Chapter 82-4 — DEFINITIONS

The definitions in this article and certain other sections of Divisions 82 and 84 govern the construction of Title 8, unless the context otherwise requires.

(Ords. 79-7 § 5, 1781, 1760, 1759, 1569, 1469: prior code § 8102: Ords. 1269, 1264, 1224, 939, 933, 382).

Unless the natural construction of the word indicates otherwise, the present tense includes the future and the plural number the singular.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(a): Ords. 1269, 1264, 1224, 939, 933, 382).

"Agriculture" means the tilling of soil, the raising of crops, horticulture, dairying, and the raising and managing of livestock, including all uses customarily incident but not including slaughterhouses, fertilizer yards, bone yards, plants for the reduction of animal matter, or any other industrial use which may be objectionable because of odor, smoke, dust, or fumes.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(d): Ords. 1269, 1264, 1224, 939, 933, 382).

"Apartment unit" means a separate suite, including kitchen facilities, designed for and occupied as the home, residence, or sleeping place of one or more persons living as a single housekeeping unit.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(cc): Ords. 1269, 1264, 1224, 939, 933, 382).

"Aviary" means a coop, cote, pen, cage, or other similar enclosure, used to house one or more birds (including pigeons) other than poultry.

(Ord. 77-51 § 1).

82-4.210 - Building.

"Building" means any structure with a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(f): Ords. 1269, 1264, 1224, 939, 933, 382).

"Accessory building" is a building the use and size of which is subordinate and incidental to that of a main building on the same lot. In addition, no accessory building shall exceed:

(1)

Five hundred square feet of floor area coverage on lots less than twenty thousand square feet in area and six hundred square feet of floor area coverage on lots greater than twenty thousand square feet in area;

(2)

Fifteen feet in height.

(Ords. 96-4 § 1, 1781, 1760, 1759, 1569, 1469: prior code § 8102(g): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.214 - Building height.

"Building height" means the vertical distance measured from grade to the top of structure directly above with exceptions noted elsewhere in the code. Height may be measured from finished grade when such grade is below natural grade. Height shall be measured from natural grade when the finished grade is higher than natural grade.

(Ords. 96-4 § 2, 1781, 1760, 1759, 1569, 1469: prior code § 8102(pp): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.216 - Business, retail.

"Retail business" means the sale, barter, and exchange of retail goods, wares, merchandise, services, or other personal or real property or any interest in them for profit or livelihood.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(r): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.218 - Cemetery.

"Cemetery" means land which is used or dedicated for any one, or a combination of more than one, of the following land uses:

(1)

A burial park for earth interments;

(2)

A mausoleum for crypt or vault interments;

(3)

A columbarium for cinerary interments.

(Ords. 1781, 1760, 1759, 1569, 1513, 1469: prior code § 8102(mm): Ords. 1269, 1264, 1224, 939, 933, 382).

(a)

"Kennel" means any lot, building, structure, enclosure, or premises where one or more dogs or cats are kept or maintained for commercial purposes, excluding places where veterinarians board animals for

medical care only; or where over twenty dogs or over twenty cats over the age of six months are owned or kept;

(b)

Whenever "commercial dog kennel" is used in Title 8 of this ordinance code, it refers to "kennel" as defined in this section.

(Ords. 80-98 § 2, 1781, 1760, 1759, 1569, 1469: prior code § 8102(kk): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.221 - Contractor's yard.

"Contractor's yard," including corporation yard, public utility yard or general service yard, means buildings and premises used for the storage and maintenance of equipment and materials involved in construction, installation, maintenance, and/or landscaping, on other property.

(Ord. 76-36 § 1).

82-4.222 - County boundary.

"County boundary" means the boundary of this county and the boundary of any incorporated municipality within this county.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(c): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.224 - Court.

"Court" means an open space, other than a yard, on the same lot with a building or buildings, which is unoccupied and unobstructed from the ground upward.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(ee): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.226 - Court, inner.

"Inner court" means a court enclosed either in whole or part on all sides by buildings.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(gg): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.228 - Court, outer.

"Outer court" means a court which extends to a street line or extends to or opens on a front, side, or rear yard.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(ff): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.230 - District.

"District" is a portion of the unincorporated territory of the county within which certain uses of land, buildings, and structures are permitted; certain other uses of land, buildings, and structures are not

permitted; portions of certain yards and other open spaces are required, and certain minimum lot areas and maximum heights are established for buildings and structures, under the regulations of Divisions 82 and 84.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(h): Ords. 1269, 1264, 1224, 939, 933, 382).

"Dog fancier" is a person owning, maintaining or keeping four or more dogs over the age of six months:

(1)

As pets;

(2)

For showing in recognized dog shows, field trials or obedience trials;

(3)

For working and hunting; or

(4)

For improving the variety of breed in temperament or conformation with a view to exhibition in shows or trials or for use as working dogs in hunting.

(Ords. 92-25 §2, 1781, 1760, 1759, 1744, 1569, 1469: prior code § 8102(ll): Ords. 1269, 1264, 1224, 939, 933, 382).

"Duplex" means a detached building or part of it, designed for occupation as the residence of two families living independently of each other.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(j): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.236 - Family.

"Family" means an:

(1)

Individual; or

(2)

Two or more persons related by blood, marriage, or legal adoption; or

(3)

A group of not more than five persons, excluding servants, who are not related by blood, marriage or legal adoption, living together as a single nonprofit housekeeping unit in a dwelling unit as distinguished from a

hotel, club, fraternity or sorority house, dormitory or boardinghouse. A "family" includes necessary servants.

(Ords. 68-25 § 1, 1781, 1760, 1759, 1569, 1469: prior code § 8102(1): Ords. 1269, 1264, 1224, 939, 933, 382).

Editor's note— Ord. of 2018-06, § III, adopted May 1, 2018, repealed § 82-4.238 in its entirety. Former § 82-4.238 pertained to "Farming, small," and was derived from Ord. No. 1781; Ord. No. 1760; Ord. No. 1759; Ord. No. 1569; Ord. No. 1469; prior code § 8102(s); Ord. No. 1269; Ord. No. 1264; Ord. No. 1224; Ord. No. 939; Ord. No. 933 and Ord. No. 382.

Editor's note— Ord. No. 2013-12, § III, adopted April 16, 2013, repealed § 82-4.240, which pertained to the definition of home occupation and derived from Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(m): Ords. 1269, 1264, 1224, 939, 933, and 382.

"Hotel" means a building or part of it containing six or more guest rooms designed, intended to be used, or used by six or more persons for money, goods, services, or other compensation. Excepted are buildings where occupants are housed or detained under legal restraint, buildings for the refuge, maintenance, or education of needy, aged, infirm, or young persons, and buildings where patients or injured persons receive medical or surgical treatment.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(n): Ords. 1269, 1264, 1224, 939, 933, 382).

(a)

Defined. "Lot" means a piece, parcel, tract, or division of land, including one delineated or described as a single integral unit on a subdivision map, and two or more considered as one pursuant to Section 8210.002(c).

(b)

Lawful Lot. To qualify as a building site, a lot shall have the minimum dimensions required therefor by Divisions 82 and 84 for the district where it is situated.

(c)

Right-of-Way Excluded. No part, nor all, of a lot within a public road, street, highway, right-of-way, or easement, for vehicles or pedestrians, existing or proposed, shall be used to satisfy minimum area, yard, dimensional or coverage requirements.

(d)

For lots less than forty thousand square feet in size on private roads, for purposes of measuring primary and secondary front yard setbacks, such setbacks shall be measured from the edge of the easement line of the private road abutting such lot or, if there is no recorded easement, then, from the abutting edge of such private road established by use.

(Ords. 99-12 § 2: 79-69 § 1, 71-99 § 3, 1469: prior code § 8102(o): Ords. 939, 932 § 2, 382 § 2[14]: see §§ 92-4.046, 92-4.062).

82-4.246 - Lot, average width.

"Average width of a lot" is the total area of the lot divided by the depth of the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(bb): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.248 - Lot depth.

"Depth of a lot" is the distance normal to the frontage to the point of the lot farthest from the frontage.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(z): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.250 - Lot frontage.

"Frontage" of a lot is the distance measured between the two points on the principal road, street, or access that are farthest apart.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(aa): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.252 - Motel.

"Motel" means detached or attached dwelling units providing automobile storage space for each dwelling unit and providing transient living accommodations primarily for automobile travelers.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(ii): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.254 - Multiple family building.

"Multiple family building" is a detached building designed and used exclusively as a dwelling by three or more families occupying separate suites or apartments.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(k): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.256 - Multiple family building group.

"Multiple family building group" means two or more detached single-family buildings, duplexes, or multiple family buildings occupying a parcel of land in one ownership, with common yards.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(hh): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.258 - One-family dwelling.

"One-family dwelling" means a detached building or part of it, designed for occupation as the residence of one family.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(i): Ords. 1269, 1264, 1224, 939, 933, 382).

"Right-of-way," also referred to as a "public right-of-way," means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.

(Ord. No. 2022-03, § IV, 5-24-22; Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(qq): Ords. 1269, 1264, 1224, 939, 933, 382).

"Sign" means any structure, display, device, or graphic on or attached to any land, building, or structure, that communicates or intends to communicate any message, or that advertises or promotes any business, product, activity, person, or interest. (Ord No. 2022-03, § V, 5-24-22; Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(qq): Ords. 1269, 1264, 1224, 939, 933, 382.)

"Sign structure" means any structure the primary purpose of which is to support a sign.

(Ord. No. 2022-03, § VI, 5-24-22; Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(rr): Ords. 1269, 1264, 1224, 939, 933, 382.)

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade at any point, such basement or cellar shall be considered a story.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(nn): Ords. 1269, 1264, 1224, 939, 933, 382).

"Half story" means that portion of a building under a gable, hip or gambrel roof, the top wall plat of which on at least two opposite exterior walls are not more than three feet above the floor of such building portion.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(oo): Ords. 1269, 1264, 1224, 939, 933, 382).

"Structure" means anything constructed or erected on and permanently attached to land, except:

(1)

Buildings defined in Section 82-4.210;

(2)

Fences with a maximum height of seven feet, or retaining walls with a maximum height of three feet, or any combination thereof not over seven feet high;

(3)

Sidewalks, gateways, pipes, meters, meter boxes, manholes, and mailboxes; and

(4)

Poles, wires, pipes and other devices, and their appurtenant parts, for the transmission or transportation of electricity and gas for light, heat or power, or of telephone and telegraphic messages, or of water.

(Ord. No. 2018-15, § II, 6-26-18; Ord. 74-22: prior code § 8102(t): Ord. 382 § 2(18)).

"Suburban apartment building" means a detached building designed and used exclusively for dwelling purposes by families occupying separate suites or apartment units, but not more than six suites or apartment units shall be contained in one detached building.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(dd): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.274 - Suburban apartment building group.

"Suburban apartment building group" means two or more detached single-family buildings, duplexes, or suburban apartment buildings occupying a parcel of land in one ownership, with common yards.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(jj): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.276 - Transit-mix plant.

"Transit-mix plant" means a use of land and equipment incidental to the erection, maintenance, and use of plants, including fixtures and machinery, for the handling, sorting, shipment, transshipment, storage, mixing, and grading of building materials, including sand, gravel, and cement but not including hot tar, asphalt, or other similar bitumens. A "transit-mix plant" includes buildings, structures, bins, chutes, bunkers, silos, hoists, elevators, hoppers or conveyors designed, intended for and used in the preparation of concrete ready-mix for shipment in trucks and transit-mixers from the premises.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(y): Ords. 1269, 1264, 1224, 939, 933, 382).

"Accessory use" means a use incidental and accessory to the principal use of a lot, or a use accessory to the principal use of a building located on the same lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(e): Ords. 1269, 1264, 1224, 939, 933, 382).

"Nonconforming use" means a use of land, building or structure on land that does not conform to Divisions 82 and 84 for the district in which it is situated.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(p): Ords. 1269, 1264, 1224, 939, 933, 382).

"Yard" means an open space other than a court, on the same lot with the building, which open space is occupied from the ground upward to the sky, except as otherwise provided in Divisions 82 and 84. In determining the dimensions of a yard as provided in Divisions 82 and 84, the "line of the building" means a line drawn parallel to the nearest lot line through the point of a building which is the nearest building to the lot line, without regard to parts of the building designated in Divisions 82 and 84 as parts not to be considered in measuring yard dimensions.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(u): Ords. 1269, 1264, 1224, 939, 933, 382).

"Front yard" means an open area extending across the front of a lot, measured toward the rear of the lot to the nearest line of any building on it. If any setback is established by Divisions 82 and 84 for a lot, the area between the setback line and the boundary line that determines the position of the setback line shall constitute the front yard of the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(v): Ords. 1269, 1264, 1224, 939, 933, 382).

82-4.286 - Yard, rear.

"Rear yard" means an open area extending across the rear of a lot, measured from the rear line toward the front to the nearest line of any building on the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(w): Ords. 1269, 1264, 1224, 939, 933, 382).

"Side yard" means an open area between each line of a lot and the nearest line of any building on the lot and extending from the front line to the rear line of the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(x): Ords. 1269, 1264, 1224, 939, 933, 382).

"Basement" means any area in a building or structure where the finished floor directly above the area is less than six feet above preconstruction grade or finished grade, whichever is lower.

(Ord. 2004-46 § 3).

82-4.292 - Reserved.

Editor's note— Ord. No. 2017-26, § IV, adopted October 24, 2017 repealed § 82-4.292 in its entirety. Former § 82-4.292 pertained to "Medical marijuana dispensary," and was derived from Ord. No. 2008-05 § 3.

"Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or when erected on-site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., section 5401 et seq.). "Manufactured home" includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974.

(Ord. No. 2009-12, § V, 5-19-09)

"Mobile home" means a structure transportable in one or more sections, designed and equipped for human habitation and to be used with or without a foundation system. For purposes of this code, the term "mobile home" includes a manufactured home but does not include a recreational vehicle.

(Ord. No. 2009-12, § VI, 5-19-09)

82-4.298 - Recreational vehicle.

"Recreational vehicle" means either of the following:

(a)

A motor home, travel trailer, truck camper, camp car, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:

(1)

It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

(2)

It contains four hundred square feet or less of gross area measured at maximum horizontal projections.

(3)

It is built on a single chassis.

(4)

It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

(b)

A park trailer, as defined in Health and Safety Code section 18009.3.

(Ord. No. 2009-12, § VII, 5-19-09)

"Travel trailer" means a vehicle, other than a motor vehicle, that is designed for human habitation and for travel or recreational purposes, which does not at any time exceed eight feet in width and forty feet in length and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the California Vehicle Code.

(Ord. No. 2009-12, § VIII, 5-19-09)

"Vessel" means every description of watercraft used or capable of being used as a means of transportation on water, including, but not limited to, a boat, motorboat, rowboat, sailboat, canoe, kayak, personal watercraft, recreational vessel, or a similar conveyance.

(Ord. No. 2009-12, § IX, 5-19-09)

"Vessel trailer" means a vehicle designed for carrying a vessel or vessels on its structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

(Ord. No. 2009-12, § X, 5-19-09)

82-4.316 - Emergency shelter.

"Emergency shelter" has the same meaning set forth in Health and Safety Code section 50801, subdivision (e).

(Ord. No. 2014-11, § II, 11-4-14)

"Single room occupancy" or "SRO" means housing consisting of single-room dwelling units that serve as the primary residences of those units' occupants.

(Ord. No. 2014-11, § III, 11-4-14)

82-4.320 - Poultry.

"Poultry" means one or more domesticated birds or roosters customarily kept for the production of eggs or meat for commercial use.

(Ord. No. 2018-06, § XVI, 5-1-18)

"Rooster" means any male chicken that:

(1)

Is six months or older,

(2)

Has full adult plumage, or

(3)

Is capable of crowing.

(Ord. No. 2018-06, § XVII, 5-1-18)

82-4.324 - Supportive housing.

"Supportive housing" has the meaning set forth in Government Code section 65582.

(Ord. No. 2017-14, § III, 9-19-17)

Editor's note— Ord. No. 2017-14, § III, adopted September 19, 2017, set out provisions for use herein as § 82-4.316. Inasmuch as a § 82-4.316 already existed at the time of codification, those provisions have been included as § 82-4.324, to read as set out herein.

"Transitional housing" has the meaning set forth in Government Code section 65582.

(Ord. No. 2017-14, § IV, 9-19-17)

Editor's note— Ord. No. 2017-14, § III, adopted September 19, 2017, set out provisions for use herein as § 82-4.318. Inasmuch as a § 82-4.318 already existed at the time of codification, those provisions have been included as § 82-4.326, to read as set out herein.

Article 82-4.4. - Map Symbols

82-4.402 - Synonymous symbols and phrases.

(a)

"Single-family residential district" is synonymous with "single-family residential district-6," and map symbol "R-1" is synonymous with "R-6."

(b)

"Single-family residential district" is synonymous with "single-family residential district-7," and map symbol "R-1-A" is synonymous with "R-7."

(c)

"Residential suburban district" is synonymous with "single-family residential district-10," and map symbol "R-S" is synonymous with "R-10."

(d)

"Single-family residential district-B" is synonymous with "single-family residential district-15," and map symbol "R-1-B," is synonymous with "R-15."

(e)

"Suburban district" is synonymous with "single-family residential district-40," and map symbol "S" is synonymous with "R-40."

(f)

"Small farms district" is synonymous with "light agricultural district," and map symbol "S-F" is synonymous with "A-1."

(g)

"General agricultural district" is synonymous with "agricultural district," and map symbol "A" is synonymous with "A-2."

(h)

Map symbol "R-2" is synonymous with "D-1."

(i)

"Transition residential agricultural district" is synonymous with "single-family residential district," and map symbol "R-A" is synonymous with "R-20," and all such property shall be regulated by Chapter 84-14.

(j)

"Recreational residential district" is synonymous with "water recreational district" and map symbol "R-R" is synonymous with map symbol "F-1."

(k)

The map symbols for the multiple residential districts are changed to conform with "M-4" as used in Chapter 84.30, as follows: "M-R" is changed to "M-1," "M-R-A" is changed to "M-2," and "M-R-B" is changed to "M-3."

(Ords. 72-44 § 2, 68-30 § 2, 67-38 § 2, 2032 § 1, 1966, 1762: prior code § 8103: Ords. 1406, 1179).

Chapter 82-6 - LAND USE PERMITS[[1]]

Footnotes:

--- ( 1 ) ---

Cross reference— For uses requiring land use permits for specific land use districts, see Chapters 84-4 ff., this code.

A qualified applicant may apply for a land use permit to apply to land in any land use district established in Division 84, for one or more of the uses for which land use permits may be granted in the district. A "qualified applicant" is any person having a freehold interest in land, a possessory interest entitling the person to exclusive possession, or a contractual interest which may become a freehold or exclusive possessory interest and is specifically enforceable. An application shall be filed with the planning department.

A modification or variance in the requirements of lot area, side yards, height, or setback necessary to the consideration of a tentative map of a subdivision shall be considered and granted or denied as an exception, under Title 9; notice of the hearing of the exception shall be given as for notice of the hearing on an application for a land use permit.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 8106(a): Ord. 1268: Ord. 918).

The board of adjustment shall administer land use permits.

(Prior code § 8106(b): Ord. 1268: Ord. 918).

The planning commission shall administer modification or variance in lot area, side yard, height, or setback necessary to the consideration of the tentative map of a subdivision.

(Prior code § 8106(c): Ord. 1268: Ord. 918).

A junkyard, as defined in Section 88-4.206, may be established, on the issuance of a land use permit, in any of the following land use districts: C general commercial district, L-I light industrial district, H-I heavy industrial district, and U unrestricted districts.

(Prior code § 8106(d): Ord. 1268: Ord. 918).

Chapter 82-8 - NONCONFORMING USES

82-8.002 - Defined.

Any lawful use of land or buildings existing at the time Divisions 82 and 84 becomes effective, which use does not conform to the provisions of Divisions 82 and 84, shall be a nonconforming use and shall not be in violation of Divisions 82 and 84 until the use is discontinued or ceases for any reason.

(Prior code § 8107(a): Ord. 431).

If any building or structure constituting a nonconforming use is destroyed or damage by fire, explosion, act of God or the public enemy, or other accident or catastrophe, after the effective date of Divisions 82 and 84, or if an existing use of land is temporarily terminated for any of these reasons, the building or structure may not be repaired or rebuilt if damaged in excess of fifty percent of its reasonable market value at the time of destruction or damage. Any existing nonconforming use of land which is interrupted by any of these causes may lawfully be resumed within six months of the interruption.

(Prior code § 8107(b): Ord. 431).

An existing nonconforming use may be extended or enlarged if the owner first obtains a land use permit.

(Prior code § 8107(c): Ord. 431).

Chapter 82-10 - LOTS*

82-10.002 - Division and consolidation.

(a)

Conveyance and Division Restriction. No person shall divide or convey a lot or portion thereof, if this results in one or more lots violating the width, yard, or setback requirements of Divisions 82 and 84, unless a variance has been granted in accordance with county ordinance code variance provisions.

(b)

Land Satisfying Requirements. Land used to satisfy the area, width, yard, or setback requirements for one dwelling unit cannot satisfy those requirements for another unit.

(c)

Small Lot Occupancy. Any lot of less area or width than required by Divisions 82 and 84 may be occupied by a single-family dwelling and its accessory buildings if: (1) the yard and setback requirements of Divisions 82 and 84 are met, or a variance has been granted for yard and setback requirements, and (2) the lot is delineated on a recorded subdivision map, or at the time of the creation of the lot (as evidenced by recording date) or at any time since, the lot was consistent in width and area with the applicable zoning district or the lot was created prior to the application of zoning in its location. If a small lot qualifies for occupancy by a single-family dwelling, then a building permit can issue unless the zoning administrator determines that the proposed dwelling appears not to be compatible with the surrounding neighborhood. If the zoning administrator makes that determination, the zoning administrator may, but is not required to,

schedule a public hearing to review the proposed dwelling's compatibility with and impact on the surrounding neighborhood, in terms of its location, size, height and design. If a public hearing is scheduled, the notice provisions of Section 26-2.2004 shall apply. After such determination, at the conclusion of the hearing, or if no hearing is held, the zoning administrator may deny, approve or conditionally approve the proposed dwelling in order to provide neighborhood compatibility.

(Ords. 95-51 § 2, 92-44 § 2, 79-69 § 2: prior code § 8108: Ords. 1371, 1206, 933 § 1, 382, § 9 [2]: see § 824.244).

If part of a lot or parcel of land having not less than the required area for its land use district is acquired for public use in any manner, including dedication, condemnation, or purchase, and if the remainder of the lot or parcel has not less than eighty percent of the area required for its land use district, the remainder shall be considered as having the required area, but setback, side yard, and rear yard requirements shall be met. If a lot or parcel of land has an authorized nonconforming status as to area under any county ordinance, the parcel shall retain its nonconforming status if the acquisition for public use does not reduce the remainder below eighty percent of the existing nonconforming area. The setback, side yard, and rear yard requirements of the land use district shall be met, except for buildings or structures in existence at the time of public acquisition.

(Prior code § 8109: Ord. 1054).

When any district boundary line divides a lot or parcel of land owned of record as one unit at the time Division 82 and 84 become effective, the regulations applicable to that part of the land lying within the least restricted district shall apply for thirty feet on the land beyond the district boundary.

(Prior code § 8110: Ord. 382).

Chapter 82-12 - SETBACKS[[2]]

Article 82-12.2. Requirements

Footnotes:

--- ( 2 ) ---

Cross reference— For setback (front yard) provisions for specific land use districts, see Chapters 84-4 ff., this Code.

On a corner lot the setback requirements applicable to the district in which the lot is located shall apply to all state highway, public road, and street frontages of the lot. The setback lines established by Divisions 82 and 84 shall apply wherever any boundary line of a lot or parcel of land is common with the boundary line of any state highway, public road, or street.

(Prior code § 8113: Ord. 382).

Article 82-12.4. Highway

(a)

Prohibition. No building or structure (other than excepted structures as herein defined) shall hereafter be erected, constructed, or placed on any land in the unincorporated area of this county between the highway setback lines hereby established and the common boundary line of the land and any state highway or public road in this county. The highway setback lines shall be lines parallel to the boundary lines of highways and public roads. In determining the location of highway setback lines the distance from the boundary of the state highway or public road to the setback line shall be measured inward on the land, at right angles to the boundary lines. The setback line on lands bounded on one or more sides by a state highway shall be five feet inward from each boundary line. The setback line on land bounded on one or more sides by a public road other than a state highway shall be ten feet inward from each boundary line.

(b)

Exception. The prohibition in this subsection (a) shall not apply to a bus shelter erected or placed in accordance with an encroachment permit issued pursuant to Chapter 1002-2 of this code.

(Ord. 93-30 § 2, 1993: prior code § 8111(a): Ord. 382).

Variance permits to modify the provisions of Section 82-12.402 may be granted in accordance with Chapter 26-2.

(Ord. No. 2018-15, § IV, 6-26-18; Prior code § 8111(b): Ord. 382).

82-12.406 - Signs.

(a)

Prohibition. Except as otherwise provided in this section, no sign or sign structure may be constructed or maintained between the highway setback lines and the boundary line of any state highway or public road.

(b)

Exception. The prohibition in subsection (a) of this section does not apply to a sign or a sign structure constructed or placed in accordance with a sign permit issued under Chapter 88-6 of this code and an encroachment permit issued under Chapter 1002-2 of this code.

(Ord. No. 2022-03, § VII, 5-24-22; 93-30 § 3: prior code § 8111(c): Ord. 382.)

Chapter 82-14 - YARDS*

Every part of a required yard area shall be open and unobstructed to the sky, except that fire escapes, open stairways, chimneys, and the ordinary projections of sills, belt-courses, cornices, eaves, and ornamental features which do not obstruct the light and ventilation on any adjoining parcel of land shall not constitute obstruction nor violate required yard regulations.

(Prior code § 8115: Ord. 382).

Notwithstanding any other provisions of Divisions 82 and 84, side yards shall be permitted in any suburban district, transition residential-agricultural district, residential suburban district, single-family residential district, multiple family residential district, multiple family residential district-A, recreational residential district, and forestry recreational district, according to the following table for any lot or parcel of land which was established by records in the office of the recorder before the effective date of Divisions 82 and 84 for the area or district in which the lot or parcel of land is situated:

(Prior code § 8116).

An accessory building or accessory use may occupy not more than thirty percent of a required rear yard.

(Prior code § 8117: Ord. 382).

In all single-family residential districts (map symbol R-1), multiple family residential districts (map symbol M-R), multiple family residential districts-A (map symbol M-R-A), residential suburban districts (map symbol R-S), transition residential-agriculture districts (map symbol R-A), and suburban districts (map symbol S), there shall be a rear yard of not less than five feet wherever the rear yard of a lot or parcel of land abuts on a side yard.

(Prior code § 8118).

Chapter 82-16 - OFF-STREET PARKING[[3]]

Article 82-16.2. General

Article 82-16.4. Requirements

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 2012-12, § II, adopted Oct. 16, 2012, amended Chapter 82-16 in its entirety to read as herein set out. Former Chapter 82-16, §§ 82-16.002—82-16.024, pertained to similar subject matter and derived from Ord. 2031 § 1(part), 1966, prior code § 8119(part), Ord. 1027, and Ord. 82-3, § 1.

The purpose of this chapter is to provide a unified set of standards for off-street vehicle and bicycle parking to meet the needs of persons employed at, or making use of, each land use during peak hours of parking needs. This chapter is intended to encourage the use of features, design strategies, materials, products, and best construction practices that preserve natural resources, conserve water and energy, and maximize energy efficiency in the design of parking facilities. This chapter also is intended to balance the needs of pedestrians, vehicles, bicycles, and public transportation.

(Ord. No. 2012-12, § II, 10-16-12)

For the purposes of this chapter, the following terms have the following definitions:

(a)

"Angle of parking" refers to the angle of the parking space in relation to the curb fronting the parking space. A parking space with an angle of parking of zero degrees is parallel to the curb, and a parking space with an angle of parking of ninety degrees is perpendicular to the curb.

(b)

"Driveway aisle" means the paved area within an off-street parking area that is used by vehicles to circulate within the parking area and access parking spaces.

(c)

"Electric vehicle" or "EV" means a vehicle that is powered entirely or partially by electricity stored in batteries that must be recharged.

(d)

"EV charging equipment" means permanently placed equipment and other components designed specifically to charge batteries of electric vehicles.

(e)

"EV charging space" means a parking space that is located adjacent to EV charging equipment that can be used to charge an electric vehicle parking within that space.

(f)

"Exclusive parking facility" means an off-street parking area that is restricted to use by specific persons during limited hours, or under limited circumstances. An exclusive parking facility includes: a parking area restricted for use by only patrons, visitors, and employees of a building or facility; and a parking area restricted for use by users and employees of a public transit service. An exclusive parking facility may be, but is not required to be, access-controlled, or available upon payment of a fee.

(g)

"Long-term bicycle parking" means a covered, access-controlled enclosure or access-controlled room that includes permanently-anchored bicycle racks, or lockable individual bicycle lockers, and that securely encloses one standard adult size 18-to-21-speed bicycle per locker.

(h)

"Off-street parking area" or "parking area" means a paved area, other than a public street or public right-ofway that is permanently reserved for the parking of motor vehicles and, where provided, motorcycles and electric vehicles. It includes parking lots and parking structures, unless otherwise specified in this chapter, and excludes off-street loading spaces.

(i)

"Short-term bicycle parking" means permanently-anchored bicycle racks (covered or uncovered), lockable bicycle rooms with permanently-anchored bicycle racks, or permanently-anchored bicycle lockers, that are accessible and usable by visitors, guests, and business patrons of the building or facility that it serves.

(j)

"Solar energy system" means a photovoltaic solar collector, or other photovoltaic solar energy device, that has a primary purpose of providing for the collection and distribution of solar energy for the generation of electricity.

(k)

"Tandem parking" means an area for two parked vehicles, where one vehicle is parked in-line directly behind the other vehicle and both vehicles are parked facing the same direction.

(Ord. No. 2012-12, § II, 10-16-12)

(a)

Changes in Land Use. If a land use is proposed to be enlarged, or a proposed change in land use will require more off-street parking to be provided under this chapter, additional off-street parking spaces must be provided to meet the off-street parking requirements of this chapter that apply to the land use, as enlarged or changed. If a proposed change in any land use requires fewer parking spaces to be provided

under this chapter than was required for the prior land use, then no change in the amount of off-street parking is required.

(b)

Compliance as a Condition of Approval. No application for a building permit for the erection of a new structure, or for the enlargement of an existing structure, and no application for the development of a land use, will be approved unless the application demonstrates compliance with this chapter. If off-street parking or bicycle parking, or both, is required by this chapter, an application for a building permit or land use permit must include a parking area plan that identifies the parking area, the parking spaces and their dimensions, landscaping, lighting, and other features required by this chapter. The application must include a landscaping plan that identifies each plant type that will be used to meet the landscaping requirements of this chapter.

(c)

Conflicts. If any requirement of this chapter conflicts with any off-street parking requirement specified elsewhere in Division 84, the requirement specified elsewhere in Division 84 governs.

(d)

Requirements are Cumulative. The requirements of this chapter are in addition to all requirements of state law that apply to vehicles and parking, including those specified in the vehicle code.

(Ord. No. 2012-12, § II, 10-16-12)

(a)

If the computation of required off-street parking spaces or bicycle parking spaces results in a fractional number, the fraction of one-half or more is counted as one, and a fraction of less than one-half is not counted.

(b)

When an off-street parking requirement or bicycle parking requirement is based on the number of spaces per employee, the required number of parking spaces is calculated based on the greatest number of employees that will be on the premises at one time.

(c)

When a parking requirement is based on the number of seats, and the seating provided is bench or pew seating, each twenty-four inches of bench or pew seating is considered one seat.

(Ord. No. 2012-12, § II, 10-16-12)

Article 82-16.4. Requirements

(a)

Except as specified in subsection (b) of this section, off-street parking required by this chapter must be provided on the same lot as the land use that it serves, or, for shared parking, on the same lot as at least one of the land uses that it serves.

(b)

Off-street parking may be allowed on a lot separate from the lot where the land use to be served by that parking is located if the zoning administrator finds both of the following:

(1)

The lot on which the off-street parking will be located is owned or leased by the applicant; and

(2)

The lot on which the off-street parking will be located is within two hundred feet of the lot where the land use to be served by that parking is located.

(Ord. No. 2012-12, § II, 10-16-12)

82-16.404 - Design and layout.

(a)

Parking Area Design Requirements. Each parking area must meet the following parking area design requirements:

(1)

General Requirements. Each off-street parking area must be designed with appropriate maneuvering areas and means of vehicular access to a street adjacent to or abutting the parking area. Each parking area must be designed to allow circulation of vehicles from one driveway aisle to another driveway aisle, or must provide, at the end of the driveway aisle, a turn-around area that is marked to prohibit parking and has a minimum area equivalent to one standard parking space.

(2)

Access Requirements. If an off-street parking area does not abut a street, an access drive between the street and the parking area must be provided. The access drive must measure at least twelve feet wide if it will be used for one-way traffic, and at least twenty feet wide if it will be used for two-way traffic. Each entrance to and exit from an off-street parking area must be located and designed to provide efficient and safe traffic flow between the parking area and the street. If a driveway aisle intersects directly with the adjacent or abutting street, that intersection must be at least eighteen feet away from the parking space nearest to it. Each off-street parking area within a residential zoning district (R-, D-1, M-), commercial zoning district (O-1, A-O, C-B, N-B, R-B, C-, C-M), industrial zoning district (L-I, W-3, H-I), or planned unit zoning district (P-1), must be designed so that vehicles are not required to back out of the parking area

onto an abutting or adjacent street. If a pedestrian sidewalk is adjacent to a parking space, at least five feet of width of the sidewalk must be unobstructed by any bumper overhang.

(3)

Driveway Aisles. Each parking space in a parking area must be accessed by a driveway aisle. If parking spaces with different angles of parking are accessed by the driveway aisle, the required driveway aisle width is the largest driveway aisle width that would be required for any of those parking spaces. Driveway aisle width is measured between the closest points of two parking spaces, or two curbs, or a parking space and a curb, that are directly opposite on each side of the driveway aisle.

(4)

Changes in Grade. When there is a change in grade between a parking area and an abutting or adjacent street, the gradient of each access point or access driveway may be up to a five percent gradient with no transitions. For a gradient greater than five percent, a twenty-foot long transition with a gradient of no more than five percent must be provided before or after the change in grade. For a gradient greater than fourteen percent, up to the maximum permitted gradient of twenty percent, a transition of one half of the gradient must be provided for a minimum of eight feet before, and a minimum of eight feet after, the change in grade.

(5)

Surfacing. Except as specified in this subsection (a)(5), each required off-street parking area must be surfaced with a continuous asphalt or Portland cement binder pavement, or similar paving material, with a weight rating necessary to accommodate emergency vehicles, as deemed necessary by the zoning administrator in consultation with the fire district or department having jurisdiction over the parking area. At least ten percent of the total paved area of a parking area must be paved with porous asphalt, pervious concrete, permeable pavers, or unit pavers that the zoning administrator, in consultation with the fire district or department having jurisdiction over the parking area, determines has a weight rating necessary to accommodate emergency vehicles. The parking area surface must be graded and drained to prevent the pooling of water.

(6)

Prohibitions. No off-street parking area may be used for automobile sales, storage, repair work, dismantling, or servicing of any kind.

(7)

Striping, Markings, and Signage. Each parking space must be marked with striping and must open directly on a driveway aisle meeting the width requirements set forth in this section. Each parking area must include signage and directional markings deemed necessary by the zoning administrator to ensure sufficient traffic circulation and safety.

(8)

Lighting. For safety and security, each parking area in a non-residential zoning district (any zoning district other than a R-, D-1 or M- district) must include lighting that adequately illuminates the parking area. Lighting must be directed downward and away from adjacent areas and public streets and rights-of-way, to prevent glare (overwhelming direct light creating a potential hazard), or excessive light spill-over (unreasonable amounts of light extending beyond the intended area or property line), as seen from those areas, streets, or rights-of-way. To provide for the general safety of adjacent vehicular traffic and the privacy and well being of residential areas, the lighting intensity may not be greater than reasonably required to safely and securely illuminate the parking area. Each lighting fixture must be consistently maintained to ensure broken or burnt-out bulbs are replaced, fixtures remain clean and graffiti and rust free, and painted fixtures do not chip or peel. Whenever possible, lighting fixtures must be equipped with energy efficient bulbs.

(9)

Screening and Buffers. If a parking area is adjacent to property within a residential zoning district (R-, D-1, or M-) or a parcel used for residential uses within a planned unit district (P-1), the parking area must include one of the following between the parking area and that zoning district:

(A)

A six-foot high solid fence or masonry wall (block, brick, or natural or concrete stone) and vegetation that, when mature, will cover a portion of the fence or wall; or

(B)

Landscape screening of at least six feet in height. Up to three feet, or half of the total height, whichever is less, may consist of planter boxes, raised beds, or similar improvements, and the remaining amount of screening must be shrubbery or other plants that, when planted, will provide a complete screen.

(b)

Parking Space Design and Layout. Each parking space within a parking area must meet all of the following requirements:

(1)

Parking Space Sizes. Except as provided in this subsection, each parking space in a parking area must be a standard size parking space. If twelve or more parking spaces are required by this chapter, a maximum of twenty-five percent of the total required parking spaces may be designated for compact vehicles. Each compact-vehicle parking space must provide pavement markings or signage identifying it for use by compact vehicles. Each standard size parking space, each compact-vehicle off-street parking space, and each driveway aisle must have the following minimum dimensions:

(A)

For each space with an angle of parking of zero degrees:

==> picture [372 x 123] intentionally omitted <==

(B)

For each space with an angle of parking of forty-five degrees:

==> picture [432 x 176] intentionally omitted <==

One-way travel: 13' One-way travel: 13' Two-way travel: 20' Two-way travel: 20'

Driveway Aisle Width

(C)

For each space with an angle of parking of ninety degrees:

==> picture [324 x 140] intentionally omitted <==

(2)

Non-Standard Angles of Parking. If a parking space in any parking area will have an angle of parking other than zero degrees, forty-five degrees, or ninety degrees, the zoning administrator will calculate the parking space dimensions to provide approximately the same amount of space that is required for a parking space with a zero-degree angle of parking. For calculations for a parking space with an angle of parking that is greater than zero degrees and less than forty-five degrees, the required driveway aisle width is thirteen feet for one-way travel, and twenty feet for two-way travel. For calculations for a parking space with an angle of parking that is greater than forty-five degrees, the required driveway aisle width is twenty-five feet for oneway and two-way travel.

(3)

Motorcycle Parking. Any off-street parking area with twenty or more standard size parking spaces may include up to six designated motorcycle parking spaces. Each designated motorcycle parking space must have a length of at least eight and one-half feet, and a width of at least three feet. Motorcycle parking spaces may not be counted towards the minimum number of parking spaces required by this chapter.

(c)

Landscaping Design and Layout. Landscaped areas must be provided within any off-street parking area other than an enclosed parking structure, and must meet the following design and layout requirements:

(1)

Each landscaped area within or adjacent to a parking area must be bordered by a curb that is at least six inches high and at least six inches wide. Each curb must be constructed of the same material that is used to pave the parking area, or another paving material that is authorized under this chapter and as approved by the zoning administrator.

(2)

Each landscaped area must be designed so that pedestrians are not required to cross the landscaped area in order to access the parking area.

(3)

A planter or landscaped area at least four feet wide (inside dimension) must be provided between a parking area and a public street or private drive, other than an access drive, that is adjacent to a parking area. Each parking area with more than five parking spaces must include landscaped areas that are equal in area to at least five percent of the area occupied by the paved parking area.

(4)

To provide visual and physical breaks and reduce traffic hazards to pedestrians, landscaped areas must be located between the parking area and each sidewalk adjacent to the parking area, except for any point at which a sidewalk intersects with the parking area.

(5)

For any parking space with an angle of parking of forty-five degrees or greater, in lieu of paving, a maximum of two feet of a standard parking space's depth, or one and one-half feet of a compact parking space's depth, may be planted with low-lying groundcover or landscaping to allow for up to a two-foot bumper overhang. A barrier curb or wheel stop measuring no more than five inches high, at least six inches wide, and thirty-six inches long must be provided in the parking space if the parking space is in front of a building, facility, or structure.

(6)

The following requirements apply to each parking area that includes more than seventy parking spaces:

(A)

Trees must be provided at a rate of at least one tree per twenty linear feet of landscaping. Each tree must measure at least five feet in height above-ground at the time that it is planted.

(B)

Planter islands must be provided at the ratio of at least one island for each ten parking spaces. Each planter island must be at least five feet wide and at least as long as the depth perpendicular to curb for the longest parking space adjacent to it.

(C)

Trees, or clusters of trees, must be evenly distributed throughout the parking area by locating trees along the perimeter of the parking area and within planter islands.

(7)

Each landscaped area must be continuously maintained to ensure it remains free of debris, litter, and weeds, and that landscaping remains healthy. To encourage water conservation, each parking area that includes landscaping must also include an automatic irrigation system that meets the requirements of this code pertaining to landscape irrigation and water conservation.

(d)

Tandem Parking. Two-car tandem parking spaces are permitted as specified in this section. Each tandem parking space must have a space width measuring at least eight feet and six inches, and a space depth perpendicular to curb measuring at least thirty-six feet. Vehicles using a tandem parking space must not block, or be allowed to overhang into, walkways or other pedestrian access areas, or any street or other public right-of-way. Each tandem parking space will be counted as two standard parking spaces toward the total amount of off-street parking spaces that must be provided under this chapter.

(1)

Single-family Residential. For any residential use located in a single-family residential (R-) zoning district, a tandem parking space is allowed, as long as the minimum setback requirements applicable to that zoning district are met.

(2)

Multiple-Family Residential. For any residential use located in a two-family (D-1) or multiple family residential (M-) zoning district, no more than fifteen percent of the residential units may be provided tandem parking spaces. A tandem parking space to serve an individual residential unit is allowed if the following requirements are met:

(A)

The tandem parking space is assigned to a single residential unit;

(B)

The tandem parking space is enclosed within a garage that allows ingress to and egress from a shared private road or a public street without requiring a vehicle to back out onto the road or street;

(C)

The multiple family residential use is located within the General Plan Transportation and Circulation Element Transit Corridor or Local Transit Service Area; and

(D)

The tandem parking space does not interfere with, or obstruct the use of, any other unit's assigned parking.

(3)

Commercial/Retail/Business. For any commercial, retail, or business use located in an O-1, A-O, C-B, N-B, R-B, C-, or P-1 zoning district, no more than twenty-five percent of the amount of off-street parking spaces required to be provided under this chapter may be tandem parking spaces. Tandem parking spaces are allowed if they are used in conjunction with a valet service that serves the land use during all hours of operation. No tandem parking space may be designated for self-parking, unless it is restricted for employee use.

(e)

Electric Vehicle Charging Spaces. Each EV charging space provided in a parking area counts as one space toward the minimum number of parking spaces required by this chapter. The following requirements apply to each EV charging space:

(1)

Each EV charging space must be accessible to persons with disabilities.

(2)

Each EV charging space must include a posted sign and painted curb, or ground markings, indicating that the space is exclusively for EV charging purposes.

(3)

EV charging equipment must be located so that pedestrians are not required to cross between the EV charging space and the EV charging equipment. The EV charging equipment may not obstruct any Americans with Disabilities Act-compliant sidewalk, entrance, curb-cut, or ramp, while in use or otherwise.

(4)

EV charging equipment must be illuminated by lighting to enable the equipment to be used at night.

(5)

Concrete-filled steel bollards or other similar barriers must be installed between EV charging equipment and an EV charging space if either of the following applies:

(A)

The EV charging equipment is located less than twenty-four inches away from the EV charging space that it serves; or

(B)

The EV charging equipment is located twenty-four inches or more away from the EV charging space that it serves and does not include, between the space and the equipment, a curb measuring at least six inches high.

(6)

An electric vehicle may occupy an EV charging space only while charging is in progress. Parking in an EV charging space when charging is not in progress is prohibited.

(7)

EV charging equipment must be maintained in working order at all times. The name and telephone number of the party responsible for maintaining and repairing the equipment must be posted on the equipment and updated as necessary.

(f)

Solar Energy Systems. Nothing in this chapter prohibits the installation of a solar energy system on or above a parking area, provided that the system otherwise meets the requirements of this code, and is located, installed, operated, and maintained in a manner that complies with all applicable federal, state, and county requirements.

(Ord. No. 2012-12, § II, 10-16-12)

(a)

The following number of off-street parking spaces must be provided for the following land uses:

(1)

Assembly halls without fixed seats: One space per every fifty square feet of gross floor area.

(2)

Auditoriums: One space per every four seats.

(3)

Banks, business and professional offices, other than medical and dental offices: One space per every two hundred fifty square feet of gross floor area.

(4)

Bowling alleys: Four spaces per every individual alley, plus one space per two employees.

(5)

Child care facility: For facilities that are licensed to serve fifteen or more children, one space per every two hundred fifty square feet of gross floor area.

(6)

Churches/religious institutions: One space per every four seats in the sanctuary/worship space only. If the church/religious institution is used for purposes that are ancillary to worship and administration, the zoning administrator may increase the required number of parking spaces to meet the parking requirements for the ancillary use or uses, or for the use or uses most similar to that ancillary use, specified in this section.

(7)

Commercial service, repair shops and wholesale establishments: One space per every eight hundred square feet of gross floor area.

(8)

Gas station (including vehicle service/repair): 0.9 spaces per every fueling position if the station includes a convenience market, or 0.5 spaces per every fueling position if the station does not include a convenience market.

(9)

Grocery store: One space per every two hundred square feet of gross floor area.

(10)

Golf courses and driving ranges: Four spaces per every hole. If the golf course or driving range facilities are also used for purposes that are ancillary to golf and golf instruction, such as banquets, the zoning administrator may increase the required number of parking spaces to meet the parking requirements for the ancillary use or uses, or for the use or uses most similar to that ancillary use, specified in this section.

(11)

Hospital: One space per every two patient beds. If the hospital includes ancillary services or facilities, such as a pharmacy or medical offices, the zoning administrator may increase the required number of parking spaces to meet the parking requirements for the ancillary use or uses, or for the use or uses most similar to that ancillary use, specified in this section.

(12)

Hotels and motels: One space per every lodging room. If the hotel or motel is used for purposes that are ancillary to lodging and overnight guest services, the zoning administrator may increase the required number of parking spaces to meet the parking requirements for the ancillary use or uses, or for the use or uses most similar to that ancillary use, specified in this section.

(13)

Marina: 0.4 spaces per every berth.

(14)

Medical and dental offices: One space per every two hundred fifty square feet of gross floor area, plus one space per doctor/dentist.

(15)

Mini (self) storage: One space per every three hundred fifty square feet of gross floor area of the office at the facility. A minimum of three spaces must be provided.

(16)

Mortuaries: One space per every fifty square feet of gross floor area in chapel areas.

(17)

Night clubs, cocktail lounges, and restaurants: One space per every three seats, or one space per every one hundred square feet of gross floor area, whichever is greater.

(18)

Nursery (plants): Two spaces per every one thousand square feet of gross floor area and outdoor display area.

(19)

Recreational facility: One space per every two hundred square feet of outdoor recreation area (swimming pools, ball fields, courts, etc.).

(20)

Retail stores and shops, except as otherwise specified herein: One space per every three hundred square feet of gross floor area.

(21)

Retail stores that handle only bulky merchandise, such as furniture, household appliances, and motor vehicles: One space per every five hundred square feet of gross floor area.

(22)

Retail and wholesale establishments where sales are conducted primarily outside of buildings: One space per every two thousand square feet of outdoor display area.

(23)

Rooming and lodging houses: One space per every bedroom.

(24)

Sanitariums, convalescent homes, rest homes, nursing homes: One space per every three beds.

(25)

Sports arenas: One space per every five seats, or one space per every two hundred square feet of gross floor area, whichever is greater.

(26)

Theaters: One space per every five seats.

(27)

Winery: For wineries that include agricultural production, one space per every two hundred fifty square feet of gross floor area. For tasting rooms where no agricultural production or cultivation occurs, one space per three seats, or one space per every one hundred square feet of gross floor area, whichever is greater.

(28)

Warehouses and other storage buildings: One space per every one thousand square feet of gross floor area.

(b)

For any use not specified in this section, the number of parking spaces that must be provided is the number of spaces required to be provided for the most similar land use specified in this section, as determined by the zoning administrator.

(c)

If a final transportation demand management program (TDM) is approved for any project or development pursuant to Chapter 82-32, the number of parking spaces required by that TDM for that project or development supersedes the number of parking spaces that would otherwise be required by this section.

(Ord. No. 2012-12, § II, 10-16-12)

An exclusive parking facility may be established if it meets all of the following requirements:

(a)

The facility must be located on a lot that is either:

(1)

Adjacent to an established or planned future stop of a public transit service route; or

(2)

Within an O-1, A-O, C-B, N-B, R-B, C-, or P-1 zoning district and the land use that it serves is a business use, commercial use, or office use.

(b)

The facility must be restricted for use by the riders and employees of a public transit service, or the employees, visitors, or business patrons of the land use served by the facility.

(c)

The facility must be located within one thousand feet of the planned or established public transit service stop, or the property line of the lot where the land use to be served by the facility is located.

(d)

The facility only will be used for vehicle and bicycle parking.

(e)

No commercial repair work or sales of any kind will occur within the facility.

(f)

No signs will be located within the facility, except signs required by this chapter to guide traffic or mark parking spaces, signs that identify the persons that may utilize the facility, and signs that are otherwise required by law to be posted.

(g)

The facility must meet the requirements of this chapter that apply to off-street parking areas generally.

(h)

An exclusive parking facility plan must be submitted with the application for a land use permit. The plan must depict and delineate the requirements of this section. The exclusive parking facility may, but is not required to, provide a parking attendant to control entry to, and exit from, the facility. If a parking attendant will be provided, the application must show the location of the parking attendant's shelter, and must describe the hours when an attendant will be present. The application also must describe land use served by the facility.

(Ord. No. 2012-12, § II, 10-16-12)

(a)

In any zoning district, each building or facility with a gross floor area of ten thousand or more square feet that is used for manufacturing, storage, warehousing, displaying of goods, retail sales, wholesale sales, hotel, hospital, mortuary, laundry, dry cleaning, or other land use that requires the receipt or distribution by vehicles of materials and merchandise, must include off-street loading space on the same lot as that building or facility. The required amount of off-street loading space is based on the size of the building or facility that it serves, calculated as follows:

(1)

Ten thousand to twenty thousand square feet of gross floor area, one space.

(2)

Twenty thousand one to thirty thousand square feet of gross floor area, two spaces.

(3)

Thirty thousand one to forty-five thousand square feet of gross floor area, three spaces.

(4)

Forty-five thousand one to seventy-five thousand square feet of gross floor area, four spaces.

(5)

Over seventy-five thousand square feet of gross floor area, one additional space for each additional seventy-five thousand square feet of gross floor area, or portion thereof.

(b)

Each off-street loading space must meet the following requirements:

(1)

Each loading space must be located so that:

(A)

It is accessible from a public street; and

(B)

Any vehicle that regularly uses it does not encroach within any sidewalk or street right-of-way, or within any required front yard or side yard of the building or facility that it serves.

(2)

Each loading space must have a minimum unobstructed width of ten feet, a minimum unobstructed length of thirty-five feet, and a minimum unobstructed clearance height of fifteen feet for the entire length and width of the loading space.

(3)

Each loading space required by this section must be permanently maintained during the existence of the building or facility that it serves, and must be used only for loading and unloading purposes. No part of a required loading space may be encroached upon by buildings or temporary structures, or used for storage or any other activity not related to loading or unloading.

(Ord. No. 2012-12, § II, 10-16-12)

(a)

To meet the bikeway goals of the Transportation and Circulation Element of the County General Plan, longterm and short-term bicycle parking must be provided to serve each land use, as specified in this section.

(b)

Long-term and short-term bicycle parking must meet the following location requirements:

(1)

The bicycle parking must be located near every terminus of dedicated bicycle trails or routes, or at locations that are accessible by bicycles.

(2)

If no bicycle trails or routes terminate on the lot to be served by the bicycle parking, the parking must be located as close as possible to main entrances and exits of buildings, structures, or facilities without obstructing any door, entry way, path, or sidewalk.

(3)

The bicycle parking must be located in an area that is visible from vehicle parking or circulation areas, or pedestrian circulation areas.

(4)

The bicycle parking location must be identified with guide signs or wayfinding signs that meet the requirements of sign type "3" in sign series "D4" of the then current Manual of Uniform Traffic Control Devices.

(5)

Long-term bicycle parking must be accessible and usable by tenants, employees, or other occupants of the building or facility that it serves.

(c)

The following amounts of long-term and short-term bicycle parking must be provided for the following land uses:

(Ord. No. 2012-12, § II, 10-16-12)

82-16.414 - Shared parking.

(a)

The requirements of this chapter may be met through the use of shared parking spaces if the zoning administrator finds all of the following:

(1)

The number of off-street parking spaces to be shared by two or more land uses must be provided in an amount to satisfy the greatest number of off-street parking spaces required by this chapter for any of the land uses, when calculated individually. The number of off-street parking spaces to be shared by two or more land uses may not exceed the sum of the parking space requirements that otherwise would apply to the land uses under this chapter, when added together.

(2)

Each land use served by the shared parking spaces will utilize the spaces at different times.

(3)

The shared off-street parking spaces are not otherwise required to satisfy the parking requirements for some other use at times when they will be required to serve any of the shared land uses.

(b)

If an application for shared parking is approved by the zoning administrator, the applicant shall record in the office of the county recorder a deed restriction against the property or properties to be served by the shared parking. The deed restriction must specify the land uses served by the shared parking, and must designate and restrict the parking area to serve those land uses.

(c)

Any deed restriction recorded pursuant to this section may be amended or released only after obtaining the approval of the zoning administrator.

(1)

The zoning administrator will approve the release of the deed restriction if either of the following is satisfied:

(A)

Other off-street parking that meets the requirements of this chapter will be provided to serve one or more of the land uses served by the shared parking; or

(B)

One or more of the land uses served by the shared parking has changed, or will change, and off-street parking is no longer, or will no longer be, required under this chapter.

(2)

The zoning administrator will approve an amendment to a deed restriction to require a different amount of shared parking if there is a corresponding change in one or more of the land uses served by the shared parking to require more, or allow for less, shared parking under this chapter.

(d)

The parking area must include a sign or signs specifying the land uses served by the shared parking.

(Ord. No. 2012-12, § II, 10-16-12)

A variance from any of the requirements of this chapter may be obtained pursuant to Article 26-2.20 of this code.

(Ord. No. 2012-12, § II, 10-16-12)

Chapter 82-18 - SIGHT OBSTRUCTIONS AT INTERSECTIONS

No structure (including, but not limited to, fences and gateways) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road, or street with another state highway, public road, or street, shall be constructed, grown, maintained or permitted higher than two and one-half feet above the curb grade, or three feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines twenty-five feet back from the point of their intersection or in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way line and a diagonal line joining points on the tangents twenty-

five feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner.

(Ord. 1787; prior code § 8112(a): Ord. 382).

This chapter shall not apply to existing public utility poles, or existing permanent structures or existing supporting members of appurtenances thereof; official traffic signs or signals; or corners where the contour of the land itself prevents visibility.

(Ord. 1787: prior code § 8112(b): Ord. 382).

The prohibitions and limitations of Section 82-18.002 shall apply in every setback or front yard of a lot within seventy-five feet of the point where a state highway, public road, or street crosses a railroad track.

(Ord. 1787: prior code § 8112(c): Ord. 382).

If the director of public works determines that a violation of this chapter exists, the director of public works shall give written notice to the owner, tenant, or person having possession, charge or control of the premises on which the violation exists. The notice may be given by registered or certified mail. The notice shall designate the obstruction and shall direct that the obstruction be removed within ten days after receipt of the notice. The notice shall also recite the right of appeal provided for in Section 82-18.010. It is unlawful for the person to whom the notice is addressed to fail to remove the obstruction within the ten-day period unless within the period the person appeals as provided for in Section 82-18.010, in which case the removal must be accompanied within ten days of an adverse ruling on the appeal or application or as ordered by the board of adjustment or planning commission.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1787: prior code § 8112(d): Ord. 382).

• For director of public works, See Ch. 24-22 of this code.

The owner, tenant, or person having possession, charge or control of premises may appeal the determination of the director of public works made under Section 82-18.008, or may seek a variance from the terms of this chapter, by application to the board of adjustment pursuant to Chapter 26-2. Upon such application the board of adjustment may review the determination of the director of public works, if the application is an appeal therefrom, and in any case if it determines that a violation of this chapter exists or is proposed or planned, may grant, grant conditionally, or refuse to grant a variance from the terms of this chapter.

(Ord. 1787: prior code § 8112(e): Ord. 382).

• For director of public works, See Ch. 24-22 of this code.

Within ten days after the board of adjustment or the planning commission (if appeal is taken to the planning commission) determines that the obstruction must be removed, the applicant shall remove the obstruction.

(Ord. 1787: prior code § 8112(part): Ord. 382).

Chapter 82-20 - DOG KEEPING

(a)

A kennel (and its activities) may be allowed only after and in accordance with the issuance of a land use permit pursuant to this chapter authorizing such use in any of the following land use districts:

(1)

County agricultural zoning districts (A-1, A-2, A-3, A-4, A-20, A-40, or A-80);

(2)

Retail business district (R-B);

(3)

General commercial district (C);

(4)

Light industrial district (L-1); and the

(5)

Heavy industrial district (H-1).

(b)

All animals maintained in kennels shall be confined on the premises or trained or exercised or bred under the owner's control and shall be enclosed in a secure shelter during the hours of darkness, except when they are shown, tried, worked, or hunting under the owner's control.

(Ords. 92-25 § 3, 80-98 § 2: prior code § 8122: Ord. 1264).

(a)

Dog fancier use and activities and a multiple pet license therefor may be allowed only after the issuance of a land use permit pursuant to this chapter authorizing such use only in the following land use districts:

(1)

Agricultural zoning districts A-1, A-2, and A-3;

(2)

Retail business (R-B);

(3)

General commercial (C);

(4)

Light industrial (L-I);

(5)

Heavy industrial (H-I);

(6)

Single-family residential (R-20, R-40, R-65, or R-100);

(7)

Transition residential-agricultural (R-A); or

(8)

In any other residential land use district requiring a minimum residential lot size of less than twenty thousand square feet, where the applicant's lot is at least twenty thousand square feet in area and where the maximum number of dogs permitted over six months of age does not exceed four.

(b)

In residential districts requiring a minimum lot size of twenty thousand square feet or more, the maximum number of dogs permitted shall be fixed by the involved planning agency division as a condition in the granting of a land use permit.

(c)

All dogs maintained by dog fanciers shall be confined on the premises or trained or exercised under the owner's control and shall be enclosed in a building during the hours of darkness.

(d)

Dog fancier use and activities (involving twenty or less dogs) are a permitted use in agricultural zoning districts A-4, A-20, A-40 and A-80.

(Ords. 92-25 § 3, 1744: prior code § 8123: Ord. 1264).

82-20.006 - Compliance with code provisions.

(a)

All kennel or dog fancier uses or activities allowed by any land use permits issued pursuant to this chapter and code shall only be established or maintained in full compliance with the provisions of Division 416 of this code.

(b)

Upon request of the planning agency, the animal services director in a timely manner shall provide to the agency written comments on and recommendations for pending land use permit applications made pursuant to this chapter.

(Ord. 92-25 § 3).

Land use permits for the special uses enumerated in this chapter and variance permits to modify any of this chapter's provisions may be granted in accordance with Chapters 26-2 and 82-6.

(Ord. 95-25 § 3).

Chapter 82-22 - CHILD CARE FACILITIES

Article 82-22.2. General

The purpose of this chapter is to implement the child care component of the community facilities element of the county general plan. It is the policy of Contra Costa County to assist and encourage the development of adequate affordable child care. It is recognized that the provision of child care requires a partnership between public and private participants and that the role of this county is to establish land use policies and ordinances to promote the establishment of child care facilities and the initiation of child care services in this community. It is further recognized that it is the developers' responsibility to address the child care needs associated with the development of their projects within the county, and that the establishment of such child care facilities and initiation of services will help satisfy the child care infrastructure requirements associated with new growth. Further, it is a policy of this county to encourage, whenever possible, joint use facilities such as, but not limited to, public schools, churches, parks or other community facilities.

(Ord. 88-1 § 3).

The community development department shall be responsible to ensure the coordination of child care needs assessment and the provision of information concerning child care, to assist in the preparation of child care programs (where appropriate), and to coordinate the development of a child care program within

county government. As part of its responsibilities under this chapter, the department shall verify the need for child care facilities and programs in each unincorporated community in the county every three years.

(Ords. 92-56 § 3, 88-1 § 3).

The board of supervisors may issue regulations for the administration of this chapter, including procedures and policies.

(Ord. 88-1 § 3).

Article 82-22.4. Definitions

Unless otherwise specifically provided, the following definitions shall govern the interpretation of this chapter.

(Ord. 88-1 § 3).

82-22.404 - Child care facility.

"Child care facility" means an existing or proposed child care facility as defined in Health and Safety Code Section 1596.750. The three basic designations covered under this section are:

(1)

Small family day care home, as defined in Health and Safety Code § 1596.78(2), a facility licensed for the care of six or fewer children;

(2)

Large family day care home, as defined in Health and Safety Code § 1596.78(1), a facility licensed for the care of seven to twelve children;

(3)

Child care center, as defined in Health and Safety Code § 1596.76, a facility licensed for the care of more than twelve children.

"Child care facility" includes the building, modifications to buildings, equipment, and any accessory structures, in which there are programs and personnel licensed by the state for direct child care services including, but not limited to, shelter, food, education and play opportunities for fewer than twenty-four hours per day.

(Ord. 88-1 § 3).

82-22.406 - Project.

"Project" means a proposal for the development of land, requiring a land use entitlement, whether residential or nonresidential, or both, which conforms to county requirements. A project includes but is not limited to the development of a lot or parcel or larger acreage, conversion of an existing use to a different use, and expansion of a use.

(Ord. 88-1 § 3).