Article 11. Definitions¹

Overview
This article provides all definitions that are used throughout the zoning code. Definitions are grouped according to land use descriptions, general definitions, sign definitions, telecommunication definitions, sexually oriented business definitions, and housing incentives and density bonus definitions.

Chapter 23.1104
GENERAL DEFINITIONS

Sections:

23.1104.010    Purpose.

23.1104.020    General definitions.

23.1104.030    Purpose, land use definitions.

23.1104.040    Land use definitions.

23.1104.050    Sign definitions.

23.1104.060    Telecommunications definitions.

23.1104.070    Sexually oriented business definitions.

23.1104.080    Housing incentives and density bonus definitions.

23.1104.010 Purpose.

The purpose of this chapter is to provide all definitions used throughout this title. Definitions are organized alphabetically. [Ord. 8-2023 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 10.2.010)].

23.1104.020 General definitions.

“Accessory dwelling unit” means an attached or 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 sited on the same parcel as the primary dwelling unit. This definition includes granny flats. This definition shall also include:

1. “Efficiency unit” as defined in Section 17958.1 of the California Health and Safety Code;

2. “Manufactured home” as defined in Section 18007 of the California Health and Safety Code.

“Accessory structure” means a detached structure or building which is subordinate to, and the use of which is customarily incidental to, that of the main building, structure, or use on the same lot. “Accessory structure, enclosed and/or solid-roofed” is a detached accessory structure which is either entirely enclosed by walls and a solid roof or is partially enclosed with a solid roof. This classification of accessory structures includes garages, greenhouses, poolhouses, sunrooms, workshops, storage sheds, and carports, patio covers and gazebos with solid roof construction.

“Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure, or is portable or moveable. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. Telecommunication-related definitions are in RCMC 23.1104.060.

“Apiary” means a place where bees are kept, and includes a collection of hives, combs, appliances, or colonies wherever they are kept or located and no matter the number of hives, combs, appliances, or colonies.

“Applicant” means the owner(s) or subdivider(s) with a controlling interest in the proposed project and any successors in interest.

“Arcade” means a continuously covered public space open on the sides, except for structural columns or piers, adjacent to and extending along the facade of a building. The space may be located between the facade and a sidewalk or another public space, or it may replace a sidewalk along a private street where no building setback is present.

Figure 23.1104-1: Arcades

“Awnings” means any structure made of a flexible fabric or similar material covering a metal frame attached to a building, whether or not the same is so erected as to permit its being raised to a position flat against the building when not in use.

“Basement” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above which is partly below grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to the floor above.

“Beekeeping” means the keeping, maintaining, or allowing of any hive of any size on any parcel in the city.

“Bees” mean honey-producing insects of the genus Apis, including adults, eggs, larvae, pupae, or other immature states thereof, together with such materials as are deposited into hives by adult bees, except honey and rendered beeswax.

“Building entry space” means a public space adjacent to a pedestrian building entrance.

Figure 23.1104-2: Building Entry Spaces

“Building frontage, primary” means the building frontage that faces the street. In cases where a building has more than one street frontage, the longest of the street frontages shall be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage (e.g., an entrance facing a courtyard) (see Figure 23.1104-3 (Building Frontage and Primary Building Frontage)). For multitenant buildings, ground floor tenants may have their primary frontage determined independently of the rest of the building based upon the aforementioned rules.

Figure 23.1104-3: Building Frontage and Primary Building Frontage

“Clear vision triangle” means the clear vision area (sometimes called the “sight triangle”) which is a triangular-shaped area on corner lots or where driveways exit onto public streets. Fences and landscaping within this area are limited to 30 inches above the elevation of the curb or street centerline so that drivers stopped at an intersection can see oncoming traffic. Buildings are strictly prohibited within the clear vision triangle. Regulations related to the clear vision triangle are provided in Chapter 12.12 RCMC (Obstruction of Corners).

“Commercial mascot” means a human or live animal used as a commercial advertising or signaling device. Sometimes called sign twirlers or sign clowns.

“Commercial message” means any sign wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity.

“Commercial vehicle” means vehicles more than 24 feet in length, single- or double-axle trailers in excess of 15 feet in length, tow trucks, water trucks, buses, dump trucks, forklifts, front loaders, logging vehicles, backhoes, carryalls, graders, tracked vehicles, bulldozers, tractors with or without semitrailers, and farm equipment in excess of 10 feet in length. Also, taxis, limousines, and any motor vehicle other than a standard passenger car, or any pickup truck or van with a rated carrying capacity greater than one ton.

“Concertina wire” means a type of barbed wire or razor wire that is formed into large coils that usually sit atop another type of fencing.

“Condominium” means and includes the items below. The term “condominium” specifically includes, but is not limited to, the conversion of any existing structure for sale pursuant to a method described in subsections (1) through (4) of this definition:

1. Condominium as defined by Section 783 of the Civil Code;

2. Community apartment project as defined by Section 11004 of the Business and Professions Code;

3. Stock cooperative as defined by Section 11003.2 of the Business and Professions Code; and

4. Planned development as defined by Section 11003 of the Business and Professions Code.

“Condominium project” or “project” includes the real property and any structures thereon, or any structures to be constructed thereon, which are to be divided into condominium ownership.

“Condominium unit or units” means the individual spaces within a condominium project owned as individual estates.

“Conversion” or “condominium conversion” means a change in the ownership of a parcel or parcels of property, together with structures thereon, whereby the parcel or parcels and structures previously used as rental units are changed to condominium ownership. Condominium conversion includes projects which have previously obtained final map approval, but have not proceeded to sell any of the apartment units to individual unit owners.

“Corner arcade” means a small covered space adjoining the intersection of two streets at the same elevation as the adjoining sidewalk or sidewalk widening and directly accessible to the public at all times.

“Custom home” means a site-specific home built from a unique set of plans for the wishes of a specific client.

“Deck/patio” means a detached porch or platform that is generally constructed with wood, concrete, or stone that is above the natural grade or located over a basement or story below.

“Density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable zoning district and land use element of the General Plan and applicable state law. Housing incentives and density bonus-related definitions are in RCMC 23.1104.080.

“Development” means, for purposes of this zoning code, a proposed or already-constructed building or group of buildings.

“Earthtones” means colors similar to those found in earth and soils, such as shades of brown or reddish-browns.

“Electrical substation” means, for the purposes of this zoning code, any structure with 100,000 volts or greater incoming capacity which either:

1. Converts electrical energy to a lesser voltage for the purpose of subregional or localized distribution;

2. Functions as a transition point from overhead to underground electrical transmission lines; or

3. Acts as the point of convergence for two or more transmission lines.

“Electromagnetic” means an electrical wave propagated by an electrostatic and magnetic field of varying intensity.

“Eligible tenant” means any tenant who is a resident of the project proposed for conversion on the date notice of intent to convert is given as required by state law.

“Employee break area” means a public space reserved for employee use on a lot zoned for commercial, office, or industrial use.

Figure 23.1104-4: Employee Break Areas

“Establishment” means any nonresidential use of land involving structures, as defined in the building code, and the presence of human beings during normal hours of operation. By way of example and not limitation, this definition includes businesses, factories, farms, schools, hospitals, hotels and motels, offices, and libraries, but does not include power transformers or other utility facilities at which human beings are usually not present, single-family homes, mobile homes, residential apartments, residential care facilities, or residential condominiums.

“Fixed-base structures and facilities” shall include substations (both communication and electrical), potable water storage facilities, public water system wells, natural gas regulating and distribution facilities, and treatment plants.

“Flag” means any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

“Floor area ratio (FAR)” expresses the relationship between the amount of useable floor area permitted in a building (or buildings) and the area of the lot on which the building stands. It is obtained by dividing the gross floor area of a building by the total area of the lot. FAR is usually expressed as a decimal fraction (for example, 0.5 or 2.0).

“Foot-candle” means a unit of illumination produced on a surface, all points of which are one foot from a uniform point of one candle.

“Full shielding” means a technique or method of construction which causes all light emitted from an outdoor light fixture to be projected below an imaginary horizontal plane passing through the lowest point on the fixtures from which light is emitted.

“Garage, yard, estate, and other home-based sales” means the occasional nonbusiness public sale of secondhand household and other goods incidental to household uses by a person or persons from a residential use.

“General advertising” means the business of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising; also known as advertising for hire.

“Glare” means light emitting from a luminaire with an intensity great enough to reduce a viewer’s ability to see and, in extreme cases, causing momentary blindness.

“Grade” means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation on the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In cases where walls and fences are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. In the case of signs, grade is the lowest point of elevation of the finished surface of the ground at the base of the sign, or in the case of a double support, the lowest point of elevation of the finished surface of the ground at the supports.

“Grade, existing” means the natural grade in place prior to the preparation of property for development. For individual recorded lots, “existing grade” shall mean natural grade or the grade established as a part of the development of the subdivision.

“Grade, finish” means the final contour of the ground surface of a site that conforms to the approved grading plan inclusive of cut and fill when not part of master grading of a subdivision.

“Guest house/pool house” means an attached or detached habitable structure with only sleeping, living, and bathroom provisions, exclusive of kitchen or cooking facilities. Such structure shall not be used or rented as a separate dwelling for permanent living quarters unless a conditional use permit is granted to do so.

“Hives” mean any receptacle or container made or prepared for the intended use of bees and/or storage of honey or brood, or box of similar container of which bees have taken possession and/or inhabited.

“Home occupation” means an accessory, nonresidential business activity that is conducted within a dwelling by its inhabitants, incidental to the residential use of the dwelling, which does not change the character of the surrounding area by generating more traffic, noise, or storage of material than would be normally associated with a residential zone.

“Housing development” means one or more groups of projects for residential units planned for construction in the city. It includes a subdivision or common interest development as defined in Section 1351 of the Civil Code, residential units or unimproved residential lots, the rehabilitation of existing multifamily dwellings where the rehabilitation would result in a net increase in available units, and the conversion and rehabilitation of an existing commercial building to residential use.

“Incentives and concessions” means such regulatory concessions as specified in subdivision (I) of Government Code Section 65915 which include, but are not limited to, the following:

1. The reduction of site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable financially sufficient and actual cost reductions.

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Direct financial assistance.

4. Other regulatory incentives or concessions which result in identifiable cost reductions or avoidance.

“Integrated development” means a group of two or more adjacent parcels or uses planned and/or developed in a joint manner which may include shared buildings, public spaces, landscape, and/or parking facilities. Integrated developments may be under single or multiple ownership.

“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure, as defined in Government Code Section 65852.22. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

“Landscape feature” means a detached decorative structure typically used in conjunction with plant materials for aesthetic enhancement, such as patio trellis covers, pergolas and gazebos with nonsolid roof construction, arched trellises, vertical lattice structures, statues, and similar features.

“Light pollution” means artificial light which causes a detrimental effect on the environment, astronomical research, or enjoyment of the night sky or causes undesirable glare or unnecessary illumination of adjacent property.

“Light trespass” means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

“Lot” means a parcel of land shown on a subdivision map, parcel map, certificate of compliance, or a record of survey map or described by metes and bounds and recorded in the office of the county recorder of Sacramento County, or a site in one ownership having an area for each main building or use as required in the applicable zone and having a frontage upon or access by adequate public easement to a public street, road, or highway. Types of lots include the following and are described in Figure 23.1104-5 (Lot and Yard Types):

1. “Lot, corner” means a lot situated at the intersection of two or more public streets having an angle of intersection of not more than 135 degrees.

2. “Lot, flag” means a parcel of land shaped like a flag; the staff (access corridor) is a narrow strip of land providing vehicular and pedestrian access to the street with the bulk of the property lying to the rear of other lots.

3. “Lot, interior” means a lot other than a corner lot.

4. “Lot, through” means a lot having a frontage on two parallel or approximately parallel streets.

Figure 23.1104-5: Lot and Yard Types

Corner Lot

Interior Lot

Through Lot

Flag Lot

“Lot depth” means the horizontal distance between the front and rear lot lines measured on the longitudinal center line.

“Lot frontage” means the portion of a property that abuts one side of a public street which allows primary access to the property. The public street frontage for lots fronting on a curved street, or on the curved portion of a cul-de-sac street, shall be measured along an arc located within the front 50 feet of the lot and based on a center point coincidental with the center point of the street curve. If such arc is farther than 20 feet from the right-of-way line of the street, that arc will be considered the front yard setback line of the lot.

“Lot line, front” means, in the case of an interior lot, a line separating the lot from the street or place, and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street. In the case of a square or nearly square-shaped corner lot, the owner may choose which street shall be designated as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are complied with.

“Lot line, rear” means a lot line which is opposite and most distant from the front lot line and, in case of an irregular, triangular, or gore-shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. See Figure 23.1104-6 (Setback Determination for Irregular Lots).

Figure 23.1104-6: Setback Determination for Irregular Lots

“Lot line, side” means any lot boundary line not a front lot line or a rear lot line.

“Lot width” means the 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” means, when used by itself or as a modifier of “person” or “household” or other term, a household whose income does not exceed 80 percent of the median income applicable to Sacramento County, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development.

“Luminaire” means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts. The pole, post, or bracket is not considered a part of the luminaire.

“Maximum residential density” means the maximum number of residential units permitted by the city’s General Plan land use element and this title at the time of application.

“Mobile food vendor” means a person or enterprise that sells, serves, offers for sale, or gives away only food from a mobile food vending unit parked or located on a private parcel of property. This term includes a person who operates a mobile food vending unit that visits multiple private property sites on a daily basis.

“Mobile home park” means a residential facility arranged or equipped for the accommodation of two or more mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities either separately or in common to mobile home spaces therein.

“Mobile vending operation” means peddling, vending, selling, serving, displaying, offering for sale or giving away goods, wares, merchandise or food from either a mobile vending unit, mobile stand/display or a mobile food vending unit located on private property.

“Mobile/manufactured home” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including a recreational vehicle, commercial coach, or factory-built (modular) housing (single-family dwelling). A mobile home on a permanent foundation is included under the definition of single-family dwellings.

“Moderate income” means, when used by itself or as a modifier of “person” or “household” or other term, a household whose income does not exceed 81 percent to 120 percent of the median income applicable to Sacramento County, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development.

“Nonconforming structure” means a structure (including signs) which is not permitted under the provisions of this title (or any amendments thereto) but was legally in place, with licenses and permits in current status, at the effective date of the ordinance codified in this zoning code or any subsequent ordinance.

“Nonconforming use” means a use which is not permitted under the provisions of this title (or any amendments thereto) but was legally in place, with licenses and permits in current status, at the effective date of the ordinance codified in this zoning code or any subsequent ordinance.

“Nonrestricted unit” means all units within a housing development excluding the target units.

“Notice of intent to convert” means a notice required to be served upon tenants or prospective tenants pursuant to the requirements of Section 66427.1, 66452.8, 66452.9, or 66459 of the Subdivision Map Act. The definition includes both 60-day and 180-day notices as further defined in the applicable section.

“Odor” means obnoxious odors or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.

“On-site main street” means a street or drive aisle located on a lot designed to resemble streets found in an urban context. Defining features of these “streets” include narrow travel lanes, on-street parking, wide sidewalks designed in accordance with RCMC 23.722.060(F)(2), and buildings located adjacent to or near sidewalks.

Figure 23.1104-7: On-Site Main Streets

“Open view fencing” means fencing that does not create a solid visual barrier, such as wrought iron or tubular steel.

“Park and ride facility” means a designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.

“Parking facility” refers to a public or shared parking lot or structured parking garage.

“Particulate matter and air contaminants” refers to the operation of facilities that directly or indirectly discharge air contaminants into the atmosphere, including smoke, sulfur compounds, dust, soot, carbon, noxious acids, gases, mist, odors, or particulate matter, or other air contaminants or combinations which exceed any local, state, or federal air quality standards or which might be obnoxious or offensive to anyone residing or conducting business either on site or abutting the subject site. Particulate matter shall not be discharged into the atmosphere in excess of the standards of the federal Environmental Protection Agency, the California Air Resources Board, or the Sacramento Metropolitan Air Quality Management District.

“Paseo” means a public space that is located within a block’s interior and that connects two streets that are parallel or within 45 degrees of being parallel to each other.

Figure 23.1104-8: Paseos

“Pedestrian pathways” refers to the infrastructure which provides a safe pedestrian circulation system throughout the development site that minimizes the conflict between pedestrians and vehicular traffic at all points, including parking areas and building access points. The pathway system comprises standard pedestrian paths – pathways that meet the ADA sidewalk width requirements of four feet – and enhanced pedestrian paths – pathways that exceed the ADA sidewalk width requirement and include amenities (e.g., seating, trash receptacles, and drinking fountains).

“Pennant” means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.

“Play equipment” means structures and surfaces used for recreational purposes, including play structures, jungle gyms, and sports courts such as tennis and basketball courts.

“Plaza” means an urban public space typically bounded by buildings, public rights-of-way, and other secondary public spaces.

Figure 23.1104-9: Plazas

“Pool/spa” means a structure greater than 120 square feet with at least 2,000 gallons of water and a minimum depth of three feet.

“Potable water storage facility” means a water tank or similar structure that collects and/or stores potable water, either just prior to or after treatment to make the water safe for human consumption.

“Primary dwelling unit” means an existing 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.

“Primary site frontage” means the longest frontage of a site that adjoins or fronts onto a public right-of-way.

“Public space” means an open area for public use on a lot developed in accordance with requirements of an arcade, a building entry, an employee break area, or a plaza.

“Recreational vehicle (RV)” means an enclosed piece of equipment dually used as both a vehicle and a temporary travel home. Travel trailers are included under this definition. RVs are intended for everything from brief leisure activities, such as vacations and camping, to full-time living.

“Related equipment” means all equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cables, conduits, connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.

“Retaining wall” means a structure that holds back soil and rock from a building, structure, or area that helps to prevent erosion and the downward slide of such materials.

“Right-of-way line” means the future right-of-way line or plan lines of any highway or street as shown on the current circulation plan roadway system and sizing map of the city’s General Plan.

“Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

“Senior citizen housing development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units and complies with the requirements of California Civil Code Section 51.3.

“Setback” means the minimum distance between a structure and a property line of the lot, measured at a right angle from the designated property line.

“Shielding” means a technique or method of construction which causes light emitted from an outdoor light fixture to be projected below an imaginary horizontal plane passing through the fixtures.

“Sign” means any structure, part thereof, device, fixture, or placard or inscription which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure, or on an awning, canopy, marquee or similar appendage, or permanently affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry when such image is visible from any public right-of-way. Sign-related definitions are in RCMC 23.1104.050. Notwithstanding the generality of the foregoing, the following are not within this definition:

1. Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks, or moving parts).

2. Fireworks, etc. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this zoning code.

3. Gravestones and grave markers.

4. Manufacturers’ marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale.

5. Newsracks and newsstands.

6. Personal appearance. Items or devices of personal apparel, decoration, or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots).

7. Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal. The definition also includes foundation stones and cornerstones.

“Special category tenants” refers to persons or tenants who fall within one or more of the following categories:

1. “Elderly” means individuals 62 years of age or older;

2. “Handicapped or permanently disabled” as defined in Section 50072 of the California Health and Safety Code or 42 USC 423 and 24 CFR 8.3;

3. “Low income” or “very low income” as defined in this zoning code.

“Special needs population” means persons identified as having special needs related to any of the following:

1. Mental health;

2. Physical disabilities;

3. Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism;

4. The risk of homelessness; or

5. Persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by Section 5890 of the Welfare and Institutions Code.

“Trailers” means generally an unpowered vehicle pulled by a powered vehicle. Commonly, the term “trailer” refers to such vehicles used for transport of goods and materials. Travel trailers are considered recreational vehicles.

“Transmission lines and pipelines” means those facilities that transmit or transport electricity, potable water, reclaimed water, natural gas, sewage, and telephone, telegraph, cable television, and other communication transmission facilities that utilize direct physical conduits.

“Treatment plants” means a facility used to treat water into potable water suitable for human consumption or used to treat sewage/waste water so that it may be reclaimed for use as irrigation water or otherwise released back into the natural environment. May also include settling ponds and disposal fields related to the operation of the treatment plant.

“Truck yard/freight terminal” means an establishment where the primary activities are furnishing services incidental to air, motor freight, and rail transportation, where freight transferring occurs. This includes freight forwarding services; freight terminal facilities; joint terminal and service facilities; packing, crating, inspection, and weighing services; postal service bulk mailing distribution centers; transportation arrangement services; repair and storage of vehicles as ancillary activities; truck terminals; and trucking facilities.

“Vacancy rate” means the actual, physical vacancy rate of nonrented apartments in the project.

“Very low income” means, when used by itself or as a modifier of “person” or “household” or other term, a household whose income does not exceed 50 percent of the median income applicable to Sacramento County, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development.

“Very low income households” means households whose income does not exceed the very low income limits applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.

“Vessel” means watercraft used or capable of being used as a means of transportation on water.

“Yard” means an open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this code. Types of yards include the following and are described in Figure 23.1104-5 (Lot and Yard Types):

1. Yard, Front.

a. For any lot other than a corner lot in a residential zoning district, the front yard area means the area which extends across the full width of the lot and from the front lot line along the street to a line defined by the front yard setback, excluding frontage area which is used primarily for ingress or egress to a flag lot.

b. For a corner lot in a residential zoning district, the front yard setback area means the area which extends across the full width of the lot and from the narrower lot line along a public street to a parallel line defined by the front setback line.

c. Irregular Lot. For flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot. For flag lots, this excludes the narrow portion of the lot that represents the “pole.” See Figure 23.1104-10.

Figure 23.1104-10: Front Yard Setback Measurement for Irregular Lots

2. Yard, Rear.

a. For an interior lot, the rear yard setback area means the area which extends across the full width of the lot and from the rear lot line to a parallel line defined by the rear yard setback distance.

b. For a corner lot, the rear yard setback area means the area which extends across the full width of the lot and from the lot line opposite the narrower lot line along a public street to a parallel line defined by the rear yard setback line.

c. In computing the depth of a rear yard, for any building where such yard opens onto an alley, one-half of such alley may be assumed to be a portion of the rear yard.

3. “Yard, side” means that area which extends from a side lot line to a parallel line defined by the interior side yard setback between the front setback area and the rear yard setback area.

4. “Yard, side street” means the area that extends from the side lot line adjacent to the street right-of-way to a parallel line defined by the street side yard setback between the front setback area and the rear yard setback area.

“Yard area, actual” means the horizontal area between the property line and a parallel line along the nearest structure located outside of the required setback area. See Figure 23.1104-5, Lot and Yard Types.

Yard Area, Required. The required yard area (front, interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard pursuant to Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 10.2.020)].

23.1104.030 Purpose, land use definitions.

The purpose of this chapter is to provide descriptions for each of the land use categories used in Article 3 (Zoning Districts, Allowable Uses, and General Development Standards). Descriptions are grouped by general category on the basis of function, product, or compatibility characteristics as used in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 10.1.010). Formerly 23.1101.010].

23.1104.040 Land use definitions.

“Adult day care facilities” means state-licensed facilities that provide supervised care of older adults, providing activities such as meals and socialization one or more days a week during specified daytime hours. The participants, primarily persons with physical and/or mental limitations who need socialization, physical assistance, and/or psychological assistance, return to their homes each evening. The program is often used as respite by family members caring for an older person who cannot be left alone safely in the home. Supervision for more than six adults for periods of less than 24 hours, with no overnight stays.

“Adult day care home” is defined by state law as the provision of nonmedical care to six or fewer adults, including seniors, in the provider’s own home, for a period of less than 24 hours at a time. Homes serving more than six adults are included in “adult day care facilities.”

“Agricultural employee” means an employee engaged in agriculture, which includes farming in all its branches, including but not limited to the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, furbearing animals, or poultry, and any practices performed by a farmer or on a farm, as further defined in California Labor Code Section 1140.4(b). “Agricultural employee” also means farm worker or farm laborer.

“Agricultural employer” means an employer engaged in agricultural operations who employs employees, as defined in California Labor Code Section 1140.4(c).

“Agricultural housing, employer provided” means housing accommodations described in Section 17008(a) of the Employee Housing Act for five or more farmworkers by their employer and maintained in connection with any work or place where work is being performed, whether or not rent is involved.

“Agricultural housing, single-family farmworker housing” means housing accommodations occupied by no more than six farmworkers for which the owner/operator has obtained or seeks a license pursuant to Section 17021.5 of the Employee Housing Act, which allows such projects to be deemed a single-family dwelling and a residential use of the property.

“Agricultural products processing” means the act of changing an agricultural crop after harvest from its natural state to the initial stage of processing in order to prepare it for market and for further processing at an off-site location. Examples of this processing include nut hulling and shelling, bean cleaning, corn shelling and sorting, grape sorting and crushing, primary processing of fruits to juice and initial storage of the juice, without fermentation, cleaning and packing of fruits.

“Agricultural tourism” means establishments that cater to tourists and provide agricultural products either produced on the site or within the community. Such uses include but are not limited to wineries with tasting rooms and permanent roadside crop stands or fruit stands.

“Airport” means a facility where aircraft such as airplanes can take off and land. An airport minimally consists of one runway but other common components are hangars and terminal buildings.

“Alcoholic beverage sales” means the retail sale of beer, wine, and/or other alcoholic beverages for off-premises consumption.

“Ambulance service” means emergency medical care and transportation, including incidental storage and maintenance of vehicles.

“Animal husbandry” means raising and breeding of animals or production of animal products. Typical uses include grazing, ranching, dairy farming, poultry farming, and beekeeping, but exclude slaughterhouses and feedlot operations. This classification includes accessory agricultural buildings accessory to such uses. Animal sales, boarding, and grooming are defined separately under “Animal sales and grooming.” Keeping of animals is defined separately under “Animal keeping.”

“Animal keeping” means care and maintenance of animals on private property. The listing below provides a distinction between various types of animals related to allowed use provisions in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). This classification is distinct from animal husbandry, animal sales and grooming, and equestrian facilities (commercial or hobby). Also see “Kennels, commercial,” which provides for the boarding of animals (e.g., “doggie day care”).

1. “Domestic pets” means small animals (no larger than the largest breed of dogs) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds (excluding large tropical birds and poultry).

2. “Exotic animals” means wild animals not customarily confined or cultivated by man for domestic or commercial purposes, but kept as a pet or for display, including miniature pigs, snakes, reptiles, and large tropical birds (including peacocks).

3. “Livestock animals” means domesticated animals that may be kept or raised in pens, barns, houses, and pastures, whether for commercial or private use. “Livestock” includes, but is not limited to, cattle, sheep, swine, goats, equine, and fowl.

4. “Poultry” means domesticated birds (fowl) customarily kept for eggs or meat. This classification includes chickens, roosters, ducks, geese, turkeys, guinea fowl, and Cornish game hens.

“Animal sales and grooming” means retail sales of domestic and exotic animals, bathing and trimming services, and boarding of said animals for a maximum period of 72 hours, conducted entirely within an enclosed building with no outdoor use.

“Aquaculture” means the cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions. “Aquaponics” is a subset of aquaculture which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.

“Art, antique, collectable” means retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are defined separately as “Artisan shops.”

“Artisan shops” means retail stores selling art, glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

“Artisanal and specialty manufacture, display and sales” means the manufacture, display, and sales of specialty food and goods requiring the transformation of raw materials into products that may be edible, useful, or decorative. Outdoor display, sales and consumption on premises may be included subject to zoning and accessibility requirements, and any other state or local regulations such as, but not limited to, the California Uniform Food Facilities Law (CURFFL).

“Auto and vehicle sales and rental” means retail establishments selling and/or renting automobiles, trucks, and vans. This use listing includes the sales and rental of mobile homes, recreation vehicles, and boats. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. It does not include the sale of auto parts/accessories separate from a vehicle dealership (see “Auto parts sales”), bicycle and moped sales (see “Retail, general”), tire recapping establishments (see “Vehicle services – major”), businesses dealing exclusively in used parts (see “Recycling facility – scrap and dismantling”), or “Service station,” all of which are separately defined.

“Auto and vehicle sales, wholesale” means wholesale establishments selling new and used vehicles and used vehicle parts. This use is normally developed as part of an auto wrecking yard, junkyard, or salvage yard. Conventional automobile dealerships are listed under “Auto and vehicle sales and rental.”

“Auto and vehicle storage” means facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes but is not limited to storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreation vehicles. Does not include vehicle dismantling (see “Auto vehicle dismantling”) or retail sales (see “Auto and vehicle sales, wholesale”).

“Auto parts sales” means stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see “Vehicle services – minor”). Does not include tire recapping establishments, which are found under “Vehicle services – major” or businesses dealing exclusively in used parts, which are included under “Auto and vehicle sales, wholesale.”

“Auto vehicle dismantling” means establishments for the dismantling of automobile vehicles, including the dismantling or wrecking of automobiles or other motor vehicles, and/or the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking. Retail sales are included under the definition of “Auto and vehicle sales, wholesale.”

“Banks and financial services” means financial institutions such as banks and trust companies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Also includes automated teller machines (ATMs). “Banks and financial services” shall not mean check cashing or finance lending businesses that do not qualify as a “financial institution” under California Financial Code statutes.

“Bars and nightclubs” means any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment (e.g., music and/or dancing, comedy) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. “Bars and nightclubs” may include outdoor food and beverage areas.

“Battery energy storage system (BESS) facility” means a system consisting of electrochemical storage batteries, battery chargers, controls, power condition systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle or behind-the-meter battery energy storage systems.

“Bed and breakfast inns” means residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel and is included under the definition of “Hotels and motels.”

“Brew pub” means an establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of Alcoholic Beverage Control. Service of brewed beverages must be in conjunction with the service of food. Manufacturing activities shall occur entirely within an enclosed building or outdoor work area screened from public view and be separated from the restaurant portion of the facility by applicable building codes. All beverage tasting shall occur within the restaurant portion of the facility. Brew pubs may not produce more than 5,000 barrels of beverage (all types of beverage combined) annually per ABC licensing standards. May also include the wholesale distribution of beverages for off-site consumption.

“Brewery, winery, distillery” means a facility where specific alcoholic beverages are manufactured. A tasting room is permissible as part of the on-site manufacturing of alcoholic beverages for the brewery, winery or distillery that has been licensed by Alcoholic Beverage Control. Tasting rooms must comply with retail hours of operation from 10:00 a.m. to 11:00 p.m. Tasting shall follow all guidelines established and enforced by Alcoholic Beverage Control. All manufacturing activities occur within a completely enclosed building or in an outdoor work area screened from view. Off-site sales of alcoholic beverages are allowed at this facility consistent with regulations of ABC licensure. Prior to occupancy, all breweries, wineries, or distilleries shall provide evidence of acquisition of all required state and federal permits. See also “Tasting room, off-site.”

“Broadcasting and recording studios” means commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers, which are under the definition of “Telecommunication facility.”

“Building materials stores and yards” means retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling and distribution.” Hardware stores are listed in the definition of “Retail, general,” even if they sell some building materials. Also see “Home improvement supplies” for smaller specialty stores.

“Bus and transit shelter” means a small structure designed for the protection and convenience of

waiting transit passengers and that has a roof and usually two or three sides.

“Business support services” means establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. “Support services” include, but are not limited to:

1. Equipment repair services (except vehicle repair; see “Vehicle services”);

2. Commercial art and design (production);

3. Computer-related services (rental, repair);

4. Copying, quick printing, and blueprinting services (other than those defined as “Printing and publishing”);

5. Equipment rental businesses within buildings (rental yards are “Storage, yards”);

6. Film processing laboratories;

7. Heavy equipment repair services where repair occurs on the client site;

8. Janitorial services;

9. Mail advertising services (reproduction and shipping);

10. Mailbox services;

11. Outdoor advertising services; and

12. Photocopying and photofinishing.

“Call center” means an office equipped to handle a large volume of calls, especially for taking orders or servicing customers.

“Car washing” means permanent, drive-through, self-service, and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes (e.g., fundraising activities generally conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day) are not part of this use classification.

“Card rooms” means gambling establishments that offer card games for play by the public.

“Caretaker housing” means a residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site.

“Cemeteries” or “mausoleums” means land used for the burial of the dead and dedicated for cemetery purposes, including crematories, columbariums, and mausoleums. Also see “Mortuaries and funeral homes.”

“Check cashing business” means an establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, title cashing, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union or similar financial institution (see “Banks and financial services”).

“Child day care facility” means a state-licensed facility which provides nonmedical care, protection, and supervision to more than 14 children under 18 years of age, on a less than 24-hour basis. Commercial or nonprofit child day care facilities include infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

“Clubs, lodges, and private meeting halls” means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership organizations.

“Commercial marijuana uses” means any and all commercial and nonprofit entities, businesses, organizations, facilities, enterprises, buildings, structures, delivery service, vehicle or location, whether fixed or mobile, where recreational or medical marijuana (cannabis), recreational or medical marijuana products, or devices for the use of recreational or medical marijuana or marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers recreational or medical marijuana and recreational marijuana products. “Commercial marijuana uses” also includes any and all uses involving the cultivation, testing, research, distribution, possession, processing, storing, labeling, transporting, or sale of medical or recreational marijuana or recreational or medical marijuana products, regardless of whether such uses are permitted under state laws.

“Community centers/civic uses” means multipurpose meeting facilities, recreational facilities, and ballrooms typically consisting of one or more meeting or multipurpose rooms, kitchens and/or outdoor barbecue facilities that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

“Community garden” means a site used for growing plants for food, fiber, herbs, or flowers, which is shared and maintained by city residents.

“Community garden, private” means an otherwise undeveloped lot divided into multiple plots for the growing and harvesting of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs, primarily for the personal use of the growers, and that is established, operated, and maintained by a group of persons, other than the city. This does not include a private garden or edible landscaping that is incidental to the primary use of the lot.

“Community garden, public” means public land divided into multiple plots that are available to the public for growing and harvesting of fruits, vegetables, flowers, fiber, nuts, seeds, or culinary herbs primarily for the personal use of the growers, and that is established, operated, and maintained by the city.

“Convenience stores” means easy-access retail stores of 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers’ shopping needs. These stores may be part of a service station or an independent facility. Also see “Neighborhood market” and “Grocery store/supermarket” for larger stores or stores oriented toward the daily shopping needs of residents.

“Cottage food operation” means a cottage food operation as defined in the California Health and Safety Code.

“Crop production” means raising and harvesting of plants, tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing. Includes horticulture establishments engaged in the cultivation of flowers, fruits, vegetables, or ornamental trees and shrubs for wholesale and incidental retail sales. This classification includes accessory agricultural buildings accessory to such uses and roadside stands for display/sale of agricultural products grown on the premises. Excludes uses for which other garden, nursery, or landscape merchandise is stored and sold on the site.

“Detailing or waterless car wash” means a facility that offers interior or exterior cleaning of chrome trim, windows, wheels and other visible components on a vehicle’s exterior. Cleaning typically includes the use of premixed cleaners that are sprayed on and wiped off and very little use of water.

“Drive-in and drive-through sales and service” means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy products, photo stores, etc.

“Dwelling, accessory unit” means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit. This definition includes granny flats.

“Dwelling, multifamily” means a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., apartment, apartment house, townhouse, condominium).

“Dwelling, single-family” means a building designed exclusively for occupancy by one family on a single lot. This classification includes manufactured homes (defined in California Health and Safety Code Section 18007) and model homes for the first sale of homes within the subdivision.

“Dwelling, two-family” means an attached building (e.g., duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). More than one two-family dwelling may be located on a single lot consistent with the density provisions of the General Plan. Does not include accessory dwelling units (see “Dwelling, accessory unit”).

“E-cigarette lounge” and “vapor bar” mean any business, facility, building, establishment, structure or location, whether fixed or mobile, where customers or others utilize a heating element or other device that vaporizes a liquid solution that releases nicotine or flavored vapor, including but not limited to e-cigarettes, hookah pens, e-hookahs, or vape pipes. “E-cigarette lounge” and “vapor bar” shall include “private smokers’ lounges” and “smokers’ lounges” as defined below. “E-cigarette” or “electronic cigarette” shall have the same definition as that in RCMC 6.84.020(F).

1. “Hookah bar” means any business, facility, building, establishment, structure or location, whether fixed or mobile, where customers or others utilize hookahs, pipes, or other mechanisms placed at various locations throughout the establishment to smoke tobacco or other substances.

2. “Private smokers’ lounges” or “smokers’ lounges” means any enclosed or unenclosed area within or attached to a retail or wholesale tobacco store or smoke shop that is dedicated, in whole or in part, to the use of tobacco or e-cigarette products, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarettes, hookah pens, e-hookahs, or vape pipes or pens. Such area need not be separated from the main floor area of the retail establishment.

“Emergency facilities” means temporary facilities to accommodate emergency public health and safety needs and activities.

“Emergency shelter” means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless.

“Equestrian facility, commercial” means commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses.

“Equestrian facility, hobby” means stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals.

“Equipment sales and rental” means service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental (e.g., construction equipment).

“Family day care home, large” means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence. The occupant of the residence provides care and supervision generally for seven to 14 children. As described in the California Health and Safety Code, large day care homes may provide services for up to 16 children when specific conditions are met.

“Family day care home, small” means state-licensed facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours within a single-family residence. The occupant of the residence provides care and supervision generally to six or fewer children. As described in the California Health and Safety Code, small day care homes for children may provide services for up to eight children when specific conditions are met.

“Fuel storage and distribution” means a large-scale facility where fuel (such as propane and gasoline) is stored and distributed without retail sales.

“Furniture, furnishings, and appliance stores” means stores engaged primarily in selling the following products and related services, including incidental repair services: draperies, floor coverings, furniture, glass and chinaware, home appliances, home furnishings, home sound systems, interior decorating materials and services, large musical instruments, lawn furniture, moveable spas and hot tubs, office furniture, other household electrical and gas appliances, outdoor furniture, refrigerators, stoves, and televisions.

“Garden center/plant nursery” means establishments providing for the cultivation and sale of ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment.

“Golf courses/clubhouses” means golf courses and accessory facilities and uses including clubhouses with bar and restaurant, locker and shower facilities, driving ranges, “pro shops” for on-site sales of golfing equipment, and golf cart storage and sales facilities.

“Grocery store/supermarket” means a retail business of more than 15,000 square feet in size, where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. These full-service businesses do not typically have limited hours of operation. See separate but related listings for “Neighborhood market” and “Convenience store.”

“Group residential” means shared living quarters without separate kitchen and/or bathroom facilities for each room or unit. This classification includes residential hotels, fraternities, sororities, convents, rectories, and private residential clubs but does not include living quarters shared exclusively by a family. This category includes boarding houses, which are defined as a building other than a hotel or restaurant where meals or lodging or both meals and lodging are provided for compensation for four or more persons.

“Guest house” means a detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

“Heliport” means a designated, marked area on the ground or the top of a structure where helicopters may land at any time.

“Hog farm, commercial” means any premises used for the raising or keeping of hogs when raised, fed, and fattened for purposes of sale and consumption by other than the owner of the site. In agricultural and agricultural-residential zoning districts, the term “hog farm, commercial” does not exclude the raising of hogs as part of general agricultural practices and 4-H purposes (also see “Animal keeping”).

“Home improvement supplies” means establishments (retail or wholesale) that sell kitchen, bath, furnishings, carpeting, and other home-oriented supplies. Other retail uses are permitted if accessory to the primary use. These uses may include an expansive showroom. This category does not include the sale of lumber and does not permit the outdoor display of merchandise. This use classification is a subcategory of the larger “building materials stores and yards” use classification and may be combined with or separate from such uses.

“Home occupation” means the conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales.

“Hookah bar” means any business, facility, building, establishment, structure or location, whether fixed or mobile, where customers or others utilize hookahs, pipes, or other mechanisms placed at various locations throughout the establishment to smoke tobacco or other substances.

“Hotels and motels” means facilities with guest rooms or suites, provided without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example: restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

“Hotels and motels, extended stay” means facilities with guest rooms or suites, provided with kitchen facilities, rented to the general public for transient lodging (less than 30 days) or for longer periods of time. Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging; for example: restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

“Hydroponics” means a method of growing plants in soil-less medium or an aquatic-based environment in which plant nutrients are distributed via water.

“Indoor amusement/entertainment facilities” means establishments providing indoor amusement and entertainment services for a fee or admission charge, including dance halls and ballrooms and electronic game arcades, as primary uses. Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or less machines are not considered a land use separate from the primary use of the site.

“Indoor fitness and sports facilities” means predominantly participant sports and health activities conducted entirely within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use does not include special studios not a part of an athletic or health club (e.g., karate studio, dance studio, etc.). Also see “Schools, private and special/studio.”

Kennels, Commercial. These facilities provide boarding of animals as the primary use of the facility. May also include day-time boarding and activity for animals (e.g., “doggie day care”) and ancillary grooming facilities. Also see “Animal sales and grooming.”

“Kennels, hobby” means facilities for the keeping, boarding, or maintaining of five or more dogs (four months of age or older) or five or more cats. Excludes dogs or cats for sale in pet shops or patients in animal hospitals. This includes a kennel where the animals are owned or kept by the owner or occupant for personal, noncommercial purposes, including hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or for enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises.

“Libraries and museums” means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally noncommercial in nature.

“Live-work facility” means a structure or portion of a structure:

1. That combines a commercial or manufacturing activity allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household;

2. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; and

3. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises.

“Low barrier navigation center” means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

“Maintenance and repair, small equipment” means establishments providing on-site repair and accessory sales of supplies for appliances, office machines, home electronic/mechanical equipment, bicycles, tools, or garden equipment, conducted entirely within an enclosed building. This classification does not include maintenance and repair of vehicles.

Manufactured Home. California Health and Safety Code Section 18007 defines a “manufactured home” as a structure that meets the following criteria:

1. Transportable in one or more sections;

2. When in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet;

3. Built on a permanent chassis;

4. Designed to be used as a residential dwelling;

5. Erected with or without a permanent foundation when connected to the required utilities;

6. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.

This term shall include any structure which meets all the requirements of this definition except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this definition. “Manufactured home” includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 USC Section 5401 et seq.).

“Manufacturing, major” means manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create greater than usual amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include but are not limited to batch plants, rendering plants, aggregate processing facilities, and plastics and rubber products manufacturing. Also see “Manufacturing, minor” and “Manufacturing, small scale.” “Manufacturing” shall not mean any uses involving medical or recreational marijuana products.

“Manufacturing, minor” means manufacturing, fabrication, processing, and assembly of materials from parts that are already in processed form and that, in their maintenance, assembly, manufacture, or plant operation, do not create excessive amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons conducting business on site or on an adjacent site. Uses include but are not limited to furniture manufacturing and cabinet shops, laundry and dry cleaning plants, metal products fabrication, and food and beverage manufacturing, processing and assembly. Also see “Manufacturing, major” and “Manufacturing, small scale.” “Manufacturing” shall not mean any uses involving medical or recreational marijuana products.

“Manufacturing, small scale” means establishments manufacturing and/or assembling small products primarily by hand, including but not limited to jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. This use category also includes minor manufacturing, so long as the activity occurs on a small scale and within spaces less than 20,000 square feet in size. Also see “Manufacturing, major” and “Manufacturing, minor.”

“Market garden” means the cultivation of fruits, vegetables, flowers, fiber, nuts, or seeds that involves the sale or donation of its produce to the public located outside of agricultural zoning districts.

“Massage parlor” means an establishment where customers can receive a massage.

“Medical marijuana dispensary” means (1) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana (cannabis) to two or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq., and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General guidelines; or (3) any facility, building, structure, vehicle or location, whether fixed or mobile, where medical marijuana, medical marijuana products, or devices for the use of medical marijuana or medical marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical marijuana and medical marijuana products as part of a retail sale. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.

The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.

A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.

“Medical services, extended care” means residential facilities providing nursing and health-related care as a primary use with inpatient beds, such as board and care homes, convalescent and rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “Residential care home.”

“Medical services, general” means facilities primarily engaged in providing outpatient medical, mental health, surgical, and other personal health services, but which are separate from hospitals, including medical and dental laboratories, medical, dental and psychiatric offices, outpatient care facilities, and other allied health services. Counseling services by other than medical doctors or psychiatrists are included under “Offices.”

“Medical services, hospitals” means hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see the separate definition of “Retail, accessory”), and emergency heliports.

“Mobile home” means a transportable structure which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein (California Health and Safety Code Sections 18007 and 18008). A mobile home is included in the definition of “Manufactured home,” and the minimum dimensions for a mobile home are eight feet wide, 40 feet long, and a total area of 320 square feet.

“Mobile home park” means a residential facility arranged or equipped for the accommodation of two or more mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities either separately or in common to mobile home spaces therein.

“Mobile home park” means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

“Mobile/manufactured home” means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including a recreational vehicle, commercial coach, or factory-built (modular) housing (single-family dwelling). A mobile home on a permanent foundation is included under the definition of single-family dwellings.

“Mortuaries and funeral homes” means funeral homes and parlors, where the deceased are prepared for burial or cremation and funeral services may be conducted.

“Neighborhood market” means a pedestrian-oriented grocery/specialty market store offering food products packaged for preparation and consumption away from the site of the store and oriented to the daily shopping needs of surrounding residential areas. Neighborhood markets are more than 3,500 square feet and less than 15,000 square feet in size and operate less than 18 hours per day. For larger stores, see “Grocery store/supermarket.” Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use.

“Offices, accessory” means offices that are incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project.

Offices, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, employment, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios). This use does not include medical offices (see “Medical services”), temporary offices (see Chapter 23.922 RCMC, Temporary Uses), or offices that are incidental and accessory to another business or sales activity that is the primary use (see “Offices, accessory”). Outdoor storage of materials is prohibited.

“Outdoor commercial recreation” means facilities for various outdoor participant sports and types of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic clubs with outdoor facilities, miniature golf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs, water slides, zoos).

“Park and ride facility” means a designated area where a vehicle may be left in order to carpool with other commuters or to ride public transit.

“Parking facility” means a parking lot or parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the on-site parking requirements for the development are not included in this definition.

“Parks and public plazas” means public parks including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. If privately owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of “Outdoor commercial recreation.”

“Pawnshop” means, consistent with RCMC 4.30.010, any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase is engaged in, carried on, or conducted.

“Personal services” means establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, permanent makeup application, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), shoe repair shops, and tailors. These uses may also include accessory retail sales of products related to the services provided, spas and hot tubs for rent, and tanning salons.

“Printing and publishing” means establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include “quick printing” services or desktop publishing, which are included in “Business support services.”

“Private garden” means a private food-producing garden located in the front, side, or rear yard, courtyard, balcony, fence, wall, window sill or basement that is accessory to the primary use of a site. This definition does not include incidental fruit and vegetable plants as part of an ornamental garden for individual, rather than resale, use.

“Private smokers’ lounges” or “smokers’ lounges” means any enclosed or unenclosed area within or attached to a retail or wholesale tobacco store or smoke shop that is dedicated, in whole or in part, to the use of tobacco or e-cigarette products, including but not limited to cigarettes, cigars, pipes, hookahs, e-cigarettes, hookah pens, e-hookahs, or vape pipes or pens. Such area need not be separated from the main floor area of the retail establishment.

“Public safety facility” means a facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities.

“Recreational vehicle park” means a site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. “Recreational vehicle parks” may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

“Recycling facility – collection” means a recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. This also includes so-called “reverse vending machines,” an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container’s redemption value as determined by the state.

“Recycling facility – processing” means a recycling facility located in a building or enclosed space and used for the collection and processing of recyclable 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 remanufacturing. Collection of recycling materials as the sole activity is included in the definition of “Recycling facility – collection.”

“Recycling facility – scrap and dismantling” means uses engaged in the assembling, breaking up, sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see “Auto vehicle dismantling” for related use for automobiles. Collection of recycling materials as the sole activity is included in the definition of “Recycling facility – collection.”

“Religious institutions” means facilities operated by religious organizations for worship or the promotion of religious activities (e.g., churches, mosques, synagogues, temples) and accessory uses on the same site (e.g., living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use). Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals, and other potentially related operations (e.g., recreational camp), are classified according to their respective activities.

“Research and development” means indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes but is not limited to chemical and biotechnology research and development. Does not include computer software companies (see “Offices, business and professional”), soils and other materials testing laboratories (see “Business support services”), or medical laboratories (see “Medical services, general”). Does not include medical or recreational marijuana (cannabis) research facilities.

“Residential care facility” means, consistent with the definitions of state law, a facility that provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California.

“Residential care home (large)” means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for more than six persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services, extended care.”

“Residential care home (small)” means, consistent with the definitions of state law, a home that provides 24-hour nonmedical care for six or fewer persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance, or training essential for sustaining the activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the state of California. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Medical services, extended care.”

“Resource protection and restoration” means activities and management of an area to preserve, re-create, and enhance natural resource values such as fish and wildlife habitat, rare and endangered plants, vernal pools, erosion control, and floodwater conveyance.

“Resource-related recreation” means facilities related to passive recreation in open space areas including bicycle and pedestrian trails, picnic areas, parking areas, and interpretive centers.

“Restaurant” means a retail business selling food and beverages prepared and/or served on the site, for on- or off-premises consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses.

“Retail, accessory” means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on site. The permitted retail area of the accessory use is based on the total square footage of the tenant space of a single-use development or the combined floor area of an integrated development in a mixed-use project.

“Retail, general” means stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include but are not limited to art galleries, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales only; outdoor sales are plant nurseries and included in the definition of “Garden center/plant nursery”), furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies, specialty shops, sporting goods and equipment, stationery, and variety stores.

“Retail, warehouse club” means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.

“Schools, private and special/studio” includes private educational institutions (e.g., boarding schools, business, secretarial and vocational schools, colleges and universities, establishments providing for courses by mail or online), and special schools/studios (e.g., art, ballet and other dance, computers and electronics, drama, driver education, language, music, photography). This also includes dormitories as an accessory use to a private school. Also includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development (e.g., fitness training studios, gymnastics instruction, and aerobics and gymnastics studios, environmental awareness, arts, communications, management). Also see “Indoor fitness and sports facilities.”

“Schools, public” means public educational institutions such as community colleges, universities, elementary schools, middle/junior high schools, high schools, and military academies. This also includes dormitories as an accessory use to a public school.

“Service station” means a retail business selling gasoline or other motor vehicle fuels, which may include a convenience store and/or self service car wash. Vehicle services which are incidental to fuel and car washservices are included under “Vehicle services – minor.”

“Sexually oriented business” means adult bookstores, adult motion picture theaters, adult live theaters, adult video stores, or any establishment that consists of a combination of such uses. An “adult bookstore” is a building or a portion thereof used by an establishment either (1) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of books, magazines, or other publications, is devoted to the sale of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (2) where 25 percent or more of the total number of books, magazines, or other publications offered for sale to the public consist of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18. An “adult motion picture theater” is a building or portion thereof or an area, open or enclosed, which regularly features motion pictures distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 or specified anatomical areas as defined in RCMC 23.1104.070. An “adult live theater” is a building or portion thereof or an area, open or enclosed, which regularly features live performances distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070 or specified anatomical areas as defined in RCMC 23.1104.070 for observation by patrons or customers. An adult video store is a building or portion thereof used by an establishment either (1) where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of videos, is devoted to the sale or rental of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or (2) where 25 percent or more of the total number of videos offered for sale or rental to the public consist of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in RCMC 23.1104.070, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18.

“Single room occupancy (SRO) facilities” means multi-unit housing for very low income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a government housing agency.

“Smoke shop” means an establishment selling smoking, drug, and/or traditional or electronic tobacco paraphernalia or products where 15 percent or more of the total floor or shelf area is devoted to selling tobacco products (as defined in RCMC 4.07.030). Limited sales of tobacco products that commonly occur within convenience stores or service stations are not included in this definition. Smoking, as defined in RCMC 6.84.020(S), shall be prohibited within all smoke shops, unless the establishment has been formally permitted to operate a private smokers’ lounge under applicable state and local laws.

“Storage, personal storage facility” means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand.

“Storage, warehouse” means a facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see “Storage, personal storage facility”) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and distribution”).

“Storage, yards” means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

“Supportive housing” means a combination of affordable housing and services. Supportive housing is typically for individuals and families confronted with homelessness and who also have very low incomes and/or serious life challenges. Supportive housing can be coupled with such social services as job training, life skills training, alcohol and drug abuse programs, and case management to populations in need of assistance, including the developmentally disabled, those suffering from dementia, including Alzheimer’s disease, and the frail elderly.

“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

“Tasting room, off-site” means a facility allowing beer, wine, or spirits tasting with on-site and off-site retail sales directly to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery, winery, or distillery, meeting all applicable requirements of state and federal licensure. The tasting room may be operated as a standalone retail use. Food preparation is not permitted. Prepackaged foods may be sold on premises. Patrons may carry food on site for personal consumption. Tasting rooms must comply with the retail hours of operation of 10:00 a.m. to 11:00 p.m. On-site tasting rooms are included as an accessory use in “Brewery, winery, distillery.” Any facilities not operating with these standards are considered “Bars and nightclubs.”

“Tattoo parlor” means any establishment that engages in the business of tattooing and/or branding human beings.

“Telecommunication facility” means a facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices, including a transmission tower, antenna, and/or other facility designed or used for that purpose. Amateur radio transmission facilities, facilities operated exclusively as part of a public safety network, and facilities used exclusively for the transmission of television and/or radio broadcasts are not telecommunication facilities.

“Theaters and auditoriums” means indoor facilities for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for “live” theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see “Outdoor commercial recreation.”

“Thrift store” means a retail establishment selling secondhand goods donated by members of the public.

“Trade school” means a type of higher learning school that focuses on job skill training rather than academics in the liberal arts. Trade schools focus on a particular set of skills that are taught to students looking to enter a certain career field. These schools help to train workers to perform the tasks needed to work in certain fields, and they usually do it in a shorter period of time than traditional universities.

“Transit facilities” means maintenance and service centers for the vehicles operated in a mass transportation system. Includes buses, taxis, railways, etc.

“Transit stations and terminals” means passenger stations for vehicular and rail mass transit systems.

“Transitional housing” means housing that has a predetermined end point in time and operated under a program which provides supportive services to assist in finding and keeping permanent housing. The program length is typically no less than six months.

“Urban agriculture” means the production of food in a form and scale that is appropriate for the urban context. Urban agriculture includes: “Market garden,” “Private community garden,” “Public community garden,” “Private garden,” and “Aquaculture.”

“Urban agriculture stand” means a temporary produce stand that is accessory to an urban agriculture use.

“Utility facilities and infrastructure” includes the following:

1. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching stations, natural gas regulating and distribution facilities, public water system wells, treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in “Offices”) or equipment and material storage yards.

2. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits.

“Vehicle services – major” means the repair, alteration, restoration, towing, painting, cleaning (e.g., self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major repair and body work repair facilities dealing with entire vehicles; such establishments typically provide towing, collision repair, other body work, and painting services and may also include tire recapping establishments.

“Vehicle services – minor” means minor facilities that specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check). Does not include repair shops that are part of a vehicle dealership on the same site (see “Auto and vehicle sales”) or automobile dismantling yards, which are included under “Recycling facility – scrap and dismantling.”

“Veterinary facility” means a veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provides long-term medical care. Grooming and boarding of animals is allowed only if accessory to the facility use.

“Wholesaling and distribution” means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, and stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. [Ord. 15-2023 § 3 (Exh. A); Ord. 8-2023 § 3 (Exh. A); Ord. 12-2022 § 3 (Exh. A), 2022; Ord. 1-2022 § 3 (Exh. A); Ord. 8-2021 § 3 (Exh. A); Ord. 1-2021 § 3 (Exh. A); Ord. 3-2019 § 5 (Exh. A); Ord. 15-2018 § 4 (Exh. A); Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 1-2016 § 6; Ord. 8-2015 § 4 (Exh. B); Ord. 13-2014 § 7; Ord. 15-2013 § 3; Ord. 13-2013 § 4 (Exh. B); Ord. 17-2013 § 3; Ord. 12-2011 § 3 (Exh. A); Ord. 7-2010 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 10.1.020). Formerly 23.1101.020].

23.1104.050 Sign definitions.

“A-frame sign” means a portable sign or advertising device which rests on the ground and is not permanently affixed to the ground or attached to a building.

“Abandoned sign” means any sign (1) which is located on a premises that has been vacated for a period of at least 90 days, (2) which displays no message for a period of at least 90 days, or (3) which no longer advertises or identifies an ongoing establishment, product, or service available on the premises where the display is located for a period of at least 90 days. Abandoned signs are regulated in RCMC 23.743.140 (Nonconforming and abandoned signs).

“Animated sign” means any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create visual motion or the appearance thereof.

“Area (of a sign)” means the measurable surface area of a sign, calculated as described in RCMC 23.743.090 (General development, maintenance, and removal provisions for all sign types).

“Awnings” means any roof-like structure extending over or in front of a place (i.e., over a patio or in front of a window or door).

“Balloon sign” means a flexible bag made of a material such as rubber, latex, polychloroprene, or a nylon fabric that is filled with a gas such as helium, hydrogen, nitrous oxide, or air. A balloon qualifies as a “sign” when it is larger than eight cubic feet in volume or is stationed at or above 10 feet above the ground.

“Banner” means any sign of lightweight fabric or similar material that is mounted to a building, fence, or wall at one or more edges. Flags shall not be considered banners (see “flag” definition).

“Billboard” means a sign which meets one or more of the following criteria (also see “off-site or off-premises sign”):

1. A permanent structure sign which is used for the display of off-site commercial messages;

2. A permanent structure sign which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located;

3. An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or in the same development as the sign), in exchange for a rent, fee, or other consideration; or

4. An off-site outdoor advertising sign on which space is leased or rented.

“Blade/bracket sign” means a small, pedestrian-oriented sign that projects perpendicular from a structure (bracket sign) or is hung beneath a canopy (blade sign; may also be referred to as a “projecting sign”).

“Building-attached sign” means a sign placed on a wall, awning, canopy, parapet, or a projecting sign. Also see “wall sign,” “canopy sign,” and “blade/bracket sign.”

“Building sign” means a sign placed on a wall, awning, canopy, or parapet, or a projecting sign.

“Canopy sign” means any sign that is part of or attached to an awning, canopy, or other material or structural protective cover over a door, entrance, window, or outdoor service area.

“Changeable copy sign” means a sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than once per day shall be considered an animated sign and not a changeable copy sign. Examples include, but are not limited to, gas station pricing, theater marquee signs.

“Channel letter sign” means a sign made up of individual letters that are independently mounted to a wall or other surface. The “air space” between the letters is not part of the sign structure but rather of the building facade. A logo may also be considered a channel letter provided it is clearly distinguishable from other sign elements.

“Commercial mascot” means a human or live animal used as a commercial advertising or signaling device. Sometimes called sign twirlers or sign clowns.

“Commercial message” means any sign wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity.

“Community interest group sign” means a sign identifying fraternal, benevolent, social services, and religious organizations and setting forth time, place, and location of meetings within the city.

“Construction sign” means a temporary sign located on a site where physical construction is occurring or is scheduled to begin in the near future.

“Development,” for the purposes of this chapter, shall mean a proposed or already-constructed building or group of buildings.

“Digital display area” means the portion of a digital freeway sign that consists of digital display area(s) used for general commercial advertising. See also “sign structure.”

“Digital freeway sign” means an off-site outdoor advertising sign with one or more digital display areas. A digital freeway sign may be internally or externally illuminated. Digital freeway signs are always considered off-site signs and are regulated as such.

“Directional sign, on-site” means a sign located on the same property as an establishment, primarily providing direction to guide vehicles and pedestrians to businesses, including but not limited to those signs identifying parking areas and circulation patterns.

“Directory sign” means a pedestrian-oriented sign that identifies or lists the names and locations of tenants at a multitenant site.

“Electronic message or graphic display sign” means a sign or portion of a sign that displays still, scrolling, moving or flashing text or graphic images with text, electronic, static images, static graphics or static pictures, with or without text information, generated by a number of small matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixelization or dissolve modes. Electronic graphic display signs include computer-programmable, microprocessor-controlled electronic or digital displays. An electronic message or graphic display sign could be used as a message delivery method for a monument sign or other freestanding sign, or billboard, subject to all applicable provisions and limitations in the code. Electronic message or graphic display signs may project text or images onto buildings or other objects. Digital freeway signs utilizing electronic messaging technology are subject to the standards and permit requirements in RCMC 23.743.150.

“Establishment” means any nonresidential use of land involving structures, as defined in the building code and the presence of human beings during normal hours of operation such as, but not limited to, businesses, schools, hospitals, hotels and motels, and offices and libraries.

“Exempt sign” means a sign which is not subject to zoning certification or temporary use permit.

“Face change” means a change in color, material, copy, graphics, or visual image that requires the installation of a new or modified sign face, but which does not involve any change to an existing sign structure or mounting device.

“Feather flag” means a temporary, on-site fabric sign installed on a temporary pole made of PVC or other flexible material and commonly used for the temporary promotion of a business, service, or other commercial activity on a specific nonresidential property.

“Flag” means any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning installed on a permanent pole with a permanent foundation.

“Flashing sign” means an illuminated sign that exhibits changes in light or color effect by blinking or any other such means so as to provide intermittent illumination.

“Freestanding sign” means a sign that is self-supporting in a fixed location and not attached to a building. Permanent freestanding signs are of three types: monument, pole, and pylon. Temporary freestanding signs, typically constructed of wood,

are subject to issuance of a temporary use permit as described in RCMC 23.743.070.

“Future tenant signs” means signs erected for the purpose of announcing the future occupancy of a new tenant, other than the current resident tenant.

“Garage, yard, estate, and other home-based sales” means the occasional nonbusiness public sale of secondhand household and other goods incidental to household uses by a person or persons from a residential use.

“Gas pricing signs” means signs identifying the brand, types, octane rating, etc., of gasoline for sale, as required by state law.

“Gateway entry sign” means a sign located at a major entrance into the city and regulated in RCMC 23.743.130.

“General advertising” means the business of advertising or promoting other businesses or causes using methods of advertising, in contrast to self-promotion or on-site advertising; also known as advertising for hire.

“Governmental/civic sign” means any temporary or permanent sign erected and maintained by or required by the city or the county, state, or federal government for the purpose of providing official governmental information to the general public, including but not limited to traffic direction, city entrance, or for designation of direction to any school, hospital, historical site, or public service, property or facility.

“Home occupation sign” means a sign located at a residence advertising a business or profession legally conducted in the residence.

“Iconic signage” means expressions of a business without the use of words or copy that thereby make maximum use of logos and graphics to represent the establishment.

“Illuminated sign” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. This includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. Excludes electronic message sign, which is separately defined.

“Incidental sign” means a sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, including but not limited to restrooms, phones, credit cards, or hours of business.

“Menu/order board sign” means a sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers.

“Monument sign” means a permanent on-site sign constructed upon a solid-appearing base or pedestal, whose exterior is constructed of stone, brick, or concrete, the total width of which is at least 50 percent of the overall height of the sign. See Figure 23.1104-11 (Monument Sign).

Figure 23.1104-11: Monument Sign

“Multivision sign” means any sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time of one or two or more images.

“Name plate” means a sign attached to a wall that identifies the occupant.

“Noncommercial sign” means a sign which displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern.

“Noncommunicative aspects” means those aspects of a sign which are not directly communicative, such as sign height, setback, illumination, spacing, density, etc.

“Nonconforming sign” means a sign lawfully erected and legally existing at the time of the effective date of an ordinance, but which does not conform to the provisions of this zoning code.

“Off-site or off-premises sign” means a sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same lot or parcel on which said sign is located. This definition shall include billboards, posters, panels, painted bulletins, and similar advertising displays. The off-site/on-site distinction applies only to commercial messages. Off-site signs meet any one of the following criteria:

1. A permanent structure sign which is used for the display of off-site commercial messages;

2. A permanent structure sign which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located;

3. An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign), in exchange for a rent, fee, or other consideration; or

4. An off-site outdoor advertising sign on which space is leased or rented.

“On-site or on-premises sign” means a sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. The off-site/on-site distinction applies only to commercial messages. In the case of multiple-tenant commercial or industrial developments, a sign is considered on site whenever it is located anywhere within the integrated development. In the case of a duly approved unified sign program, a sign anywhere within the area controlled by the program may be considered on site when placed at any location within the area controlled by the unified sign program.

“Pennant” means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.

“Pole sign” means an on-site freestanding sign, supported by a sign structure from the ground, which identifies businesses located on the same parcel or in the same integrated development on which the sign is located. Generally, pole signs are supported by one or more metal or wood posts, pipes, or other vertical supports. The support structure is not integrated into the overall design of the sign. See Figure 23.1104-12 (Pole Sign).

Figure 23.1104-12: Pole Sign

“Portable sign” means any advertising device defined as a sign that is not permanently attached to a building or to the ground. Portable signs include, but are not limited to, signs designed to be transported by means of wheels; signs configured as A-frame or T-frame; menu and sandwich board signs; and umbrellas used for advertising. Clothing or other aspects of personal appearance are not within this definition (see “commercial mascot”).

“Primary site frontage” is the longest frontage of a site that adjoins or fronts onto a public right-of-way.

“Projecting sign” means a sign that projects perpendicular from a structure (bracket sign) or is hung beneath a canopy (blade sign).

“Pylon sign” means an on-site freestanding sign of extensive height, supported by a sign structure from the ground, which identifies businesses located on the same parcel or in the same integrated development on which the sign is located. Pylon signs are designed such that the support structure and the sign face are designed as one architecturally unified and proportional element. See Figure 23.1104-13 (Pylon Sign).

Figure 23.1104-13: Pylon Sign

“Readerboard sign” means a sign on which copy is changed manually in the field or electronically, including but not limited to theater marquee signs, business directories, church and museum signs, and gas price signs.

“Real estate sign” means any sign, temporary in nature, the copy of which concerns a proposed economic transaction involving real property. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels and motels.

“Roof sign” means a sign installed on a roof or projecting above the eave of a building or mounted on an arcade or parapet.

“Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

“Sign” means any structure, part thereof, device, fixture, or placard or inscription which is located upon, attached to, or painted or represented on any land, or on the outside of any building or structure, or on an awning, canopy, marquee or similar appendage, or permanently affixed to the glass on the outside or inside of a window so as to be seen from the outside of the building, and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol, device, light, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry when such image is visible from any public right-of-way. Notwithstanding the generality of the foregoing, the following are not within this definition:

1. Architectural Features. Decorative or architectural features of buildings (not including lettering, trademarks, or moving parts).

2. Fireworks, Etc. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this chapter.

3. Gravestones and grave markers.

4. Manufacturers’ Marks. Marks on tangible products which identify the maker, seller, provider, or product and which customarily remain attached to the product even after sale.

5. Newsracks and newsstands.

6. Personal Appearance. Items or devices of personal apparel, decoration, or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots).

7. Symbols Embedded in Architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal. The definition also includes foundation stones and cornerstones.

“Sign structure” means the portion of a digital freeway sign other than the digital display area, including but not limited to supporting pole(s), display frame and all ancillary equipment and utilities installed on the sign site.

“Subdivision directional sign” means a temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the initial home sales of multiple lots with single or multiple builder(s) within a master planned community, including both single-family and multifamily for-sale products. All other home sales are included within the definition of “real estate sign.”

“Subdivision permanent identification sign” means a sign located at the entrance to the subdivision for the purpose of a permanent identification of the subdivision. Such signs are of a permanent nature, usually constructed of long-lasting, weather-resistant materials such as stone or metal.

“Subdivision sign” means a sign identifying the initial home sale and location of land and/or multiple lots with a single builder within an approved residential subdivision/master planned community, including both single-family and multifamily for-sale products.

“Temporary sign” means a sign not constructed or intended for long-term use. If a sign does not qualify as a “structure” under the building code, it is presumably a temporary sign, but subject to the interpretation of the planning director consistent with the interpretations policy in RCMC 23.743.020(B) (Interpretations). Types of temporary signs include building-attached banners, temporary freestanding signs, and portable signs.

“Three-dimensional object sign” means a sign that comprises a three-dimensional object that graphically or iconically brands an establishment or development. Such signs may be used as both building-attached or freestanding signs. See also “iconic sign.”

“Time/temperature sign” means an electronic or mechanical device that shows time and/or temperature but contains no business identification or advertising.

Under Canopy Sign. See “Blade/bracket sign.”

“Vehicle sign” means a sign that is attached to and is an integral part of a motorized vehicle or bicycle used directly for the purpose of a particular business and not used primarily as a sign base or for general advertising.

“Vehicle sign (large)” means any sign exceeding 10 square feet in area mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck, automobile or other form of motor vehicle so parked or placed so that the sign thereon is discernible from a public street or right-of-way as a means of communication and which by its location, size, and manner of display is reasonably calculated to exhibit commercial advertising, identifying an on-site business, or supplying directional information to an off-site business. A vehicle sign may be defined as a vehicle that functions primarily as a sign rather than as a transportation device as determined by consideration of any combination of the following factors:

1. The absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed;

2. The vehicle on which the sign is displayed is inoperable as defined by this city code;

3. The vehicle on which the sign is displayed is not parked in an identified parking space on the lot;

4. The vehicle on which the sign is displayed is not regularly used for transportation associated with the use it advertises;

5. The vehicle remains parked on the premises after normal business hours when customers and employees are not normally present on the premises and is not part of the business’s vehicle fleet;

6. The vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis.

“Video display sign” means a sign or portion of a sign that (1) changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and (2) depicts action or a special effect to imitate movement, the presentation of text or images displayed in a progression of frames which give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands or light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs may project text or images onto buildings or other objects.

“Wall sign” means a sign attached directly to an exterior wall of a building or dependent upon a building for support with the exposed face of the sign located in such a way as to be substantially parallel to such exterior building wall which it is attached to or supported by. While generally can signs and channel letter signs are a kind of wall sign, other types of wall signs include, but are not limited to, vinyl or plastic letters affixed directly to the building’s surface, text cut into sheet metal that is bolted to a wall, or other such signs.

“Weekend directional stake sign” means a sign, customarily displayed on the weekends, measuring less than nine square feet in area, mounted on a wooden stake, and identifying the location and name of an active new home sales location/subdivision.

“Wind sign” means a sign that spins or is otherwise propelled by the force of air moving across its face.

“Window sign” means a sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and intended for viewing from the exterior of such building. This definition does not include merchandise offered for sale on site when on display in a window. [Ord. 4-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2014 § 3 (Exh. C); Ord. 16-2012 § 3 (Exh. A); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.15.030)].

23.1104.060 Telecommunications definitions.

“Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure or is portable or moveable. Antennas shall include devices having active elements extending in any direction and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

“Antenna, amateur radio” means any antenna which is used for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission.

“Antenna, building-mounted” means any antenna directly attached or affixed to a building, tank, tower, or other structure. Building-mounted antennas are identified in two distinct categories herein as follows:

1. “Wall-mounted” means attached or affixed to the elevation of the structure.

2. “Roof-mounted” means attached or affixed to the rooftop or top of the structure.

“Antenna, directional” (also known as a “panel antenna”) means an antenna that transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.

“Antenna, ground-mounted” means any antenna with its base (either single or multiple posts) placed directly on the ground or a mast 12 feet or less in height and six inches in diameter.

“Antenna, parabolic” (also known as a “satellite dish antenna”) means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern from orbiting satellites or ground transmitters. This definition is meant to include what are commonly referred to as television receive only (TVRO) and satellite microwave antennas.

“Collocation” means a wireless communication facility owned and operated by a communication service provider which is located on the same tower, building, accessory structure, or property as another communication facility owned or operated by a different communication service provider.

“Communication substation” means a telephone switching station or similar facility used to route telecommunication signals from their origin to their destination. Wireless communication facilities (e.g., cellular towers) are included in the use listing “telecommunication facility” and are regulated in RCMC 23.907.020 (Telecommunication facilities).

“Direct broadcast satellite (DBS) service” means a system in which signals are transmitted directly from a satellite to a small home receiving dish.

“Electromagnetic” means an electrical wave propagated by an electrostatic and magnetic field of varying intensity.

“NIER” means non-ionizing electromagnetic radiation (e.g., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).

“Related equipment” means all equipment ancillary to the transmission and reception of voice and data by means of radio frequencies. Such equipment may include cables, conduits, connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.

“Satellite earth station” means a facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite.

“Tower” means a mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. This definition includes ground-mounted structures 12 feet or greater in height and building-mounted structures that extend above the roofline, parapet wall, or other roof screen with a mast greater than six inches in diameter supporting one or more antennas, dishes, arrays, or other associated equipment.

“Wireless communication facility” means a facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development. [Ord. 4-2017 § 3 (Exh. B)].

23.1104.070 Sexually oriented business definitions.

“Adult bookstore” means a building or portion thereof used by an establishment under either of the following circumstances:

1. Where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of books, magazines, or other publications, is devoted to the sale of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in this section, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or

2. Where 25 percent or more of the total number of books, magazines, or other publications offered for sale to the public consist of books, magazines, or other publications which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in this section, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18.

“Adult live theater” means a building or portion thereof or an area, open or enclosed, which regularly features live performances distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in this section or specified anatomical areas as defined in this section for observation by patrons or customers.

“Adult motion picture theater” means a building or portion thereof or an area, open or enclosed, which regularly features motion pictures distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities as defined in this section or specified anatomical areas as defined in this section.

“Adult uses,” as used in this zoning code, shall mean sexually oriented businesses.

“Adult video store” means a building or portion thereof used by an establishment under either of the following circumstances:

1. Where 25 percent or more of the floor space of the area of the building open to the public, and actually used for the display of videos (tapes, DVDs, etc.) is devoted to the sale or rental of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in this section, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18; or

2. Where 25 percent or more of the total number of videos offered for sale or rental to the public consist of videos which are distinguished or characterized by their emphasis on matters explicitly depicting, describing, or relating to specified sexual activities as defined in this section, and which, because of their sexually explicit nature, may, pursuant to state law or county regulatory authority, be offered only to persons over the age of 18.

“Sexually oriented business,” as used in this zoning code, is an adult bookstore, an adult video store, an adult motion picture theater, or a live adult theater, or any establishment that consists of any combination of such uses.

“Specified anatomical areas” means:

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

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

“Specified sexual activities” means:

1. Display or manipulation of human genitals in a state of sexual stimulation or arousal;

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

3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast. [Ord. 4-2017 § 3 (Exh. B)].

23.1104.080 Housing incentives and density bonus definitions.

“Affordable rent” means monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low or lower income households, not exceeding the following calculations:

1. Very low income: 50 percent of HUD determined area median income for Sacramento County, adjusted for household size, multiplied by 30 percent and divided by 12.

2. Lower income: 80 percent of the HUD determined area median income for Sacramento County, adjusted for household size, multiplied by 30 percent and divided by 12.

“Affordable sales price” means a sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the development.

“Density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable zoning district and the land use element of the General Plan.

“Density bonus housing agreement” means a legally binding agreement between a developer and the city to ensure that the requirements of this chapter are satisfied.

“Density bonus units” means those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum residential density for the development site.

“Equivalent financial incentive” means a monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:

1. A density bonus and an incentive(s); or

2. A density bonus, where an incentive(s) is not requested or is determined to be unnecessary.

“Housing cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. Adjustments should be made as necessary for down payment assistance.

“Incentive and concession” means such regulatory concessions as specified in subdivision (I) of Government Code Section 65915 which include, but are not limited to, the following:

1. The reduction of site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable financially sufficient and actual cost reductions;

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located;

3. Direct financial assistance; and/or

4. Other regulatory incentives or concessions which result in identifiable cost reductions or avoidance.

“Lower income household” means a household whose income does not exceed the lower income limits applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50079.5.

“Moderate income household” means a household whose income does not exceed the moderate income limits applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

“Nonrestricted unit” means all units within a housing development excluding the target units.

“Persons and families of moderate income” shall mean households whose income does not exceed the moderate limits applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code.

“Qualifying housing development” is a housing development where the applicant or developer of the housing development agrees to provide one or more of the following:

1. At least 10 percent of the total units of the housing development as target units affordable to lower income households;

2. At least five percent of the total units of the housing development as target units affordable to very low income households;

3. At least 10 percent of the total dwelling units in a common interest development project (as defined by subsection (f) of Section 1351 of the California Civil Code) or in a planned development (as defined in subsection (k) of Section 1351 of the California Civil Code) for persons of moderate income; or

4. Senior citizen housing.

“Qualifying senior resident” means senior citizens or other persons eligible to reside in a senior citizen housing development.

“Senior citizen housing development” means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units and complies with the requirements of California Civil Code Section 51.3.

“Special needs population” means persons identified as having special needs related to any of the following:

1. Mental health;

2. Physical disabilities;

3. Developmental disabilities, including, but not limited to, mental retardation, cerebral palsy, epilepsy, and autism;

4. The risk of homelessness; or

5. Persons eligible for mental health services funded in whole or in part by the mental health services fund, created by Section 5890 of the Welfare and Institutions Code.

“Target unit” means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low or lower income households or qualifying senior residents.

“Very low income household” means a household whose income does not exceed the very low income limits applicable to Sacramento County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 4.4.020)].

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Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 11 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.