the altered value of the unit, including land value, as that amount may be adjusted for inflation pursuant to the regulations.

“Supportive housing” has the same meaning as defined in subdivision (b) of Section 50675.14 of the Health and Safety Code.

“Surface area” shall mean the area of a sign as measured by the smallest geometric form, such as a square, rectangle, triangle, or circle, or combination thereof, which will encompass the face of the sign on which the message is displayed.

“Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

1. In-place distillation, retorting or leaching;

2. Production and disposal of mining waste;

3. Prospecting and exploratory activities.

“Swimming pools” and “hot tubs” mean water-filled enclosures having a depth of 18 inches or more used for swimming or recreation. (Ord. 376 § 2, 2013; Ord. 331 § 9, 2008; Ord. 306 § 1, 2006; Ord. 267 § 2, 2001; Ord. 253 § 3, 2000; Ord. 171 § 1.180, 1994)

16.06.200 T definitions.

“Tandem parking” means parking space configuration where two or more parking spaces are lined up one behind the other.

“Temporary occupancy permit” shall mean the permit issued for signs, banners, posters and other displays which are permitted for a limited period of time and must be removed after the expiration date of the permit.

“Temporary sign” shall mean a sign utilized to identify a business or other activity for an interim period.

“Temporary wireless telecommunication facility” means a wireless telecommunication facility that is kept portable or mobile and deployed while a permanent facility is under construction.

Tentative Map and Vesting Tentative Map.

1. “Tentative map” refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.

2. “Vesting tentative map” refers to a map which meets the requirements of HMC 16.68.060.

“Tentative map, revised” means a modification of an approved tentative map wherein the design of the subdivision is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.

“Time restricted parking” means a situation where a parking stall, identified and striped with green paint, is utilized for customer use for no longer than 20 minutes within commercial districts.

“Total housing costs” means the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and utilities. For an ownership unit, total housing costs include the mortgage payment (principal and interest), utilities, homeowners’ association dues, taxes, mortgage insurance, and any other related assessments and $50.00 per month for maintenance costs, which amount may be adjusted for inflation from time to time.

“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television towers, alternative towers structures, and the like. The term includes the structure and any support thereof.

“Tower farm” means a site with more than one structure that is designed and constructed primarily for the purpose of supporting more than one antenna for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television towers, alternative towers structures, and the like.

“Transfer of ownership or control of sexually oriented business” includes any of the following:

1. The sale, lease, or sublease of the business;

2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

3. The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.

“Transitional housing” has the same meaning as defined in subdivision (h) of Section 50675.2 of the Health and Safety Code.

“Transmission line” means an electric power line bringing energy to a receiving or distribution substation.

“Tree expert” means a California registered professional forester or an arborist certified by the Western Chapter of the International Society of Arborists.

“Truck (large)” means a truck weighing 10,000 pounds or more unloaded. (Ord. 376 § 3, 2013; Ord. 306 § 1, 2006; Ord. 267 § 2, 2001; Ord. 253 § 3, 2000; Ord. 171 § 1.180, 1994)

16.06.210 U definitions.

“Under canopy sign” shall mean a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee.

“Undeveloped natural parkland” means parkland that is not developed with significant structures, paving, or maintained turf. Such lands may be accessible to the public and may contain limited facilities such as benches, information kiosks, and signs.

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

“Used” means arranged, designed, constructed, altered, rented, leased, sold, occupied and intended to be occupied. (Ord. 307 § 5, 2006; Ord. 171 § 1.180, 1994)

16.06.220 V definitions.

“Valet” means a person or persons who park vehicles, whether or not for compensation, for the owner and/or driver of a vehicle.

“Variance” means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title.

“Very low income households” means households whose gross income does not exceed 50 percent of the median income for San Bernardino County as determined annually by the U.S. Department of Housing and Urban Development.

“Very low income rental unit” means a rental dwelling unit that is offered at an affordable housing cost only to a very low income household.

“Video monitoring system” means a security system by which an individual or individuals may visually inspect the inside of a building with the aid of video cameras, video cable, and video monitors. The system shall also have the capability of recording the movement and activity of the customers patronizing the business as well as the employees of the business.

“Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this title is presumed to be in violation until such time as that documentation is provided.

“Visible” means likely to be noticed by a person of average height walking on a street or sidewalk. (Ord. 306 § 1, 2006; Ord. 270 § 3, 2001; Ord. 243 § 2, 1999; Ord. 171 § 1.180, 1994)

16.06.230 W definitions.

“Walkway” shall mean a sidewalk or other pathway for pedestrian use.

“Warehousing” means the use of a building or buildings for the storage of goods of any type, when such building or buildings contain more than 500 square feet of storage space and where no retail operation is conducted.

“Wholesaling” means the selling of any type of goods for purpose of resale.

“Wild animal” means any dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.

“Window sign” shall mean any written representation, emblem, or other figure or similar character painted on or otherwise affixed or oriented to a window and that is visible from off the subject building’s site.

“Wireless telecommunication facility” means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides wireless communication services to the public. (Ord. 267 § 2, 2001; Ord. 171 § 1.180, 1994)

16.06.240 X definitions.

Reserved.

16.06.250 Y definitions.

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

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

“Yard (front – recreational vehicle),” for the purposes of recreational vehicle parking and storage, means a space extending the width of a parcel between the front property line and the front of the residence and not less than the required front setback for the zone. If the front of the residence varies relative to the front property line, the front yard shall follow the front of the residence and not be taken from the nearest wall of the residence to the street.

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

“Yard (side)” means a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line. (Ord. 395 § 6, 2014; Ord. 171 § 1.180, 1994)

16.06.260 Z definitions.

“Zoning district” means those classifications of land, as included herein and identified on the zoning map, which regulate land use and establish standards by which the land may be developed and utilized. (Ord. 171 § 1.180, 1994)