Firebaugh Municipal Code § 25-67.3 Definitions

[Amended 7-15-2019 by Ord. No. 19-03; 5-3-2021 by Ord. No. 21-02; 12-5-2022 by Ord. No. 22-04; 4-7-2025 by Ord. No. 25-02]

[Amended 4-7-2025 by Ord. No. 25-02]

Unless the text of this Ordinance states otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. Words and phrases used in this Ordinance shall be defined in § 25-67.3 of this chapter.

[Amended 4-7-2025 by Ord. No. 25-02]

The objectives of this § 25-67 are as follows:

a. Provide coherent and consistent explanation of the terms used in this Ordinance.

b. Avoid misinterpretation of the regulations, procedures, and standards as put forth in this Ordinance.

c. Introduce a common vocabulary to facilitate communication regarding this Ordinance.

[Amended 4-7-2025 by Ord. No. 25-02]

ABANDONED

Shall mean to cease or suspend from developing or maintaining a building or use for a stated period of time.

ABUTTING

Shall mean two or more parcels sharing a common boundary of at least one point.

ACCESS

Shall mean safe, adequate, and usable ingress or egress to a property or use.

ACCESSORY DWELLING UNIT

Means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

ACCESSORY STRUCTURE

Shall mean a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.

ACRE

Shall mean a measure of land area containing 43,560 square feet.

ADJACENT TO

Shall mean properties which are next to each other sharing a common property line.

ADMINISTRATIVE AGREEMENT

Shall mean an agreement duly executed and legally binding between the City of Firebaugh, prepared and signed by the Planning Director, and the applicant for a minor planning request. The agreement will delineate the terms and conditions agreed upon by the two parties.

ADULT DAY PROGRAM

Shall mean any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.

AGGREGATE AREA

Means the total area of all permanent signs on the premises. This definition pertains to signs (see § 25-47).

AGRICULTURAL ACCESSORY STRUCTURES

Means those uses and structures customarily incidental and subordinate to the agricultural use of the land, including: barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation, and crop-protection equipment; the storage and use of fuels for heating buildings and operating farm equipment or appliances; water and waste water treatment facilities and systems for private uses and structures which are determined by the Planning Director to be necessary, customary, and incidental to the agricultural use of the lot or parcel. Agricultural accessory uses shall not include construction equipment storage yards.

AGRICULTURAL OPERATIONS

Means the cultivation and tillage of soil, dairying, the production, irrigation frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including timber, viticulture, agriculture, horticulture, the raising of livestock, fur-bearing animals, fish, or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

AIRPORT

Shall mean any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways, and tie-down areas.

ALLEY

Shall mean a public way permanently reserved as a secondary means of vehicular access to abutting property.

ALTER

Shall mean to make any change in the supporting or load bearing members of a building, such as bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure.

AMENDMENT

Shall mean a change in the working, context, or substance of this chapter, an addition or deletion or a change in the district boundaries or classifications upon the zoning map.

AMUSEMENT MACHINE

Shall mean any mechanical or electronic machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, involving in its use either skill or chance, including but not limited to a tape machine, card machine, pinball machine, bowling game machine shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, an electronic video game, or any other similar machine or device except for a billiard or pool table, music machine, or a merchandise vending machine.

ANCILLARY USE

Shall mean a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.

ANIMAL HOSPITAL

Shall mean a facility where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration.

ANNEXATION

Shall mean the incorporation of a land area into an existing incorporated community with a resulting change in the boundaries of that community.

ANTENNA

Shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves, including antennas or towers used for transmitting or receiving television, radio, citizen's band or cellular phone communication. An antenna can be affixed to or supported by a roof or exterior wall of a building or other structure or an antenna can be ground mounted, which is supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground. This definition also means associated equipment including, but not limited to cabling, generators, fans, air-conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

ANTI-DRAIN VALVE (CHECK VALVE)

Shall mean a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the low elevation sprinkler heads.

APPLICANT

Shall mean a person who is required to file an application for a permit under this section.

APPLICATION RATE

Shall mean the depth of water applied to a given area, usually measured in inches per hour.

ARBORS AND TRELLISES

Means ornamental landscape features designed to display and support landscape plantings. They typically consist of an open, lattice-work design constructed of wood, metal, or other lightweight material.

ARCADE

Shall mean a place of business having four (4) more amusement machines.

AREA OF SHALLOW FLOODING

Shall mean an area designated AO or VO AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

ASSESSOR

Shall mean the county assessor of the County of Fresno.

AUTOMATED TELLER MACHINE (ATM)

Shall mean a computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations.

AUTOMATIC CONTROLLER

Shall mean a mechanical or solid timer, capable of operating valve stations to set the days and length of time of a water application for irrigation.

AWNING

Shall mean a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a door or window from the elements.

BACKFLOW PREVENTION DEVICE

Shall mean a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from an irrigation system.

BANNER

Means any cloth, bunting, plastic, paper, or similar material attached to, or appended on or from any structure, staff, pole, line, or framing upon which there is an advertising message. This definition pertains to signs (see § 25-47).

BAR/TAVERN

Shall mean a business where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses.

BASE FLOOD

Shall mean a flood having a 1% chance of being equaled or exceeded in any given year (also called the "100-Year Flood"). Base flood is the term used throughout this ordinance.

BASEMENT

Shall mean any area of the building having its floor subgraded - i.e., below ground level on all sides.

BED-AND-BREAKFAST INN (B&B)

Shall mean a building or group of buildings providing 15 or fewer bedrooms or suites that are rented for overnight lodging, with a common dining area for guests.

BLOCK

Shall mean the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or water course.

BREEZEWAY

Shall mean a roofed passageway, open on at least two sides, where the roof is structurally integrated with the main building. A fence or wall not exceeding six feet in height may be permitted on one side of said breezeway.

BUILDABLE AREA

Shall mean the area of a lot remaining after the minimum yard and open space requirements of the zone district have been met.

BUILDING

Shall mean any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property of any kind.

BUILDING FACE

Shall mean the exterior surface of any building, regardless of frontage.

BUILDING FRONT

Shall mean the wall of the business with the primary public entrance. This definition pertains to signs (see § 25-47).

BUILDING PERMIT

Shall mean the written permission from the City of Firebaugh for the construction, repair, alteration, or addition to a structure.

BUILDING, HEIGHT OF

Shall mean the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

BULLETIN BOARD

Shall mean a permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals displaying the name of the institution, events conducted upon and/or services offered upon such premises.

CARETAKERS RESIDENCE

Shall mean a single-family residence on the same property with, or on abutting property owned by the owner of, an open space, commercial or manufacturing use, which residence is occupied by one or more persons charged with the care or protection of facilities used in such open space, commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other things of value other than his services.

CARPORT

Shall mean a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter and storage. See also "Carport, Portable."

CARPORT, PORTABLE

Shall mean a portable attached or detached accessory structure used as a roof covering to protect vehicles or shelter goods and which may or may not be fixed to the ground and which is not designed or intended to be permanently affixed on a lot. Such accessory structures may be erected by the use of poles, ropes, stakes, or a combination of these items. Roof coverings may be constructed of various materials such as canvas, vinyl, metal sheeting or similar materials.

CELLULAR

Shall mean an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

CEMETERY

Shall mean land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.

CHURCH

Shall mean a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings, and uses, is maintained and controlled by a religious body organized to sustain public worship.

CITY

Shall mean the City of Firebaugh.

CITY MANAGER

Shall mean the City Manager of the City of Firebaugh.

CLUB, LODGE, OR PRIVATE MEETING HALL

Shall mean a 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.

CO-LOCATION

Shall mean the location of two or more wireless communication facilities on a single support structure. Co-location shall also include the location of wireless communication facilities with other facilities, including water tanks, light standards, and buildings.

COMBINING DISTRICTS (OVERLAY DISTRICTS)

Means zones or geographical areas in Firebaugh that may require special regulations or treatment due to unique features, resources or hazards. These districts may be combined with any district identified in this Ordinance.

COMMERCIAL ACCESSORY STRUCTURES

Means uses and structures incidental and subordinate to the commercial use of the land including: equipment storage areas, trash storage areas and bins; vending machines; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculptures, paintings, and other works of art; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the commercial use of the land.

COMMERCIAL MARIJUANA OPERATION or MARIJUANA OPERATION

Shall mean any commercial marijuana activity allowed under the "Adult Use of Marijuana Act" (AUMA) and the implementing regulations, as AUMA and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis.

COMMERCIAL MARIJUANA PERMIT

Shall mean the blanket permit to operate deemed to have been granted upon completion of registration.

COMMERCIAL RECREATION FACILITY - OUTDOOR

Means facilities for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks; fairgrounds; go-cart tracks; golf driving ranges; miniature golf courses; roller skating, hockey, skateboarding; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc.

COMMISSION and PLANNING COMMISSION

Shall mean the Planning Commission of the City of Firebaugh.

COMMUNICATION TOWER

Shall mean any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

COMMUNICATIONS EQUIPMENT BUILDING

Shall mean a building housing electrical and mechanical equipment necessary for the conduct of a public communication business with or without personnel.

CONDITIONAL USE

Shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Ordinance and authorized by the Planning Commission.

CONVALESCENT HOSPITAL OR NURSING HOME

Shall mean any place, structure, or institution providing for skilled nursing and allied professional health care, or for chronic or convalescent care for one or more persons, exclusive of relatives, in which nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons, who, by reason of advanced age, chronic illness, or physical infirmity are unable to properly care for themselves, but not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not provided.

CONVENIENCE STORE

Shall mean a retail establishment with not more than 4,500 square feet of gross floor area, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, usually for off-site consumption.

COPY

Means any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof which relates to advertising, identification, or notification. This definition pertains to signs (see § 25-47).

CORNER CUT-OFF

Shall mean the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

COUNCIL and CITY COUNCIL

Shall mean the City Council of the City of Firebaugh.

COUNTY

Shall mean the County of Fresno.

COUNTY RECORDER

Shall mean the county recorder of the County of Fresno.

COW

Shall mean a "cell on wheels," which is a wireless telecommunications facility temporarily rolled in or temporarily installed.

DAY

Shall mean calendar day.

DAY CARE

Means facilities that provide nonmedical care and supervision of adults or minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

a.

CHILD DAY CARE CENTERMeans a commercial or nonprofit child day-care facility designed and approved to accommodate 15 or more children. Includes 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.

b.

LARGE FAMILY DAY-CARE HOMEMeans as provided by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for seven to 14 children, inclusive, including children under the age of 10 years who reside in the home, for periods of less than 24 hours per day, while the parents or guardians are away.

c.

SMALL FAMILY DAY-CARE HOMEMeans as provided by Health and Safety Code Section 1596.78, a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home.

d.

ADULT DAY CARE FACILITYMeans a day-care facility providing care and supervision for adult clients.

DEDICATION

Shall mean the setting aside of land for a particular purpose, including roadway, park, or bikepath improvements; utility easements; or access routes for the public.

DENSITY

Shall mean the number of families, individuals, dwelling units, or housing structures per unit of land.

DENSITY BONUS

Shall mean a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Government Code Section 65915.

DEVELOPER INCENTIVES OR CONCESSIONS

Means a reduction in 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 as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, 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 and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915.

DEVELOPER WAIVER

Means reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria at the densities or with the concessions or incentives permitted in Government Code Section 65915. The City shall not provide a waiver to reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Additionally, the City shall not provide a waiver to reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.

DEVELOPMENT

Shall mean any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DEVELOPMENT AGREEMENT

Shall mean a contract duly executed and legally binding between the City of Firebaugh and a developer that delineates the terms and conditions agreed upon by the two parties.

DISABILITY

Shall mean an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

DISABLED PERSON

Means a person who has a medical, physical, or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability.

DRIVE-IN RESTAURANT

Shall mean any building or structure in which food and drink are prepared for service to customers within such structure or occupying vehicles outside of such structures and including self-service restaurants for take-out food.

DRIVE-THROUGH FACILITY

Shall mean a commercial facility where vehicles line up for service at definite spots and where customers are served from a window or similar feature without leaving their vehicles.

DRIVEWAY

Shall mean any vehicular access to an off-street parking or loading facility.

DUPLEX

Shall mean a structure on a single lot containing two dwelling units, each of which is totally separated from the other by a common wall that extends from ground to roof.

DWELLING

Shall mean a structure or portion thereof designed for or occupied for residential purposes whether for one family, several families, roomers or boarders, but for purposes of this definition specifically not to include automobile trailers, hotels, motels, labor camps, tents, railroad cars, converted, transit vehicles, mobile homes or any type of temporary structure.

DWELLING UNIT, SECOND

Shall mean an attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation and shall be located on the same lot as the existing single family dwelling is situated. Second dwelling units shall be consistent with the requirements of § 25-41 of this Ordinance.

DWELLING, MULTIPLE-FAMILY

Shall mean a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family.

DWELLING, SINGLE-FAMILY

Shall mean a building containing one dwelling unit.

EASEMENT

Shall mean a space on a lot or parcel of land reserved for or used for public uses.

ELECTRIC DISTRIBUTION SUBSTATION

Shall mean an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.

ELECTRIC TRANSMISSION SUBSTATION

Shall mean an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at very high voltage from its source of generation by means of a network of high voltage lines, and where, by a means of transformers, said high voltage is transformed to a lower subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.

EMERGENCY HOUSING or EMERGENCY SHELTER

Means housing with minimal supportive services for people experiencing homelessness that is limited to occupancy of six months or less by a homeless person, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided. No individual or household may be denied emergency shelter because of an inability to pay. Emergency housing and emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

EMPLOYEE

Means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business. This definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11).

EMPLOYEE HOUSING

Shall mean housing as described, defined, and regulated by the Employee Housing Act, Section 17000 et seq. of the California Health and Safety Code. Employee housing for up to six unrelated persons per dwelling is permitted in the same manner as other single-family structures of the same type in the same zone, in all zones that allow residential uses. In the UR (Urban Reserve) zone, employee housing is permitted for up to 12 units or 36 beds. Employee housing is permitted subject to the issuance of a permit by the State of California Department of Housing and Community Development as provided in California Health and Safety Code Sections 17021.5 and 17030. The permit shall be prominently displayed in the housing unit and shall be provided to any peace officer, City inspector or State inspector, upon demand.

EMPLOYEE PERMIT

Shall mean the permit required under this section for every employee or independent contractor working at a commercial marijuana operation or involved in transportation/delivery related services for a commercial marijuana operation.

ESSENTIAL SERVICE

Shall mean the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare.

ESTABLISHMENT

Means and includes any of the following: (this definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11):

a.

The opening or commencement of any such business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

c.

The addition of a any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

d.

The relocation of any such sexually oriented business; or

e.

The substantial enlargement of any such sexually oriented business.

EXCEPTIONAL STRUCTURE

Shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or aesthetic significance. Exceptional structures should be considered for nomination to the National Register of Historic Places.

EXTREMELY LOW INCOME HOUSEHOLD

Means those units targeted for this category of household that shall be affordable at a rent that does not exceed 30% of 60% of the Fresno County median income.

FACADE

Shall mean the exterior wall of a building exposed to pubic view or that wall viewed by persons not within the building.

FAIR HOUSING LAWS

Means (1) the federal Fair Housing Act (42 U.S.C. § 3601 and following) and (2) the California Fair Employment and Housing Act (Government Code Section 12955 and following), including amendments to them.

FAMILY

Means one person or two or more individuals living together in a dwelling unit.

FARM EMPLOYEE HOUSING (LABOR CAMP)

Means living quarters, including dwellings, sleeping accommodations and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leased or rented by the owner, lessee or tenant of the site on which the farm employee housing is located; excepting a labor camp and trailer park. Agriculture employee housing complexes for 12 single-family units or 36 beds in group quarters are permitted in the M-1 zone and M-2 zone, pursuant to California Health and Safety Code § 17008.

FARMING

See "agricultural operations."

FEDERAL

Shall mean the Government of the United States of America.

FENCE

Shall mean any structural device forming a physical barrier which is so constructed that not less than 50% of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane. (For board or other solid barriers, see "wall.").

FLOOD BOUNDARY AND FLOODWAY MAP

Shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the floodway.

FLOOD HAZARD BOUNDARY MAP

Shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated the areas of flood hazards.

FLOOD INSURANCE RATES MAP

Shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.

FLOODING

Shall mean a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN or FLOOD-PRONE AREA

Shall mean any land area susceptible to being inundated by water from any source.

FLOODWAY

Shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR AREA, GROSS

Shall mean a sum of the gross horizontal areas, in square feet, of the floors of a building, including interior balconies and mezzanines, but not including the horizontal area occupied by any wall, inner court or shaft enclosure.

FOCUS STRUCTURE

Shall mean any structure or building having significant historical/cultural, architectural, archaeological, or aesthetic significance. Focus structures are of good to excellent quality and should be considered for local recognition and protection to encourage wide management of this resource.

FOSTER FAMILY HOME

Shall mean any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian.

GARAGE, PRIVATE

Shall mean an accessory structure or a portion of a main structure used only for the storage of self-propelled passenger vehicles or trailers by families residing upon the premises.

GARAGE, REPAIR

Shall mean a commercial structure or part thereof other than a private garage where motor vehicles are repaired or painted.

GARAGE, STORAGE

Shall mean a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof.

GARBAGE

Shall mean any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.

GRADE

Shall mean the gradient, the rate of incline or decline expressed as a percent. For example, a rise of 25 feet in a horizontal distance of 100 feet would be expressed as a grade of 25%. (See also "slope")

GRADING

Shall mean any stripping, cutting, filling or stockpiling of soil.

GUEST HOUSE

Means living quarters within an accessory structure for use by temporary guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.

HEDGE

Shall mean a plant or series of plants, shrubs, or other landscaped material, so arranged as to form a physical barrier or enclosure.

HEIGHT OF SIGN

Means the vertical distance from the uppermost point used in measuring the area of a sign to ground level of the foundation of the sign.

HISTORIC PRESERVATION

Shall mean the protection, rehabilitation, and restoration of districts, sites, structures, buildings and artifacts significant in American history, architecture, archaeology or culture.

HISTORICAL STRUCTURE

Shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or aesthetic significance.

HOME OCCUPATION

Shall mean any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part; which creates no additional vehicular or pedestrian traffic, requires no additional parking space, generates no noises audible beyond the site, causes no radio or television interference; where no persons are employed other than domestic help, and no mechanical equipment is used other than that necessary for domestic purposes; no materials, equipment and/or supplies are stored outdoors other than such storage normally associated with the residential use of the property. For purposes of this definition, the storage of a vehicle of not more than one-ton capacity shall be deemed as normally associated with residential use the property.

HOMELESS SHELTER

Shall mean a church, public building, or quasi-public facility that provides emergency or temporary shelter to homeless individuals and/or groups. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services. Also referred to as "emergency housing."

HOMEMADE FOODS BUSINESS

Shall mean a business conducted out of a residence where the occupants of the dwelling prepare and package certain types of food, operated in compliance with California Homemade Foods Act (as codified in Government Code Section 51035), and the following City standards:

a.

There shall be no employment of help outside the residents of the dwelling, except for one full-time employee.

b.

All food preparation in conjunction with a homemade food business must take place in the residence's existing kitchen.

c.

Prior to granting of a city business license the applicant shall obtain a permit from the Fresno County Environmental Health Department. The City business license shall not be effective until that permit or approval is obtained, and shall automatically expire if the other required permit or approval expires, is disapproved or is revoked.

d.

A copy of the Fresno County Environmental Health Department permit to operate shall be provided to the City Planning Department within 10 working days of the issuance of that permit or approval.

HOSPITAL

Shall mean any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.

HOTEL

Shall mean a structure or portion thereof in which there are individual guest rooms or suites, usually occupied on a transient basis, where lodging with or without meals is provided for compensation.

HOUSEHOLD PETS

Shall mean animals, birds, or fowl ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine, or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use (except pigeons, which shall be deemed household pets). The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintained residences in other districts. The keeping of any animal not herein described as a household pet shall not be deemed an accessory residential use.

HOUSING DEVELOPMENT

Means one or more groups of residential projects that each has more than five units.

IMMEDIATE FAMILY

Immediate family shall include spouse, parent or step-parent, brother or step-brother or half-brother, sister or step-sister or half-sister, child or step-child, or grandparents.

INDUSTRIAL ACCESSORY STRUCTURES

Means hose uses and structures incidental and subordinate to the industrial use of the land including: loading and unloading facilities and equipment, parking areas and shipping terminals; water and waste water treatment facilities and systems; incidental services swishes cafeterias; storage facilities and garages, sales office, showrooms, and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; the storage of fully operative fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the industrial use of the land.

INFRASTRUCTURE

Means facilities and services needed to sustain urban development and activities. Infrastructure includes water and sewer lines, streets and roads, communications, storm drainage improvements, water wells and waste water treatment facilities.

INSTITUTION

Shall mean all governmental, religious, and charitable organizations.

JUNIOR ACCESSORY DWELLING UNIT

Means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

JUNK YARD

Shall mean a site or portion of a site which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like; excepting a site where such uses are conducted with a completely enclosed structure and excepting a motor vehicle wrecking yard as defined in this section. An establishment for the sale, purchase or storage of used cars or salvaged machinery in operable condition and the processing of used or salvage materials as part of a manufacturing operation shall not be deemed a junk yard.

LABOR CAMP

Means living quarters including dwellings, tents, bunkhouses, maintenance of way cars, trailer coaches or other housing accommodations, maintained in connection with any work or place where work is being performed and the site on which they are located, and/or a site set aside and provided for camping of five or more employees by a labor contractor; excepting farm employee housing as defined in this chapter section.

LANDSCAPING

Shall mean the addition of lawns, trees, plants, and other natural and decorative features to land.

LOADING SPACE

Shall mean an off-street space or berth on the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress and egress.

LODGE OR CLUB

Means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render a service carried on as a business.

LOT LINE, FRONT

Shall mean the property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.

LOT LINE, REAR

Shall mean the property line opposite the front lot line.

LOT LINE, SIDE

Shall mean any lot lines other than front lot lines or rear lot lines.

LOT, CORNER (SEE EXHIBIT 67-1 FOR ILLUSTRATION OF LOT TYPES)

Shall mean a site bounded by two or more adjacent street lines which have an angle of intersection of not more than 135°.

LOT, COVERAGE

Shall mean the portion of the lot covered by buildings and structures.

LOT, FLAG

Shall mean a lot that typically does not front onto a public street but whose access to a public street is provided by a narrow strip of land upon which an easement for vehicular movement is provided.

LOT, INTERIOR (SEE EXHIBIT 67-1 FOR ILLUSTRATION OF LOT TYPES)

Shall mean a lot other than a corner lot.

LOT, KEY (SEE EXHIBIT 67-1 FOR ILLUSTRATION OF LOT TYPES)

Shall mean the first lot to the rear of a reversed corner lot whether or not separated by an alley.

LOT, REVERSED CORNER (SEE EXHIBIT 67-1 FOR ILLUSTRATION OF LOT TYPES)

Shall mean a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.

LOT, THROUGH (SEE EXHIBIT 67-1 FOR ILLUSTRATION OF LOT TYPES)

Shall mean a lot that fronts onto two parallel streets.

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. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

a.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

b.

Pets.

c.

The storage of possessions.

d.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

MANUFACTURING

Shall mean a process that involves and/or produces basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause impacts on surrounding land uses or the community. Also manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community.

MARIJUANA BUSINESS OPERATOR

Shall mean the commercial marijuana operation business owner and any other person designated by the marijuana operation business owner as responsible for the day to day marijuana operations.

MARIJUANA OPERATION BUSINESS OWNER

Shall mean the owner(s) of the marijuana operation. For corporations and limited liability companies, "business owner" means the president, vice president, and any shareholder owning a 10% or greater share of the corporation or company. For partnerships, marijuana operation business owner means all general partners and managing partners.

MARIJUANA ORDINANCE

Shall mean the ordinance adopting this section, and including the terms of this section, which may be commonly referred to as the City's "Commercial Marijuana Ordinance."

MARIJUANA PREMISES or SITE

Shall mean the actual building(s), and/or designated units/suites, as well as any accessory structures, parking areas, or other immediate surroundings, and includes the entire parcel of property.

MARIJUANA PREMISES OWNER

Shall mean all owners of the premises where marijuana operations are occurring.

MASSAGE ESTABLISHMENTS

Means any establishments wherein massage is given engaged in or carried on or permitted to be given, where the body is rubbed or there is any manipulation of the body or similar procedure given.

MEAN SEA LEVEL

Means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MEDIAN ISLAND

Shall mean a barrier placed between lanes of traffic flowing in opposite directions.

MEDICAL BUILDINGS

Means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy but not including offices for veterinarians.

MEDICAL MARIJUANA DISPENSARY

Means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: (1) a qualified patient, (2) a person with an identification card, or (3) a primary caregiver. All three of these terms are defined in strict accordance with California Health and Safety Code Sections 11362.5, and 11362.7 et seq. Unless otherwise regulated by this Code or applicable law, a "medical marijuana dispensary" shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the 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 Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Sections 11362.5 and 11362.7 et seq. Medical marijuana dispensaries are prohibited in all zones in Firebaugh.

MILE

Shall mean a linear measurement equal to 5,280 feet, or 1.6 kilometers.

MINOR DEVIATION

Shall mean a reduction of a zoning standard by up to 20% that can be processed administratively.

MINOR PLANNING REQUEST

Shall mean the temporary use of a structure or land, a deviation from a development standard of a district, addition of uses to a conditional use list, site plans for existing land uses, where the existing building is being expanded by less than 25% of the area of the building or use, or other minor planning requests that might be added to this chapter by the Planning Commission.

MIXED USE PROJECT

Shall mean a project that combines both commercial and residential uses, where the residential component is typically located above or behind the commercial.

MOBILE HOME

Shall mean a structure, transportable in one or more sections that is built on a permanent chassis and is designed to be used as a single-family dwelling unit with or without a foundation. Mobile home does not include a recreational vehicle, travel trailer, commercial coach, or factory-built home.

MOBILE HOME PARK

Shall mean a, area or parcel of land where three or more mobile homes or mobile home sites are rented or leased or held out for rent or lease for human habitation. Mobile home parks may contain accessory facilities: including recreation facilities; meeting rooms; parking lots for boats, recreational vehicles, and other vehicles; administrative offices and other accessory structures associated with mobile home parks.

MONOPOLE

Shall mean a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g., water tower).

MOTEL

Shall mean a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites or dwelling units, usually occupied on a transient basis and usually with garage attached or parking space located in proximity to each unit, where lodging is provided for compensation.

MOTOR VEHICLE WRECKING YARD

Shall mean a site or portion of a site on which the dismantling or wrecking of vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two or more motor vehicles which have not been capable of operating under their own power for 30 days or more or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard.

MURAL

Shall mean a permanent picture painted directly on an exterior wall or on panels affixed to exterior walls.

MURAL PROJECT PERMIT

Shall mean a permit issued by the City of Firebaugh to a private party authorizing the painting of a mural within the City of Firebaugh.

NEIGHBORHOOD

Shall mean an area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools or boundaries defined by physical barriers such as major highways, railroads, or natural features such as rivers.

NOISE

Means any undesired audible sound.

NON-COMMERCIAL AND RECREATIONAL MARIJUANA ACTIVITY

Shall mean all uses not included within the definition of Commercial Marijuana Operation, including the personal use, cultivation, or consumption of marijuana, whether medical or recreational.

NON-CONFORMING, STRUCTURE

Shall mean a non-conforming structure is a structure that was lawfully erected prior to the adoption of the Firebaugh Zoning Ordinance (Ordinance 246, 1965) but which does not conform with the standards of coverage, setbacks, height or distance between structures prescribed in the regulations for the district in which the structure is located.

NON-CONFORMING, USE

Shall mean a non-conforming use is a use of a structure or land that was lawfully established and maintained prior to the adoption of the Firebaugh Zoning Ordinance but which does not conform with the current use regulations for the district in which it is located.

NUDITY OR STATE OF NUDITY

Means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

NUISANCE

Shall mean an interference with the enjoyment and use of property.

NURSERY SCHOOL

Shall mean the use of a site or portion of a site for an organized program devoted to the education or day care of five or more pre-elementary school age children other than those residing of the site.

NURSING HOME

Shall mean a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids, or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home shall be deemed a nursing home.

OCCUPANCY FRONTAGE

Means a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location and which has direct pedestrian access through an exterior wall which is visible from the public right of way. This definition pertains to "signs" (see § 25-47).

OFF-PREMISES SIGNS AND BILLBOARDS

Means any sign not located on the same lot or project site as the use, product, or service it advertises.

OPEN AIR USE,

Means a use (such as vehicle sales) where merchandise or products are displayed or dispensed in the usual course of business from an open lot and not within an enclosed structure. This definition pertains to "signs" (see § 25-47).

OPEN SPACE

Means any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OPERATOR

Means and includes the owner, permit holder, custodian manager, operator or person in charge of any permitted or licensed premises. This definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11).

OUTDOOR ADVERTISING STRUCTURE

Shall mean a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.

OVERLAY ZONE

Shall mean a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the underlying zone.

PARCEL MAP

Shall mean the division of a lot, tract or parcel of land into four or fewer lots or parcels of land for sale, lease or financing. Commercial and industrial parcel maps may contain more than four lots.

PEDESTRIAN ACCESS

Means a doorway which has been designed for the primary use of the patrons or customers of that commercial use.

PENNANT

Means series of lightweight plastic, fabric, or other materials, suspended from a rope, wire, or string designed to move in the wind. Pennants shall not include banners as defined in this chapter or individual flags mounted on a single pole.

PERMITTED or UNLICENSED PREMISES

Means any premises that requires a license and/or permit that is classified as a sexually oriented business.

PERMITTED USE

Shall mean any use or activity allowed in a zoning district and subject to the development standards applicable to that zoning district.

PERMITTEE AND/OR LICENSEE

Means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

PERSON

Shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof. This definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11).

PITCH (OR PEAK)

Shall mean the highest point as in the highest point of a roof.

PLANNED UNIT DEVELOPMENT

Shall mean a residential, commercial, or industrial development which is designed and built as a planned unit pursuant to the provisions of the "P" Planned Unit District, § 25-39.

PLAT

Shall mean a map representing a tract of land, showing the boundaries and location of individual properties and streets; a map of a subdivision or site plan.

POLICE CHIEF

Shall mean the Police Chief of the City of Firebaugh or his or her designee.

PORCH

Shall mean a roofed open area, which may be glazed.

PRE-ZONING

Means to delineate the zoning of an unincorporated territory prior to annexation by the City.

PROJECTING SIGN

Shall mean a sign that projects from and is supported by a wall or a facade of a building and are also referred to as marquee signs.

PUBLIC BUILDING REGULARLY FREQUENTED BY CHILDREN

Means any building owned, leased or held by the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian This definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11).

PUBLIC HEARING

Shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to testify and participate.

PUBLIC PARK or RECREATION AREA

Means public land which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the City which is under the control, operation, or management of the city park and recreation authorities. This definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11).

RAILROAD RIGHT-OF-WAY

Shall mean a strip of land for the accommodation of main line or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.

RAIN SENSING DEVICE

Shall mean a system which automatically shuts off an irrigation system during periods of rain.

READER BOARD

Means a sign indicating the name, address and type of business of the businesses within a building.

REASONABLE ACCOMMODATION

Means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City or (2) require a fundamental alteration in the nature of the City's land use and zoning program.

RECORD DRAWINGS

Means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

RECREATIONAL AREA

Means an active play area, including sport fields, school yards, picnic grounds or other areas where sport, outdoor or recreational activities take place.

RECREATIONAL VEHICLE

Shall mean a motor home, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational purposes with a living area less than 220 square feet.

RECYCLABLE MATERIAL

Means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

RECYCLING COLLECTION FACILITY

Shall mean a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such facility shall not complete any processing except limited bailing, batching and the sorting of recyclable material and shall be classified as either a "small collection" or "large collection" facility.

RECYCLING FACILITY

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

RECYCLING LARGE COLLECTION FACILITY

Shall mean a collection facility which occupies an area of more than 200 square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk-type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.

RECYCLING PROCESSING FACILITY

Shall mean a building or enclosed space 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, impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

RECYCLING SMALL COLLECTION FACILITY

Shall mean a collection facility which occupies an area of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk-type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.

REGISTRATION

Shall mean completion of the requirements of this chapter to open a commercial marijuana operation in the City.

RELIGIOUS INSTITUTION

Means any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities, as identified on the latest equalized tax roll. This definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11).

RESIDENTIAL FACILITY or RESIDENTIAL CARE FACILITY

Means any family home, group care facility, or similar facility determined by the director, for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual as defined by the California Health and Safety Code Section 1502(a)(1). The operation of such a facility is considered a residential use as per California Health and Safety Code Section 1568.0831.

RESPONSIBLE PARTY

Shall mean the marijuana operation business owner, operator, manager(s), and any employee having significant control over the marijuana operations.

REST HOME

Shall mean a residential facility for six or more elderly or infirm persons, all of whom are independently mobile and do not require confinement or regular nursing or medical care on the premises. Rest home differs from a "convalescent hospital" in that it is expected to provide comfort, safety, social participation, and the maintenance of health and activity, but does not provide skilled nursing care for the ill.

RESTAURANT

Shall mean any building or structure in which food and drinks are prepared for service to customers within such structure.

RETAIL STORE

Shall mean a business selling goods, wares, or merchandise directly to the ultimate consumer.

REVOCATION

Means to rescind a planning decision made by the Planning Director, Planning Commission or City Council, based on findings that supported non-compliance of certain conditions of approval.

REZONE

Means to change the zoning classification on a parcel of land from one zone district to another.

RIGHT-OF-WAY

Shall mean a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.

ROOF LINE

Shall mean the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or minor raised portions of the roof.

ROOM

Shall mean an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.

SATELLITE DISH ANTENNA

Shall mean a satellite earth station consisting of a receiving component of a disc or similar configuration whose purpose is to receive television signals from orbiting satellites or other sources and a low-noise amplifier whose purpose is to magnify television signals.

SCHOOL

Means any public or private educational facility including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

SECONDHAND STORE

Shall mean a retail business which sells used merchandise.

SEMI-NUDE

Shall mean a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

SENIOR HOUSEHOLD

Means those units that have at least one person occupying the residential unit that is at least 55 years of age or older.

SENSITIVE LAND USES

Means residences and residential neighborhoods, child day care facilities, cemeteries, religious institutions, schools, boys' clubs, girls' clubs, or similar existing youth organizations, or public parks, or any public building regularly frequented by children. This definition pertains to "sexually oriented businesses" (see Zoning Ordinance Subsection 25-41.11).

SERVICE STATION

Shall mean a facility which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting and body work.

SETBACK

See "yard, front," "yard, rear," or "yard, side."

SETBACK LINE

Means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

SEWER

Means any pipe or conduit used to collect and carry away sewage from the generating source to the waste water treatment facility.

SEXUALLY ORIENTED BUSINESSES

Means those businesses defined as follows:

a.

ADULT ARCADEMeans an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

b.

ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STOREMeans a commercial establishment which (1) has as a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any for any form of consideration, of any one or more of the following:

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of description of "specified sexual activities" or "specified anatomical areas";

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."

c.

ADULT CABARETMeans a nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude or in a state of nudity or semi-nude; (b) live performances which are characterized by the exposure of "specified anatomical areas," or by "specified sexual activities", or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

d.

ADULT MOTELMeans a motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than 10 hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than 10 hours.

e.

ADULT MOTION PICTURE THEATERMeans a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

f.

ADULT THEATERMeans a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

g.

NUDE MODEL STUDIOMeans any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three days in advance of the class, and where no more than one nude model is on the premises at any one time.

h.

REGULARLY FEATURES OR REGULARLY SHOWNWith respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any 30-day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

i.

SIGNIFICANT OR SUBSTANTIAL PORTIONMeans such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25% or more of its revenues are derived from such sexually oriented activities or materials, or that 25% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 25% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in this section, Definitions, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.

SHALL

Is mandatory; and "may" is permissive.

SHOPPING CENTER

Means a group of two or more commercial uses planned and designed to function as an integral unit on a single parcel of contiguous parcels and which utilize common off-street parking and access, landscaping, loading facilities and points of ingress and egress.

SIGN AREA,

Means the geometric area of a sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other sign media. The area of individual signs shall be measured as follows (see also Exhibit 67-3):

a.

SIGN FACES COUNTEDWhere a sign has two faces containing sign copy, which are oriented back to back and separated by not more than 24 inches at any point, the area of the sign shall be measured using one sign face only.

b.

WALL-MOUNTED LETTERSWhere a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area of a rectangle within which all letters and words can be enclosed.

c.

THREE-DIMENSIONAL SIGNSWhere a sign consists of one or more three-dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen.

SIGN COPY

Means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.

SIGN FACE

Means the panel surface of a sign which carries the advertising or identification message.

SIGN STRUCTURE

Means any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign.

SIGN, A-FRAME

See "sandwich board sign."

SIGN, ALLEY-SIDE

Shall mean a sign placed on the wall of a building that faces onto or abuts a public alley.

SIGN, ANIMATED

Shall mean a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion.

SIGN, AWNING

Shall mean a sign applied to an awning or canopy that is attached to a building (see Exhibit 67-2 for illustration of sign types).

SIGN, CANOPY

See "awning sign."

SIGN, CHANGEABLE COPY

Shall mean a sign or portion thereof 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 only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" sign and not a changeable copy sign for purposes of this chapter.

SIGN, DIRECTIONAL (SEE EXHIBIT 67-2 FOR ILLUSTRATION OF SIGN TYPES)

Means signs giving only information and direction to the viewer and containing no advertising message;

SIGN, DIRECTORY

Shall mean a sign typically used to list individual businesses in a multi-tenant complex or center.

SIGN, EXTERNALLY ILLUMINATED

Shall mean a sign which has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign.

SIGN, INTERNALLY ILLUMINATED

Means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign.

SIGN, NONCONFORMING

Means any sign which was lawfully erected or maintained prior to the time of adoption of this title.

SIGN, PEDESTRIAN-ORIENTED

Shall mean a sign which is specifically located and designed to be viewed from a pedestrian right-of-way.

SIGN, POLITICAL

Means a sign advertising a candidate for political office, a political party or a measure scheduled for an election.

SIGN, PORTABLE

Shall mean a sign which is capable of being carried or moved by manual or mechanical means from one location to another and which is not affixed to the ground, a structure, or a vehicle.

SIGN, SANDWICH BOARD (SEE EXHIBIT 67-2 FOR ILLUSTRATION OF SIGN TYPES)

Shall mean a portable sign with advertising messages mounted on two surfaces with two edges connected and the other two edges spread so that the two faces read from different directions.

SIGN, SPECIAL EVENTS

Means any sign advertising specific temporary events, such as carnivals, festivals, exhibits, and parades, but not including promotional sales or grand opening signs.

SIGN, SUBDIVISION or MULTIPLE HOUSING ENTRANCE SIGN

Shall mean a sign identifying the name of a subdivision or multiple housing projects and consisting of letters or symbols attached to a wall or a fence or freestanding sign located within the boundaries of a recorded and developed subdivision or multiple housing projects.

SIGN, TEMPORARY (SEE EXHIBIT 67-2 FOR ILLUSTRATION OF SIGN TYPES)

Shall mean a sign designed to be used for short periods of time, as opposed to a permanently-mounted sign such as a freestanding sign or wall sign.

SIGN, WIND

Means any display of streamers, pennants, whirligigs or similar devices made of flexible lightweight material, strung together or attached in such a manner as to move by wind pressure.

SIGN, WINDOW (see Exhibit 67-2 for illustration of sign types)

Shall mean a sign mounted within or on a window.

SINGLE ROOM OCCUPANCY UNIT

Shall mean a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.

SITE

Shall mean a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

SITE AREA

Shall mean the total horizontal area included within the property lines of a site.

SITE DEPTH (see Exhibit 67-4 for illustration of site width and depth)

Means the horizontal distance between the front and rear property lines of a site measured along a line midway between the front side property line.

SITE PLAN

Shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See § 25-53 for requirements.

SITE PLAN REVIEW

Shall mean the review by the commission or its authorized agent of a site plan and other studies to assist the commission or agent to determine the manner in which the applicant intends to make use of his property.

SITE WIDTH (see Exhibit 67-4 for illustration of site width and depth)

Means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

SLIMLINE MONOPOLE

Shall mean a single, slim antenna pole not exceeding 1.5 feet in diameter at the base of the antenna or pole and one foot in diameter at the top of the antenna or pole.

SLOPE

Shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of 100 feet with a rise of 50 feet would be expressed as a 2:1 slope. (See also "grade" and "top and toe of slope.")

SOCIAL REHABILITATION FACILITY

Means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling.

SPECIFIC PLAN

Shall mean a plan for a designated area within the City, based on the general plan, but containing more detailed regulations and programs as provided in Section 65450 and following of the California Government Code.

SPECIFIED ANATOMICAL AREAS

As used in this chapter means and includes any of the following:

a.

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

b.

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

SPECIFIED SEXUAL ACTIVITIES

As used in this chapter, means and includes any of the following:

a.

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

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Masturbation, actual or simulated;

d.

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

e.

Excretory functions as part of or in connection with any of the activities set forth in Subsections a through d of this definition.

STABLE

Shall mean a detached accessory structure including but not limited to a corral or paddock for the keeping of one (1) or more horses owned by the occupants of the premises, and which are not kept for remuneration, hire or sale.

STATE

Shall mean the State of California.

STOCK YARD

Means an enclosed area where animals are temporarily held for concentrated feeding or display preliminary to slaughtering, shipping or resale.

STORMWATER RUNOFF

Means water flowing from impervious surfaces and entering Firebaugh's stormwater drainage system, which is a series of curbs and gutter, drop inlets, storm drainage pipes, basins and waterways.

STORY

Shall mean a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.

STREET

Shall mean a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land.

STREET, ARTERIAL

Shall mean a street with signals at important intersections and stop signs on side streets, and which collects and distributes traffic to and from collector streets.

STREET, COLLECTOR

Shall mean a street that collects traffic from local streets and connects with minor and major arterials.

STREET, CUL-DE-SAC

Shall mean a street with a single common ingress and egress and with a turnaround at the end; non-through streets that serve local neighborhoods.

STREET, DEAD END

Shall mean a street with a single common ingress and egress.

STREET, LOCAL

Shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic; narrow streets that serve local neighborhoods.

STRUCTURAL ALTERATION

Shall mean any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls, or similar components.

STRUCTURE

Means any object constructed, installed, or placed on real property by man, including, but not limited to buildings, towers, smokestacks, and overhead lines.

STRUCTURE, ACCESSORY

Shall mean a detached subordinate structure located on the same site with the main structure or main use, the use of which is customarily incidental to that of the main structure or the main use of the land.

STRUCTURE, MAIN

Shall mean a structure housing the principal use of site or functioning as the principal use.

STRUCTURE, TEMPORARY

Shall mean a structure which is readily movable and used or intended to be used for a period not to exceed 90 consecutive days.

SUBDIVISION

Means the division of a lot, tract or parcel of land into five or more lots or parcels of land for sale, lease or financing.

SUBSTANTIAL DAMAGE

Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

a.

Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

b.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS

Means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this ordinance.

SUPPORTIVE HOUSING

Means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as defined in subdivision (g) of Section 65582 of the California Government Code.

SWIMMING POOL

Shall mean any permanent structure containing a body of water intended for recreational uses, and shall include wading pools.

TARGET HOUSEHOLDS

Means very-low-income, low-income, or senior citizen households.

TELECOMMUNICATIONS TOWER

Shall mean a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure designed and primarily used to support wireless telecommunications facility antennas.

TEMPORARY SUBDIVISION SIGN

Means a sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor and/or subdivider, the name of the owner and/or agent, and giving information regarding directions, price or terms concerning the sale or lease of parcels within the subdivision.

TENT REVIVAL

Shall mean a religious meeting or series of meetings which are often evangelistic in nature and are conducted within a non-permanent structure such as, but not limited to, a collapsible shelter of canvas or other material stretched and sustained by poles.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS

Means and includes any of the following:

a.

The sale, lease or sublease of the business; or

b.

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

TRANSITIONAL HOUSING

Means buildings configured as rental housing developments, but operated under program requirements that require for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time, which shall be no less than six months, as defined in subdivision (j) of Section 65582 of the California Government Code.

TRAVEL TRAILER

Shall mean a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a permit or chauffer's license or both, without violating any provision of the California Vehicle Code.

TRIP

Shall mean a single or one-way vehicle movement either to or from a subject property or study area.

TRIP GENERATION

Means the total number of trip ends produced by a specific land use or activity.

TRUCK SERVICE STATION

Shall mean an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "automobile service station."

URBANIZATION

Means the development of land for non-agricultural purposes, including but not limited to, residential, commercial, industrial, and institutional land uses.

USE

Shall mean the purpose for which land or structures thereon is designed, arranged or intended to be occupied or used or for which it is occupied, maintained, rented or leased.

UTILITY INFRASTRUCTURE

Means pipelines for 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.

UTILITY POLE

Means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

VACANCY RATE

Means the number of uninhabited dwelling units that are available and suitable for occupancy expressed as a ratio to the total number of housing units.

VARIANCE

Means permission to deviate from the literal requirements of the development standards of a zone district.

VERY-LOW-INCOME HOUSEHOLD

Means those units targeted for this category of household that shall be affordable at a rent that does not exceed 30% of 50% of the Fresno County median income.

VETERINARY CLINICS, ANIMAL HOSPITALS, AND KENNELS

Means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.

WAREHOUSING

Shall mean a building or buildings used for the storage of goods, of any type, when such building or buildings contain more than 500 square feet of storage space, and where no retail operation is conducted. Also see "wholesaling."

WATERCOURSE

Shall mean a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

WIRELESS TELECOMMUNICATIONS FACILITY, FACILITY or FACILITIES

Shall mean any facility that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. The term "wireless telecommunications facility" does not apply to the following:

a.

Emergency medical care provider-owned and operated telecommunications facilities.

b.

Mobile services providing public information coverage of news events of a temporary nature.

c.

Any wireless telecommunications facilities exempted from this Code by federal law or state law.

WIRELESS TELECOMMUNICATIONS SERVICES

Shall mean the provision of services using a wireless telecommunications facility or a wireless telecommunications collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.

YARD

Means an open space on the same site as a structure other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

YARD, FRONT (see Exhibit 67-5 for illustration of yard types)

Shall mean a yard extending across the full width of the site or lot between the front lot line and the nearest line or point of the main structure.

YARD, REAR (see Exhibit 67-5 for illustration of yard types)

Shall mean a yard extending across the full width of the side of a lot between the rear lot line and the nearest line or point of the main structure.

YARD, SIDE (see Exhibit 67-5 for illustration of yard types)

Shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main structure.

ZONING

Means the division of a municipality into districts, and the regulation within those districts of the height, appearance, and bulk of buildings and structures; the area of a lot which may be occupied and the size of required open spaces; the density of population; and the use or buildings and land for commercial, agricultural, industrial, residential or other purposes. The term "zoning" shall be synonymous with the term "classification" and the term "zone" shall be synonymous with the term "district."