Hayward Municipal Code Art. 10-28.6 Definitions

This Division describes and classifies land uses and terms that apply to the Downtown Specific Plan and Code. This Division supplements, and supersedes, if in conflict with, the terms defined in Section 10-1.3500 (Definitions) in the Hayward Code.

Editor's note— Ordinance 26-06, § 1(Att. IV(Exh. J), adopted May 5, 2026, repealed § 10-28.6.1.020, which pertained to land use. See Code Comparative table for complete history.

A. A-Definitions.

Adjacent. Sharing a common property line, or with property lines separated only by an alley.

Adjacent Buildings. Two or more buildings located upon adjacent lots.

Allowed Use. Uses that are allowed by right and are not subject to the conditions of approval, mandatory review periods, or expiration periods as required for Conditional Use Permits or Administrative Use Permits.

Applicant. Any person who is filing an application requesting an action who is:

a. The owner or lessee of property;

b. A party who has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Code, and who presents written authorization from the property owner to file an application with the City; or

c. The agent of either of the above who presents written authorization from the property owner to file an application with the City.

Approval. Includes both approval and approval with conditions by a review authority of the City.

Architectural Features. Exterior building elements intended to provide ornamentation to the building massing, including, but not limited to, eaves, cornices, bay windows, oriels, window and door surrounds, light fixtures, canopies, and balconies.

Awning. A roof or cover which projects from a wall of a building over a window or door, made of canvas, metal or wood, which may be fixed in place or be retractable.

B. B-Definitions.

Bay Window. A window that projects from the building facade or elevation that begins on the ground floor and can extend to upper floors.

Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade (see Grade), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling.

Block. An area of land separated from other areas by adjacent streets, railroads, rights of-way, or public areas.

Block Face. The horizontal distance measured from one end of the block to the other end along the same right-of-way.

Block Perimeter. The aggregate of all sides of a block measured along the adjacent right-of-way.

Building. A habitable structure requiring a certificate of conformance, which consists of one or more of the following foundations that surround an interior space: floors, walls, and roofs. May include, but is not limited to, exterior appurtenant structures such as porches and decks.

1. Block-Scale. A building that is individually as large as most or all of a block or when arranged together along a street, appear as long as most or all of a block.

2. Existing. See Structure, Existing.

3. House-Scale. A building that is within the range of size of a small to large house and set apart from other buildings with setbacks.

4. Primary. A building in which the primary use is conducted.

Buildable Area. The area in which a building is allowed to be constructed.

Building Elevation. The exterior wall of a building not adjacent to a public right-of-way, the front or side along a private street, or civic space.

Building Entrance. A point of pedestrian ingress and egress to a building.

Building Facade. The exterior wall of a building adjacent to a public right-of-way, the front or side along a private street, or civic space.

Building Form. The overall shape and dimensions of a building.

Building Frontage, Primary. The length of the property line of any one premises parallel to and along each public right-of-way which it borders and is identified by an address.

Building Type. A structure defined by its combination of configuration, disposition and function.

C. C-Definitions.

Carriage Building. See Section 3.3.040 (Carriage Building).

City. The City of Hayward.

City Engineer. The City Engineer of the City of Hayward.

Civic Space. Land that is improved for civic gathering purposes.

Courtyard Building. See Section 3.3.110 (Courtyard Building).

Cottage Court. See Section 3.3.070 (Cottage Court).

Council. The City Council of the City of Hayward.

D. D-Definitions.

Director. The Planning Director of the City of Hayward.

Detached House. See Section 3.3.050 (Detached House).

Distance Between Entries. The horizontal distance measured parallel to the building facade between entrances to a building or buildings.

Driveway. A vehicular lane within a design site or shared between two sites leading to a garage, or other approved parking or loading area.

Duplex. See Section 3.3.060 (Duplex).

E. E-Definitions.

Encroachment. Any architectural feature, structure or structural element, such as a gallery, fence, garden wall, porch, stoop, balcony, oriel window, bay window, terrace or deck, that breaks the plane of a vertical or horizontal regulatory limit extending into a setback, or beyond the zero lot line into the public frontage, or above a height limit.

Entry. An opening, such as a door, passage, or gate, that allows access to a building.

F. F-Definitions.

Facade. The vertical surface of a building, generally placed facing a street ("front facade").

Facade Zone. The area between the minimum and maximum setback lines along the front of a parcel and along the side street of a corner parcel.

Facility. An improvement, structure or building that is designed and used for a particular purpose.

Fence. A structure made of wire, wood, metal, masonry, or other material, and typically used as a screen or enclosure for a yard or open space or as a divider along a lot line.

Footprint. The outline of the area of ground covered by the foundations of a building or structure.

Footprint Area. The total square footage contained within a footprint.

Frontage. A strip or extent of land abutting a thoroughfare, civic space, or other public right-of-way. See Figure 1 (Frontage).

1. Private. The area between the building facade and the shared lot line between the public right-of-way and the lot.

2. Public. The area between the curb of the vehicular lanes and shared lot line between the public right-of-way and the lot.

[Figure: Figure 6.1.030.1 Frontage]

Figure 6.1.030.1 Frontage

G. G-Definitions.

Gable. A vertical wall in the shape of a triangle formed between the cornice or eave and the ridge of the roof.

Glazing. Openings in a building in which glass is installed.

Grade. 1.

Existing. The grade of a site before it is modified by moving earth, adding or removing fill, or installing a berm, retaining wall, or architectural or landscape feature. The development services director may require an applicant to provide a third-party report that shows the existing, or natural grade, of a site.

2. Finished. The finished ground level at any point along the exterior walls of a structure. If walls are parallel to and within five feet of a sidewalk, alley or other public way, the level above ground must be measured at the elevation of the sidewalk, alley or public right-of-way.

Gross Floor Area. The total floor area inside the building envelope, including the external walls, but not including the roof.

Ground Floor. The floor of a building located nearest to the level of the existing grade around the building.

H. H-Definitions.

Hayward Code. The City of Hayward's Code of Ordinances.

Height. See Figure 2 (Height).

1. Ground Floor, Finished Floor. Height from finished floor to finished ceiling of primary rooms on the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.

2. Ground Floor, Floor-to-Ceiling. Height from finished floor to finished ceiling of primary rooms on the floor(s) above the ground floor, not including secondary rooms such as bathrooms, closets, utility rooms, and storage spaces.

3. Primary Building. Height can be determined in two ways: to eave/parapet or maximum overall height.

a. Overall. The vertical distance measured from the midpoint of the lowest and highest points of the structure adjacent to the finished grade to the highest point of the structure.

b. Eave/Parapet. The vertical distance measured from the midpoint of the lowest and highest points of the structure adjacent to the finished grade to the highest eave of the building or top of parapet wall.

4. Number of Stories. The number of stories in a structure allowed above grade. A half story is defined as usable living space contained within a sloping roof where the wall plates on at least two opposite exterior walls do not exceed four feet in height.

[Figure: Figure 6.1.030.2 Height]

Figure 6.1.030.2 Height

I. I-Definitions.

Impervious Surface. A surface compacted or covered with a layer of material so it is highly resistant to infiltration of water.

J. J-Definitions. No specialized terms beginning with the letter J are defined at this time.

K. K-Definitions. No specialized terms beginning with the letter K are defined at this time.

L. L-Definitions.

Lined Building. See Section 3.3.140 (Lined Building).

Lot. A division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded map, or by metes and bounds and includes the terms "plat" and "parcel." See Figure 3 (Lot).

1. Corner. A lot that abuts the intersection of two or more streets at an angle of not more than 135 degrees. Where the angle of intersection exceeds 135 degrees, the area abutting the two streets shall be a front yard.

2. Interior. A lot which is not a corner lot.

[Figure: Figure 6.1.030.3 Lot]

Figure 6.1.030.3 Lot

Lot Coverage. The percentage of total lot area occupied by structures and impervious surfaces.

Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The Director shall determine lot depth for parcels of irregular configuration.

Lot Frontage. The lot line(s) of a lot fronting a thoroughfare, other public way, or a civic space.

Lot Line. Any recorded boundary of a lot.

1. Front.

a. On an interior lot, the property line separating the lot from the street.

b. On a corner lot, the shorter property line abutting a street. If the street-fronting lot lines of a corner lot are equal in length, the Director shall determine the front lot line.

c. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line

2. Rear. The lot line which is opposite and furthest from the front lot line and does not intersect the front lot line. In the case of an irregular or triangle lot, the rear lot line is parallel to and at a maximum distance from the front lot line, having a minimum length of 10 feet.

3. Side. Any lot line that is not a front lot line or a rear lot line.

Lot Width. The horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. The Director shall determine the lot width of an irregularly shaped lot.

Lot Width (Net). The lot width exclusive of driveways, right-of-ways, and easements.

M. M-Definitions.

Main Street (building). See Section 3.3.130 (Main Street Building).

Mid-Rise. See Section 3.3.150 (Mid-Rise Building).

Multiplex. See Section 3.3.080 (Multiplex: Small) and Section 3.3.090 (Multiplex: Large).

N. N-Definitions. No specialized terms beginning with the letter N are defined at this time.

O. O-Definitions.

Oriel Window. A window that projects from the building facade, located on upper floors and may extend for multiple stories.

P. P-Definitions.

Primary Street. A street intended to serve as the principal frontage for a project, to which the front facade and primary building entrance is oriented. Primary streets are intended to provide the greatest degree of pedestrian orientation and access, with less emphasis on vehicular access where it can be avoided.

Primary Use. The main purpose for which a lot is developed and occupied. Also, a principal use.

Q. Q-Definitions. No specialized terms beginning with the letter Q are defined at this time.

R. R-Definitions.

Regulating Plan. A map for a development that identifies transect zones to be applied to replace the existing zones and that identifies the civic and open space types, thoroughfare types, building types, and frontage types for the development. Upon approval of the development, the regulating plan's content is incorporated into the Hayward Zoning Map.

Review Authority. The individual or official City body (e.g., Planning Director, Planning Commission, City Council) identified by this Code as having the responsibility and authority to review and approve or deny a permit application.

Right-of-way. The strip of land dedicated to public use for pedestrian and vehicular movement, which may also accommodate public utilities, that is either publicly owned or subject to an easement for right-of-way purposes benefiting the general public. Right-of-way typically includes streets, alleys, sidewalks, landscape areas, and drainage facilities.

Rowhouse. See Section 3.3.100 (Rowhouse Building).

S. S-Definitions.

Screening. Landscaping, decorative fencing, architectural features, or wall, as allowed by the Downtown Zone, to obstruct the public view of either private area on a design site or of mechanical/utilitarian equipment that does not contribute positively to the streetscape.

Setback. The area measured from the lot line to a building facade or elevation that must be maintained open and unobstructed from finished grade to sky with the exception of specifically permitted encroachments. See Figure 4 (Setback).

1. Front. An area extending the full width of a lot between the front lot line and the front setback line.

2. Side. An area extending the full width of a lot between the side lot line and the side setback line.

3. Street Side. An area extending the full width of a lot between the street side lot line and the street side setback line.

4. Rear. An area extending the full width of a lot between the rear lot line and the rear setback line.

5. Parking. The mandatory clear distance between a lot line and parking.

[Figure: Figure 6.1.030.4 Setback]

Figure 6.1.030.4 Setback

Site Plan. A plan that is to scale and illustrates the proposed physical changes on a lot.

Stacked Flats Building. See Section 3.3.120 (Stacked Flats Building).

Stacking area. The stacking area is the space occupied by vehicles queueing for the service to be provided in a drive-through business.

State. The State of California.

Structure. Anything constructed or erected, except fences not exceeding six feet in height, which requires permanent location on the ground or is attached to something having location on the ground.

1. Accessory. A subordinate structure, the use of which is incidental and secondary to that of the main structure on the same lot. "Accessory structure" does not mean "Accessory Dwelling Unit."

2. Existing. A structure legally erected prior to the effective date of this Ordinance, or one for which a valid legal Building Permit has been issued before this effective date of this Ordinance.

T. T-Definitions. No specialized terms beginning with the letter T are defined at this time.

U. U-Definitions.

Use. The specific purposes for which land or a building is designated, arranged, or intended, or for which it is or may be occupied or maintained.

Unit. See "Dwelling Unit."

V. V-Definitions. No specialized terms beginning with the letter V are defined at this time.

W. W-Definitions. No specialized terms beginning with the letter W are defined at this time.

X. X-Definitions. No specialized terms beginning with the letter X are defined at this time.

Y. Y-Definitions. No specialized terms beginning with the letter Y are defined at this time.

Z. Z-Definitions. No specialized terms beginning with the letter Z are defined at this time.

(Amended by Ordinance 24-01, adopted Jan. 23, 2024; Amended by Ordinance 25-02, § 1(Exh. D), adopted January 21, 2025)