Sec. 2501 - Definitions

Sec. 2501. Definitions. This article defines terms and phrases used in this Development Code that are technical or specialized, or which may not reflect common usage. If any of the definitions in this article conflict with others in the Kings County Code of Ordinances , these definitions shall control only for the provisions of this Development Code. If a word is not defined in this article or in provisions of the Development Code, the Zoning Administrator shall determine the appropriate definition. Additional definitions which are unique to land subdivisions are contained in Article 23 of this Development Code for ease of use. Note: If the context suggests that a term or phrase used in this Development Code is intended to have a meaning different from the meaning provided in this Article, the construction of the term or phrase that best promotes the objects and achieves the purposes of this Development Code shall control.

Abandoned Use: A business or other use which has discontinued operations and/or vacated the site, or abandoned the use, for more than six months. (NOTE: Dairies, dairy calf and heifer raising facilities, animal sales and stock feeding yards, or poultry keeping and raising operations located within AG-20, AG-40, AX and AL-10 zoning districts may discontinue operations for a period of time not to exceed two years and reactivate operations at the same herd or flock size and in the same facility without first obtaining a new Conditional Use Permit or Site Plan Review. See Article 4, Section 414.B of this Development Code).

Access Drive : A private road or way, which provides durable, dustless access from a public road or way to a structure or site. (See Kings County Improvement Standards )

Access Lane : An access road to one or more parcels. (See Kings County Improvement Standards ).

Accessory Dwelling Unit (ADU): Means an attached or a detached residential dwelling unit which 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. In a single-family or multifamily residential zoning district an accessory unit may also includes the following:

• a. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

• b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

An ADU has the following types of variations:

1. Detached: The unit is separated from the primary residence

2. Attached: The unit is attached to the primary residence

3. Converted Existing Space: Space (ex: accessory structure) on the lot of the primary residence that is converted into an independent living unit.

4. Junior Accessory Dwelling Unit (JADU): 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.

(Ord. No. 668-1-17, §63, 3/28/17)

Accessory Kitchen : An additional kitchen either attached or detached to the primary dwelling that is not associated with a second dwelling unit and is used for entertaining, for hobby purposes, or as part of a home occupation.

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Accessory Living Quarters: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises or persons employed on the premises. Such quarters shall have no kitchen facilities and shall not be rented. Occasional short term visitors and guests of any permanent occupant of the premises may occasionally occupy accessory living quarters.

Accessory Structure or Building: A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure or use. Physically detached means independent of any type of substantial connection with the primary structure. A substantial connection means having a continuous connecting roof. For the purposes of this Development Code, typical accessory structures include: (@ - Denotes agricultural use only)

Figure 25-1 Accessory Structure

Accessory Use: See “Incidental Use”

Adaptive Reuse: The process of adapting old structures for new purposes with the intent of preserving the original structure when the former function of the building ceases or becomes obsolete.

Agent: A person who is authorized to act for, or in the place of, the applicant or property owner.

Agricultural Operation: Shall include, but not be limited to, a commercial endeavor using normal, usual, customary, and legal practices for the cultivation and tillage of the soil during the production, irrigation and frost protection, growing, harvesting and processing of any agricultural commodity, including viticulture, hydroponics, horticulture, timber, apiculture, aqua-culture; dairy operations; the raising of livestock, fur-bearing animals, fish farming, poultry raising or keeping; and any commercial agricultural practices performed by any farmer on land that farmer owns or currently leases or rents that is incidental to or in conjunction with such farming operations including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

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Agricultural Produce Processing and Shipping Facility: Processing plants and facilities for food, feed, and fiber, which convert raw agricultural produce that is grown or raised on farmland to a ready-for-market condition by canning, bottling, cooking, mixing, combining, cutting, crushing, packing, packaging, or some other form of processing, excluding the processing for fuel. Examples of this use include canneries, wineries, slaughterhouses and other similar facilities. Shipping facilities move processed goods to another location such as a warehouse, wholesale facility, or retail facility.

Agricultural Service Establishment: Agricultural service establishments are businesses that don’t directly result in the production of a crop but are directly related to agriculture and primarily engage in performing agricultural, animal husbandry or horticultural services for the grower on a fee or contract basis. Examples of this use include harvesting of crops, picking, sorting, shelling, or packing of fruits, nuts, vegetables or other produce, seed cleaning and storage, and agricultural trucking operations moving raw goods from the field to a processing facility. Agricultural service establishments do not include the processing of agricultural products, manufacturing of agricultural products, or providing tangible goods except those sold directly to farmers and used specifically to aid in production of livestock or crops. Agricultural Worker: See “Farm Employee”.

Aircraft Landing Strip: An area of land that is used or intended to be used for the landing and takeoff of aircraft of 12,500 pounds or less, maximum certified take-off weight.

Alcohol Beverage Sales - Off-site: The sale of beer and wine (off-sale beer and wine) or of all types of alcoholic beverages, including beer and wine (off-sale general), in their original, sealed containers for consumption off the premises.

Alcohol Beverage Sales - On-site: The sale of beer and wine (on-sale beer and wine) or of all types of alcoholic beverages, including beer and wine (on-sale general), for consumption on the premises.

Alley: A public way permanently dedicated or reserved as a secondary means of access to abutting property.

Alter: 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.

Animal Hospital: A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use, and within an enclosed sound-proof structure.

Animal Rescue Shelter: An activity operating as a tax exempt entity under the provisions of 26 USC Section 501(c)(3) for the purpose of providing care and placement for stray dogs and cats as an alternative to euthanasia.

Animal Unit: One mature horse or cow or as many animals as consume an equivalent amount of feed as a mature horse or cow. Some animal equivalents are shown in Table 25-1 below:

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Apartment: A room or set of rooms with housekeeping facilities leased as a dwelling unit.

Apartment House: A building or portion thereof, that is designed, built, rented, leased, let or hired out to be occupied, or that is occupied as a home or residence of two or more households living independently of each other and doing their own cooking in an independent unit of said building.

Apartment Hotel: A combined multiple dwelling and hotel which contains both individual guest rooms and dwelling units.

Apiary: A collection of bee hives or colonies of bees kept for their honey.

Applicant: Owner(s) of property who seek(s) to obtain a permit or other land use approval or a change in a land use regulation. As used in this definition, the term “owner” includes a title owner, lessee, person who has contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or the authorized agent of such persons.

Automobile and Truck Repair Service Stations : An establishment which provides minor and or major vehicle maintenance of vehicles up to and including one-ton rated capacity:

• a. Retail sale of oil, tires, batteries and new accessories

• b. Vehicle washing, including mechanical car wash or steam cleaning

• c. Incidental waxing and polishing

• d. Tire changing and repairing, but not including recapping

• e. Battery service, charging and replacement, but not including repair or rebuilding

• f. Radiator cleaning and flushing

• g. Installation of minor accessories

• h. Lubrication of motor vehicles

• i. Brake adjustment, replacement of brake cylinders, brake fluid lines and brake shoes

• j. The testing, adjustment and replacement of motors or motor parts and accessories

• k. Vehicle interior components and or parts

• l. Vehicle body repair

• m. Vehicle glass replacement

• n. SMOG testing and reporting

Automobile Wrecking Yard: See “Motor Vehicle Wrecking Yard”

Automated Teller Machines (ATM): Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

Aviary: Any place where more than 15 domestic and/or non-domestic birds are kept outside.

Avigation Easement: A conveyance of airspace over another property for use by the airport. It is used to secure airspace for airport and runway approach protection and for noise compatibility programs.

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Bar: An establishment primarily devoted to the serving of alcoholic beverages and in which the food service, if provided, is only incidental to the consumption of such beverages.

Base Zone: The primary zoning, as distinguished from an overlay zone, that applies to a parcel of land as shown on the zoning map. See “Zoning District”.

Basic Animal Shade Structure: An open-sided structure erected within an existing corral on an existing dairy or other existing confined animal feeding facility which is simply intended to shield animals from the sun. Such structures shall not include feed lanes, shall not be intended for human habitation, and shall not cover areas in which humans perform work or other functions. The property owner shall obtain an agricultural exemption and building permit prior to construction.

Billboard: Shall mean the same as "Outdoor Advertising Structure".

Biomass Energy: Biomass power comes from plants - crop and forest residues, corn kernels and stalks, energy crops, perennial grasses, and fast-growing trees like poplars, to name a few. It can be used to make liquid biofuels that serve as alternatives to oil, or to produce heat or electricity to power our homes.

Bioswale: Storm water runoff conveyance systems that provide an alternative to storm sewers. They can absorb low flows or carry runoff from heavy rains to storm water inlets or directly to surface waters. Bioswales or vegetated swales improve water quality by infiltrating the first flush of storm water runoff and filtering the large storm flows they convey.

Figure 25-2 Bioswale/Vegetated Swale

Boarding or Rooming House: A residence/dwelling, other than a hotel/motel/long-term stay, wherein a room or rooms, with or without individual or group cooking facilities, are rented to five or more individuals under separate rental agreements or leases. The rental agreement may be either written or oral, or implied. The owner, owner’s agent, representative or manager, or family may or may not live in residence. The definition does not include assisted living facility where medical services are involved or group housing or homes.

Body Piercing: The creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, naval or eyebrow. Body piercing does not include piercing an ear with a disposable single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear a method commonly used in jewelry and department stores to pierce ears.

Bond: A performance and/or payment bond in favor of Kings County provided at the expense of a project applicant to cover any exposure to potential extraordinary costs and require an applicant to reimburse the County for, and to provide the County indemnification against, extraordinary costs associated with the review and processing of an application and the administrative and legal defense of the County’s actions. (See Article 1, Section 112.)

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Borrow Pit: Excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster shall not be included.

Brewpub: A restaurant with a microbrewery as an accessory use where the beer it produces is sold in draft form exclusively at its own premises. This operation may sell other supplier's beer, including other hand - crafted or micro - brewed beers as well as wine to patrons for consumption on its premises. The premises is defined as a "bona fide public eating place" by the State of California Department of Alcoholic Beverage Control. Off-sale of alcoholic beverages shall be limited to beers brewed on-site.

exclusively at its own premises. This operation may sell other supplier's beer, including other hand - crafted or micro - brewed beers as well as wine to patrons for consumption on its premises. The premises is defined as a "bona fide public eating place" by the State of California Department of Alcoholic Beverage Control. Off-sale of alcoholic beverages shall be limited to beers brewed on-site.

Buffer: A strip of land established to separate incompatible or different land uses. Normally a buffer area is landscaped and retained as open space. The term may be used more broadly to describe any area or use that separates two unlike land uses, such as the use of multifamily housing between single-family housing and commercial uses. Buffers are also used to shield or block noise, light, glare, or visual or other conditions, or to reduce air pollution, dust, dirt, and litter.

Building:

a. A permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind.

b. Mobile homes, unless permanently immobilized in accordance with state and county regulations, and other vehicles, shall not be deemed to be buildings.

c. Any structure used for or intended for supporting or sheltering any use or occupancy.

Building Area: The sum in square feet of the ground areas occupied by all buildings and structures on a lot.

Building Frontage: See definition under “Additional Signage Terms” under the definition of “Sign” below.

Building Height: The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys, ventilators and aerials.

Building, Main: A building within which is conducted the principal use permitted on the lot or site as provided by this Development Code.

Building Setback Line: The minimum distance as prescribed by this Development Code between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto.

Building Site: The ground area of one or more lots, as defined herein, when used in combination for a building or permitted group of buildings together with all open spaces as required by this Development Code.

California Environmental Quality Act (CEQA): See Public Resources Code section 21000, et seq. and corresponding regulations found at California Administrative Code, title 14, section 15000, et seq.

California Redemption Value: A fee paid at time of purchase on sales of certain recyclable beverage containers in California which is redeemed through recycling of the containers.

Camp: A site or portion of a site which is used or intended to be used for temporary occupancy by persons living in tents, trailer coaches or similar quarters; excepting a labor camp, farm employee housing and a recreational vehicle park as defined in this Section. Such camp may be publicly or privately owned and operated.

Carport: An accessory structure or portion of a main structure open on two or more sides designed for the sheltering or storage of motor vehicles, without full enclosure.

Caretaker: A person residing on the premises of an employer to assume the responsibility for the repair, maintenance, supervision or security of the real or personal property of the employer which is located on the same or contiguous lots or parcels of land.

Caretaker Quarters: A residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

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DEVELOPMENT CODE

Cemetery: 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.

Certificate of Occupancy: A certificate issued by the Building Official prior to the occupancy of a structure to assure that the structure is ready for occupancy with all defects corrected and all construction debris removed, the site graded to final grade, and all required durable, dustless drive approaches, access drives and parking areas are in place.

Change of Occupancy : A change in “Occupancy Category”.

Clinic: A clinic is an organized outpatient health facility that provides direct medical, surgical, dental, optometric, podiatric, psychological advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility.

Club: An association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Clubs may operate for-profit, or not-for-profit, or both (e.g., a for-profit club with a non-profit arm), depending on the zoning district in which they are located.

Club, Private Non-Commercial: An association of persons for some nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Associated club or lodge facilities are intended for the sole and exclusive use of club members, their immediate families, and member’s guests by invitation. This provision does not extend to other outside groups, memberships or associations affiliated with any particular member. Private, noncommercial functions carried out by the club shall be under the control and auspices of a member of the club at all times. Facilities are not to be rented for commercial or monetary gain, unless specifically authorized under a valid land use permit.

Cogeneration Facility: Onsite power generation technologies (utilizing fuel sources such as oil, coal, natural gas, wood, or biomass) that simultaneously produce electrical or mechanical energy and useful thermal energy.

College: An educational institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges.

College, Trade: Shall mean the same as "School, Trade".

Co-location: The locating of wireless communications equipment from more than one provider on a single ground-mounted, roof-mounted, or structure-mounted facility, including but not limited to, a building, monopole, lattice tower, or water tank.

Commercial Classifications: Shall be obtained from the latest edition of the Standard Industrial Classification Manual, Executive Office of the President, Bureau of the Budget, on file at the Community Development Agency

Commercial Modular/Coach: A structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit.

Commercial Office: Any administrative or clerical office maintained as a business or used by a public agency over which the County has planning authority.

Commercial Service Establishments: Establishments engaged in servicing equipment, materials and products.

Communications Equipment Building: A building that houses electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.

Community Care Facility: Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children.

(Ord. No. 668-1-17, §64, 3/28/17)

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DEVELOPMENT CODE

Community Gardens: A private or public facility for the noncommercial cultivation of fruits, flowers, vegetables, or ornamental plants shared and maintained by more than one person or family.

Community Noise Equivalency Level (CNEL): The CNEL is a measure of the cumulative noise exposure level in the community. Refer to the “Noise Element” of 2035 Kings County General Plan for additional information.

Community Service District (CSD): A unit of local government organized pursuant to the Community Services District Law, found at Government Code section 61000, et seq.

Conditional Use: A use that, because of special requirements or characteristics, is not allowed in a particular zoning district as a right, and for which a Conditional Use Permit is required.

Consultant : An individual or firm with expertise in a field, hired by an Applicant or Owner, who provides professional advice or services such as surveying, engineering, or the preparation of environmental studies and documents.

Contractor Storage Yard: Storage yards, together with any incidental buildings and structures, operated by, or on behalf of, a contractor for storage of large equipment, vehicles, scrap metal for the repair or maintenance of the contractor’s equipment, or other materials commonly used in the individual contractor’s type of business. Convalescent Home: Shall mean the same as "Rest Home".

Convenience Store: A retail establishment that provides a limited volume and variety of commonly consumed goods, typically has long open hours, and is conveniently situated.

Council: The City Council of any incorporated city in the County of Kings.

Dairy: The general term for an agricultural enterprise principally engaged in the production of milk.

Dairy Facility: That portion of a dairy which includes the corrals, barns, feed storage, milk barn, lagoons and other manure handling facilities, but not including associated crop land or dwellings.

Day Care: A facility, including a residence that provides day care for more than 14 individuals.

Day Care, In Home Family Day Care: Pursuant to Health and Safety Code Section 1596.78, and as modified below, in home day care means a home that regularly provides care, protection, and supervision for fourteen 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home:

• a. Large Family Day Care Home: A home that provides family day care for nine to 14 children, inclusive, including children under the age of 10 years who reside at the home.

b. Small Family Day Care Home: A home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home.

Density Bonus: An increase in the maximum number of residential dwelling units that are allowed on a site, granted to a developer in exchange for one or more concessions that constitute a specified public benefit.

Developer: Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities that seeks County permits and approvals for development.

Development: Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures, and/or the establishment of a new land use. “New Development” is any construction, or alteration of an existing structure or land use, after the effective date of this Development Code.

Disposal Site: A place, location, tract of land, area of premises in use, intended to be used or which has been used for the landfill disposal of solid wastes.

Drive Approach: A surfaced connection between a public roadway and a private driveway or parking area.

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Definitions

DEVELOPMENT CODE

Drive-in and Drive-thru Business: Any place of business where customers order and receive goods, including prepared food, either by remaining in their vehicles or by driving to one or more windows.

Driveway: See “Access Drive”

Dwelling: A building or portion thereof designed exclusively for residential purposes, including single-family, and multifamily dwellings; but not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries.

Dwelling, Multifamily: A building containing two or more dwelling units, other than a single-family dwelling with an attached or detached “Second Dwelling Unit,”

Dwelling, Single-Family: A detached building containing one dwelling unit.

Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, working, and sanitation.

Easement: An interest in land owned by another person, consisting in the right to use or control the land, or an area above or below it, for a specific living purpose, such as to cross it for access to a public road. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land.

Educational Institutions: Public or other nonprofit institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either (1) offer general academic instruction equivalent to the standards prescribed by the California Board of Education, or (2) confer degrees as a college or university of undergraduate or graduate standing, or (3) conduct research, or (4) give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit nor does it include commercial or trade schools.

Electrical Distribution Substation: An assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a sub-transmission voltage and transformed to a lower voltage for distribution for general consumer use.

Electric Transmission Substation: An assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a lower sub-transmission 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 voltage for distribution to smaller individual users.

Electric Vehicle Recharge Station: Electric car charging stations for commercial use is usually associated with or incidental to on-site vehicle parking spaces for commercial or public establishments. Examples would be as shown in Figure 25-3 below. The actual appearance and configuration will be different based on the manufacturer of the recharging station.

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Definitions

DEVELOPMENT CODE

Figure 25-3 Electric Vehicle Recharge Station

Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelter also includes a homeless shelter, domestic violence shelter and victim witness shelter. The stay in an emergency witness shelter is limited and conditional.

Employee Housing: A qualifying housing unit providing accommodations for 6 or fewer farmworkers pursuant to Health and Safety Code Sec. 17021.5. Employee housing shall be deemed a single-family structure for zoning purposes.

Environmental Advisory Committee (EAC) : An informal committee appointed by the Board of Supervisors to advise County boards, commissions, committees, and departments concerning the implementation of CEQA.

Equipment Salvage Yards : See “Motor Vehicle Wrecking Yards”

Essential Service: 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, safety or general welfare.

Establishment: A non-residential use of land involving structures which are subject to a building permit requirement. By way of example and not limitation, “establishment” includes businesses, schools, hospitals, factories, houses of worship, professional offices, etc.

Factory-Built Home: A residential building that is either wholly manufactured or is in substantial part manufactured at an offsite location to be wholly or partially assembled onsite in accordance with building standards published in the California Building Standards Code. Factory-built housing does not include a mobile home, a recreational vehicle, or a commercial modular.

Family: One or more persons living as a bona fide single nonprofit relatively permanent housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel or club suitable for group use. A family shall not include a fraternal, social or business group.

Faithful Performance/Payment Bond. A performance bond, payment bond, cash deposit, letter of credit, or other suitable financial instrument approved by the County that is convertible to cash, or any combination of the above, provided by the applicant to ensure the faithful performance of the project proponent's obligations, and/or the payment of amounts due, under a Reimbursement Agreement and/or an Indemnification Agreement entered into between the County and the project proponent under the terms and provisions of these local guidelines.

ved by the County that is convertible to cash, or any combination of the above, provided by the applicant to ensure the faithful performance of the project proponent's obligations, and/or the payment of amounts due, under a Reimbursement Agreement and/or an Indemnification Agreement entered into between the County and the project proponent under the terms and provisions of these local guidelines.

Farm Employee: Any farm worker who is employed by a particular agricultural operation and who thereby derives an income equivalent to at least 1,040 hours of work per year paid at the current prevailing minimum wage rate.

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Definitions

DEVELOPMENT CODE

Farm Employee Housing: Living quarters, dwellings, boarding houses, bunkhouses, mobile homes, manufactured homes, or other housing accommodations maintained in one or more buildings or one or more sites for Farm Employees.

Farm Labor Supply Housing: Any place, area, or piece of land where housing is provided for five or more employees or prospective employees of another by any individual, firm, partnership, association, or corporation that, for a fee or in-kind payment, employs persons to render personal services for, or under the direction of, a third person, or that recruits, solicits, supplies, or hires persons on behalf of an employer and that, for a fee or in-kind payment, provides connection therewith one or more of the following services: (a) furnishes board, lodging, or transportation for such employees or prospective employees. (b) supervises, times, checks, counts, weighs or otherwise directs or measures the work of such employees. (c) disburses wage payments to such employees.

Farm Laborer: See “Farm Employee”.

Feed Lot : Shall mean the same as "Stock Feeding Yard or Lot".

Feed Storage Area: Any area or structure on a dairy or other confined animal feeding facility used for storing animal feed. Feed storage areas may be covered or uncovered and may include hay barns, commodity barns, etc.

Fence, (Noise Attenuation): See “Wall (Noise Attenuation ).”

Fence, Open: Any structural device forming a physical barrier which is so constructed that not less than 50 percent of the vertical surface is open to permit the transmission of light, air and vision through said surface.

Fence, Screened: Any structural device, compact evergreen hedge or compact evergreen shrub forming a physical barrier which is so constructed or grown so that 90% or more of the vertical surface is closed to the transmission of light, air and vision through said surface. A slatted chain link fence and a vine covered fence may be considered to be a screened fence if they meet this criteria.

Fence, Solid: Any structural device forming a physical barrier which is so constructed that 51% or more of the vertical surface is closed to the transmission of light, air and vision through said surface.

Financial Assurance: A bond, letter of credit, certificate of deposit, or similar instrument, in an amount sufficient to guarantee some promised performance on the part of an Applicant or permit holder.

Floor Area, Gross: The total horizontal area in square feet on each floor within the exterior walls of a structure but not including the area of inner courts, shaft exposures or exterior walls.

Floor Area Ratio (FAR): The floor ratio is the ratio of the gross floor area of a development to the site area expressed as a factor of 1. That is, the total floor area on all levels of the building divided by the site area.

Figure 25-4

Footprint : The developed area of a property or parcel associated with a land use which includes the structures; parking areas, aisles and drive approaches; ancillary facilities; and landscaping associated with the land use, but not including associated farm land or dwellings and landscaping associated with the dwellings.

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Definitions

DEVELOPMENT CODE

French Drain: A French drain or weeping tile (also blind drain, rubble drain, rock drain, drain tile, perimeter drain, land drain or French ditch) is a trench covered with gravel or rock or containing a perforated pipe that redirects surface and groundwater away from an area. A French drain can have perforated hollow pipes along the bottom to quickly vent water that seeps down through the upper gravel or rock.

Frontage: The property line of a site abutting on a public road, other than the street side lot line of a corner lot. “Street Side Lot Line” means any property line that is not a front or rear lot line, but which abuts on a street or highway. (See Figure 2510.)

Frontage Road: A local street that parallels a highway or through street and that provides access to property near the highway.

Garage, Private: A detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

Garage, Repair: A structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.

Garage, Storage: A structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof.

Garden Structure: An arbor, deck, fountain, lath cover, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport, patio cover or storage building.

Grandfathered: Refers to those uses or structures which were lawfully established prior to adoption of the Development Code and as such, may not conform to the new rules established by the Development Code or its amendments. See Article 12 of this Development Code concerning non-conforming uses and structures.

Green Roof: An engineered roofing system that includes vegetation planted in a growing medium above an underlying waterproof membrane material. It has also been referred to as a living roof or Eco roof, to differentiate a vegetative extensive roof specifically from other types of sustainable roofs such as those covered with photo voltaic or highly reflective roofs (white roofs), which are often included in the broader environmental term of green or sustainable roofing systems.

Guest Ranch: A tourism enterprise involving recreational activities and facilities for compensation, with one or more buildings for the provision of meals and rooms.

Guest Room: A room or rooms without kitchen facilities, located in a main building which is rented or hired out for living or sleeping quarters.

Hazardous Waste: Means either of the following:

a. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

• (1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

• (2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

b. A waste which meets any of the criteria for the identification of a hazardous waste adopted by the California Department of Health Services pursuant to Health and Safety Code Section 25117.

c. RCRA hazardous wastes as defined in Health and Safety Code section 25120.2.

d. Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste and acutely hazardous waste (Health and Safety Code Section 25117).

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Hazardous Waste Facility: Means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units (Health and Safety Code Section 25117.1).

Health and Fitness Centers: A commercial establishment providing fitness and exercise opportunities to individuals as a primary use. Examples of these uses include but are not limited to:

• Dance studios

• Fight clubs

• Gymnasiums

• Martial arts including Judo, Tae Bo, Jujitsu, etc.

• Physical culture studio

• Swimming pools

• Weight lifting

Health Facility: Any facility, place, or building that is organized, maintained and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24hour stay or longer. (Health and Safety Code Section 1250).

building that is organized, maintained and operated for the diagnosis, care, prevention, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which the persons are admitted for a 24hour stay or longer. (Health and Safety Code Section 1250).

Hobby Farm: An agricultural endeavor which is done on a non-commercial basis or at a level which does not provide an expectation of being a primary source of income for the occupant of the property.

Home Occupation, Minor: The conduct of an art or profession, the offering of a service or the conduct of a business, or the handicraft manufacture of products within a dwelling in an agricultural, rural residential, single-family residential, multifamily, professional office, or transitional district, which is clearly incidental and secondary to the use of the site for dwelling purposes, and which does not generate any outside traffic (no on-site sales or services provided to customers) or change the character of the neighborhood within which it is located, in accord with the regulations prescribed in Section 1102.A.

Home Occupation, Rural: The conduct of an art or profession, the offering of a service or the conduct of a business, or the handicraft manufacture of products within or adjacent to a dwelling in an agricultural district, which use is clearly incidental and secondary to the use of the site for dwelling purposes and which does not change the residential-agricultural character thereof, in accord with the regulations prescribed in Section 1102.B.

Home Occupation, Urban: The conduct of an art or profession, the offering of a service or the conduct of a business, or the handicraft manufacture of products within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof, in accord with the regulations prescribed in Section 1102.C and D.

Hotel or Motel: Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, and personal services. Motels provide access to most guest rooms from an exterior walkway and also include accessory guest facilities (e.g., swimming pools, tennis courts, indoor athletic facilities, and accessory retail uses). This definition shall not be construed to include motel, mobile home park, sanitarium, hospital or other institutional building, or jail or other building where persons are housed under restraint.

tels provide access to most guest rooms from an exterior walkway and also include accessory guest facilities (e.g., swimming pools, tennis courts, indoor athletic facilities, and accessory retail uses). This definition shall not be construed to include motel, mobile home park, sanitarium, hospital or other institutional building, or jail or other building where persons are housed under restraint.

Household Pets: Household pets include domestic dogs, cats, and birds ordinarily permitted within a yard area and inside of a dwelling and kept only for the company and pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, or other equine, bovine, ovine or ruminant animals, pigs, chickens, ducks, geese, turkeys, game birds or fowl which normally constitute an agricultural use.

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Human Scale: A term used to describe and design the relationship between the height of a building and the width of the adjacent street. The most human scale is achieved when the building height-to-street width ratio is between 1:2 and 1:3. Typically, width is measured horizontally between opposing building fronts. Height is measured from the sidewalk to the building eaves. Site and building design elements are dimensionally related to pedestrians in human scaled project design.

Immediate Family Member: Parent(s), sibling(s), child(ren), grandparent(s), grandchild(ren), registered domestic partner or spouse.

Improvement: Any construction, building, paving or landscaping that materially adds to the value of a facility, substantially extends its useful life, adapts it to new uses or enhances its physical attributes. It also refers to the construction of streets and related appurtenances.

Incidental Sale of Alcohol: Pertains to the sale of alcoholic beverages in an eating establishment in a Commercial or Mixed Use zoning district where a license number 41, 47 or 75 is granted by the Department of Alcoholic Beverage Control. The sale of the alcohol is secondary or incidental to the sale of food in an establishment with sit-down dining and table service.

Incidental Use: A use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot nor serves property other than the lot where the principal use is located. Examples of an incidental use in a residential zoning district include tennis courts, swimming pools, etc.

Indemnification Agreement: An agreement between the County and a project applicant under the terms of which the applicant agrees to defend and indemnify the County from and against exposure to potential extraordinary costs associated with the processing of an application through the County’s final decision on the application, and any appeals of the County’s actions on such matters.

Individual Agricultural Specialty Store: A direct marketing outlet store owned and operated by the agricultural producer, located at or near the point of production, which provides an alternative method for growers to sell their products while benefiting the consumer by supplying quality produce at a reasonable price as well as selling value added products which may include, but are not limited to fruit and nut baskets, specialty gifts and snacks that augment or compliment the produce. Beer and wine may be included as value added items provided the appropriate ABC (Alcoholic Beverage Control) license is obtained.

Industrial Classifications: When a use is listed as a permitted, permitted subject to conditions, or is expressly prohibited, the use shall be as defined in the latest edition of the Standard Industrial Classification (SIC) Manual, Executive Office of the President, Bureau of the Budget, on file at the Community Development Agency, if defined therein. The SIC manual is also available at https://www.osha.gov/pls/imis/sicsearch.html which allows an electronic search for codes.

Infirm Relative: An Immediate Family Member who is seriously incapacitated or disabled and not able to care for himself or herself due to illness or disability. Proof of the incapacity or disability may be required in the form of a statement from an attending physician stating the infirm person requires assistance from another person in providing for their daily needs.

Junk Yard: See “Salvage Yard”

Kennel or Cattery, Commercial: A lot or premises on which dogs and/or cats, are kept for some commercial purpose. For the purposes of the Development Code and the required permits under that Development Code, “keeping” includes boarding, grooming, breeding, training, sale and related purposes other than places maintained by a licensed veterinarian or an “animal rescue shelter” operated as a tax exempt entity under the provisions of 26 USC Section 501(c)(3) .

Kitchen: Any room used or intended or designed to be used for cooking or the preparation of food.

Landfill: Means a disposal site employing a method of disposing of solid wastes on land without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the wastes to the smallest practical volume, and to cover them with a layer of suitable cover material at specific designated intervals.

Land Use. The manner in which land is developed and used. The general categories of land use include: agricultural residential, commercial, mixed-use, industrial, recreational, open space and planned development.

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Land Use Permit or Zoning Permit: A documented permit issued by the County which approves a particular use or uses on a particular parcel of land consistent with the requirements of this Development Code.

Lath House: An open-sided garden structure used to provide shade to tender (or young) plants; the roof is constructed of laths or slats, spaced with gaps as wide as the slats themselves, providing approximately 50 percent shade.

Light Shelf: Architectural addition installed on the exterior or interior (or both) of a structure serving as shading devices and preventing solar gain from entering the building through windows. Light shelves can also allow daylight to penetrate deep into a building and to shade near the window to help reduce glare.

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----- Start of picture text -----
Figure. 25-5
Light Shelves
----- End of picture text -----

Liquor Store: A retail s hop that sells prepackaged alcoholic beverages — typically in bottles — intended to be consumed off the store's premises.

Livestock: Farm animals, including horses, cows, goats, sheep, or other equine, bovine, ovine or ruminant animals, pigs, chickens, ducks, geese, turkeys, game birds or fowl which normally constitute an agricultural use, kept or raised for use, pleasure, or profit.

Livestock Grazing: Principally open range or permanent pasture land where animals are not confined and the natural feed is not supplemented except during inclement weather (e.g., drought, snow, etc.).

Living Area: Means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

Lodge: An order of society or persons organized for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. The meeting place of a branch of an organization such as a fraternal organization.

Lodge, Private Non-Commercial: An association of persons for some nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Associated club or lodge facilities are intended for the sole and exclusive use of lodge members, their immediate families, and member’s guests by invitation. This provision does not extend to other outside groups, memberships or associations affiliated with any particular member. Private, noncommercial functions carried out by the lodge shall be under the control and auspices of a member of the lodge at all times. Facilities are not to be rented for commercial or monetary gain, unless specifically authorized under a valid land use permit.

Lot: A legal lot or parcel of record is:

a. A lot or parcel that is part of a subdivision, the map of which has been recorded in the Kings County ClerkRecorder’s Office on or after August 14, 1929; or

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b. A lot or parcel of land described by metes and bounds, the description of which has been recorded in a conveyance (such as a Grant Deed) in the Kings County Clerk-Recorder’s Office prior to March 4, 1972, consistent with and in compliance with Subdivision Map Act and the Kings County Subdivision Ordinance in effect at the time of said recording.

c. The term "lot" shall include a part of a lot, when such part is used as though a separate lot for all of the purposes and under all of the requirements of this Development Code.

• d. The term "lot" shall include two or more abutting lots when combined and used as though a single lot.

• e. Types of lots include the following.

  • Corner lot: A lot located at the intersection of two or more streets, where they intersect at an interior angle

  • of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

  • Flag lot: A lot having access from the building site to a public street by means of private right-of-way strip

  • that is owned in fee.

  • Interior lot: A lot other than a corner lot or a reverse corner lot and abutting only one street.

• Key lot: The first interior lot to the rear of a reversed corner lot the front line of which is a continuation of the side line of the reversed corner lot, whether or not separated by an alley, and fronting on the street that intersects or intercepts the street upon which the corner lot fronts.

• Reverse corner lot: A corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.

• Through lot: A lot with frontage on two generally parallel streets.

• Double frontage lot: An interior lot having frontage on and with access on two parallel or approximately

• parallel streets.

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----- Start of picture text -----
Figure 25-6
Lot Types
----- End of picture text -----

Lot Area: The total horizontal area within the lot lines of a lot.

Lot Coverage: That portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.

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Lot Depth: The depth of a lot is the maximum distance between the front and rear lot lines.

Lot Frontage : The length of a lot or portion of a lot that abuts a street or an approved road easement, except the side of a corner lot.

Lot Line: A line defining an exterior boundary of a lot.

Figure 25-7 Lot Lines

Lot Line or Property Line, Front:

• a. In the case of an interior lot, a line separating the lot from the street (Right-of-Way).

• b. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

Lot Line or Property Line, Rear:

• a. A lot line which is opposite and most distant from the front lot line; or

b. In the case of irregular, triangular or gore-shaped lots, a line 10 feet in length within the lot, parallel to and at a maximum distance from the front lot line.

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Figure 25-8 Rear Lot Lines and Setbacks on Irregularly Shaped Parcels

Lot Line or Property Line, Side: Any lot boundary line not a front lot line or a rear lot line.

Lot Line, Zero: The location of a building on a lot in such a manner that one or more of the building’s walls is situated directly on the lot line or property line.

Figure 25-9 Zero Lot Line

Lot Width: The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

__

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Figure 25-10 Lot Features

Low Impact Development (LID) : A different approach to traditional storm water management that retains and infiltrates rainfall on-site. The LID approach emphasizes site design and planning techniques that mimic the natural infiltration based, groundwater-driven hydrology of our historic landscape. LID includes the use of bioswales and rain gardens which can help prevent flooding.

Manufactured Home: A complete single-family home deliverable in one or more transportable sections, on a permanent chassis, constructed to the standards established by the U.S. Department of Housing and Urban Development (HCD) in the CFR, Title 24, Part 3280, commencing with Section 3280.1. When erected on site, it is 320 or more square feet in size, built after June 15, 1976 and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. "Manufactured home" includes a mobile home but is not a “factory-built home”.

Manufactured Housing Community : Any area or tract of land where two or more manufactured home lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, only to accommodate the use of manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 and following) or mobile homes containing two or more dwelling units for human habitation. The rent paid for a manufactured home shall be deemed to include rent for the lot it occupies. Employee housing that has obtained a permit to operate pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000)) and that both meets the criteria of Section 17021.6 and is comprised of two or more lots or units held out for lease or rent or provided as a term or condition of employment shall not be deemed a manufactured housing community or mobile home park. The California Department of Housing and Community Development has enforcement authority over manufactured housing communities and mobile home parks.

Manure Storage Area: Any area or structure on a dairy or other confined animal feeding facility used for storing manure produced by the animals on the site. Manure storage areas may be covered or uncovered and may include manure separation pits, lagoons, ponds, pits, drying areas, manure tanks, etc.

Marquee: A permanent roofed structure attached to and supported by the building to which it is attached and projecting over an entrance.

Medical Buildings: Clinics or offices for doctors, and other licensed practitioners of the healing arts; including accessory laboratories and pharmacies but not including offices for veterinarians.

Mixed Use Development: A real estate project with planned integration of some combination of retail, office, residential, hotel, recreation or other functions. It is pedestrian-oriented and contains elements of a live-work-play environment. It maximizes space usage, has amenities and architectural expression and tends to mitigate traffic and sprawl.

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Mobile Home: A vehicle, other than a motor vehicle, constructed prior to June 15, 1976, designed and equipped to contain one or more dwelling units to be used without a permanent foundation and which is in excess of eight feet in width or in excess of 40 feet in length. "Mobile home" does not include a factory-built home, commercial coach or a recreational vehicle.

Mobile Home Park: See “Manufactured Housing Community”.

Motel: See “Hotel or Motel”

Motor Vehicle Wrecking Yard: A site or portion of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of three 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.

Nightclub: An establishment operated as a place of entertainment, characterized by dancing and/or live, recorded, or televised entertainment as a principal use. Live, recorded or televised entertainment, includes but is not limited to performances by magicians, musicians or comedians.

Non Conforming Building or Structure:

• a. A building or structure or portion thereof lawfully existing immediately prior to the adoption of this Development Code, but which does not conform to the applicable regulations of this Development Code, or amendments thereto.

• b. A building or structure or portion thereof lawfully existing immediately prior to the adoption of any amendment of this Development Code, but which does not conform to the applicable regulations of such amendment.

Non Conforming Use: A use of a structure or land which was lawfully established and maintained prior to the adoption of this Development Code but which, under this Development Code, does not conform with the use regulations for the district in which it is located. Refer to Article 12 for additional information.

Notice of Violation: An administrative citation issued by the Kings County Community Development Agency for a violation of the Kings County Code of Ordinances.

Nursery School: A school or the use of a site or a 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 resident on the site.

Nursing Home: A structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases or mental illnesses, alcoholism or drug addiction; also not including facilities in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.

Occupancy Category : A category used to determine structural requirements of a building based on occupancy. Occupancy classifications may be found in Chapter 3 of the California Building Code. The occupancy category is also used to determine if a structure is categorized as an occupied or non-occupied structure for determination of setback requirements.

Offices, Business and Professional : An establishment where professional and clerical functions are performed. Examples of these uses include but are not limited to:

• Accountant office

• Architect office

• Attorney office

• Consultant office

• Engineer office

• Life insurance office

• Loan office

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• Medical billing office

• Tax preparation office

Off-street Loading Facilities: A site or a portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.

Off-street Parking Facilities: A site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas.

Open Sided Shade Structure: A shade structure intended to shade animals which may include basic animal shade structures, corral shades, loafing barns, maternity barns and freestall barns.

Open Space: Land where basic natural values have been retained. Open space can include wilderness areas, a small park in the middle of a city, pastures, forested areas, agricultural groves, vineyards, golf courses, flood washes, etc. The function of open space may differ, depending upon the location. It may have a protective function, as in the case of open space in flood plain areas, where it serves to protect health and safety. It can have a structural or buffer function to space and separate conflicting land uses. It may serve a recreational function, or a scenic function to provide aesthetic views of forests or mountains.

Other Affected, or Directly Affected, Person or Party: A person or group of people who live(s), work(s), or own(s) property in the immediate vicinity of the project that is the subject of a zoning action, where there is direct evidence, provided by the affected person or party, that the person or party’s property is, or will be, negatively impacted by the project, even after mitigation measures are applied to the project.

Affected, Person or Party:** A person or group of people who live(s), work(s), or own(s) property in the immediate vicinity of the project that is the subject of a zoning action, where there is direct evidence, provided by the affected person or party, that the person or party’s property is, or will be, negatively impacted by the project, even after mitigation measures are applied to the project.

Outdoor or Off-Site Advertising Structures: Any 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.

Outdoor Dining: Dining facilities consisting of tables, chairs and similar furniture located out-of-doors adjacent to an indoor eating establishment.

Outdoor Festival: Any music festival, dance festival, rock festival or similar activity to which members of the public are invited or admitted, and at which attendance is expected to exceed 500 persons.

Overlay Zone: An area within which a set of standards and requirements are employed to deal with special physical characteristics such as flood plains, hazardous areas and other special or unique areas. Overlay districts are mapped and imposed in conjunction with, and in addition to, the underlying land use zoning district. Refer to Article 10 for additional information.

Owner : See “Property Owner”.

Package Store: See “Liquor Store”

Parcel: See “Lot”

Park Trailer: A trailer designed for human habitation for recreational or seasonal use only. It may include a loft area but may not exceed 14 feet in width at the maximum horizontal projection. A park trailer hitch, when designed by the manufacturer to be removable, may be removed and stored beneath a park trailer.

Parking Area, Public: An open area, other than a street or alley, used for the temporary parking of more than four vehicles and available for public use whether free, for compensation, or as an accommodation for clients or customers. Parking District: A government parking district maintained by the federal, state, county or city government.

Parking Space, Vehicle: An off-street space available for the parking of one motor vehicle conforming to the parking lot standards described in Article 13 of this Development Code.

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Patio Cover: A one-story structure which is intended to provide an outdoor recreation or dining area. Patios covers may be either attached to another structure, normally a dwelling, or detached and usually open on the sides. Patio covers shall be used only for recreational, outdoor living purposes and not as carports, garages, storage rooms or habitable rooms.

Pawn Shop: An establishment wherein the business of a pawnbroker is conducted. A pawnbroker shall be any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness; or, who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

Pedestrian Orientation: Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including but not limited to:

• Street furniture;

• Design amenities related to the street level such as awnings, paseos, gallery, arcades;

• Visibility into buildings at the street level;

• Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing;

• Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;

• Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

• Signage oriented and scaled to the pedestrian rather than the motorist; and

• Landscaping.

Permit Holder: When a land use permit has been issued for a use on a parcel, the permit holder is the property owner of the parcel as shown on the latest equalized assessment role/tax roll or the owner of the business or use on the parcel, if not the property owner.

Permitted Use: Any use allowed by right in a zoning district and subject to the provisions applicable to that district.

Personal Services: An establishment providing professional services to individuals as a primary use. Examples of these uses include but are not limited to:

• Barber shops

• Beauty salons and day spas

• Clothing, uniform shops, and costume rental

• Check cashing services

• Employment agencies

• Fortunetellers, psychics, and similar services

• Hair salons

• Health spa (not including a medical spa)

• Laundromats (self serve laundries)

• Locksmiths

• Massage therapy (licensed, therapeutic, non-sexual)

• Nail salons

• Pet grooming with no boarding

• Repair shops for home electronics and small appliances

• Shoe repair shops

• Tanning salons

• Tailors

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Planned Unit Development (PUD): A PUD is both a type of building development as well as a regulatory process. A PUD is a designed grouping of varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision.

Professional Services: Establishments that provide advice, designs, information, medical treatment, commercial education, consultation, travel, job placement, advertising, finance, insurance and real estate services, generally from an office with no onsite storage of goods. This category includes all types of business offices and service-type businesses where service is basically on an individual-to-individual or firm-to-firm basis as opposed to services that are performed on objects or personal property.

Professional Services Agreement : An agreement between the County and a consultant which specifies the work that will be performed for the preparation of environmental documents, and the cost of preparing such a document.

Project Review – Consultation Notice: A form used by the Community Development Agency to inform other agencies of a proposed project which has been submitted and to request pertinent comments from those agencies.

Property Line: The outermost limit of a legally created parcel. The property or parcel line is the basis for determining the lot dimensions, area and other measurement standards and is the basis for determining required setback distances.

Property Owner: Any person, partnership, corporation, trust, estate or other jurisdictional person with an ownership interest in a parcel of land or any real property.

Public Road Right-of-Way : All public roads are located within land which is referred to as road right-of-way. Within a typical road right-of-way, the following public facilities can be found: the driving surface, roadside shoulders and ditch, public utilities, sidewalks, and traffic signs, etc. Road right-of-way width can be established by deed, statute, declaration, dedication, or prescriptive use. Regardless, lands within the road right-of-way, either fee or easement, are reserved for use of the traveling public.

Public Utility Service Yard: A site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduits, transformers, cross-arms, utility poles, or any other material, tool or supply necessary for the normal maintenance of the utility facilities.

Railroad Right-of-Way: A strip of land of a maximum width of 100 feet 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 Garden: A rain garden is a depression (usually about 6 inches deep) that collects and stores storm water runoff from a roof, driveway or yard and allows it to infiltrate into the ground. Rain gardens are typically planted with shrubs and perennials (natives are ideal), and can be colorful, landscaped areas in a yard. Positioning a rain garden near a down spout or driveway allows the water that would normally flow into the sewer or offsite to be contained in the rain garden. When it is dry the native plants in rain gardens continue to grow although they may be shorter than normal, and when it is wet the plants may have a growth spurt and become taller.

Figure 25-11 Rain Garden

Recreation Vehicle: A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 320 square feet, excluding built-in equipment, including, but not limited to wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. It contains 400 square feet or less of gross area measured at maximum horizontal projections, is built on a single chassis, is either

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self-propelled, truck-mounted, or permanently towable on the highways without a permit or is a park trailer. Recreational vehicles are not considered dwelling units.

Recreational Vehicle Park (RVP): An area where the land use zoning district allows recreational uses and where one or more lots are rented out to owners or users of recreational vehicles for temporary occupancy. Incidental food, beverages, sales and service intended for the convenience of the guests at the recreational vehicle park are allowed.

Recycling: To treat or process used or waste materials to make the materials suitable for reuse.

Recycling Facility (Small): Small collection facilities for glass, metal or plastic containers including California Redemption Value (CRV) containers as well as paper and other reusable items.

Recycling Facility (Large): A collection facility for recyclable materials including the storage, sorting, collecting or baling of ferrous and non-ferrous metals, junk, paper, rags or scrap for further transfer to another facility for re-reprocessing or to a solid waste facility. Also includes recycling of CRV containers for further transfer to another facility for re-reprocessing.

Regional Produce Stand: A large permanent facility designed to serve local residents and provide a regionally centralized location for the sale and distribution of locally grown produce.

Reimbursement Agreement : An agreement between the County and a project applicant under the terms of which the applicant agrees to provide the County with reimbursement for the extraordinary costs of reviewing, considering and processing the application and for preparing project documents. (Also see Indemnification Agreement.) As it pertains to CEQA, a reimbursement agreement is an agreement between the County and the project applicant to reimburse the County for the actual cost to prepare the environmental documents for the project, including the cost of the Professional Services Agreement and administrative costs incurred by County.

Religious Facilities: Facilities operated by religious organizations for worship and other religious activities, including churches, mosques, synagogues, temples, and religious schools; includes accessory uses on the same site (e.g., living quarters for ministers and staff, and child day care facilities) where authorized by the same type of land use permit required for the religious facility itself.

Residence: See “Dwelling”

Residential Clustering: A form of land development in which principal buildings and structures are grouped together on a site, thus saving the remaining land area for common open space, conservation, agriculture, recreation, and public and semipublic uses (Whyte 1964; Unterman and Small 1977; Arendt 1996; Sanders 1980). Is also called “Residential Cluster Development.”

Restaurant: An establishment which serves food or beverages to persons on the premises and which may also offer take-out and food delivery services. This includes drive-in restaurants, drive-through restaurants, coffee houses, bistros, cafes and tearooms, etc. Also included are food trucks, mobile kitchens, ice cream trucks, etc. which locate in one location for more than two hours and do not meet the criteria of “peddler” as defined in Chapter 15, Section 15-21 of the Kings County Code of Ordinances.

Rest Homes: An establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases, mental illness or disorder, and surgical or obstetrical operations. The term shall not include Nursing Home.

Retail Sales: A sale of commodities or goods for personal household or farm consumption directly to the ultimate consumer. Sales are normally in small quantities and may include the rendering of services incidental to and supportive of the sale of the merchandise. These businesses provide retail sales of merchandise not specifically listed under another use. Examples of these uses include but are not limited to:

• Antique stores

• Art galleries (for profit)

• Artist, hobby and craft supplies

• Audiovisual equipment and supplies

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• Automobile parts sales; no installation or service

• Bakery goods stores (retail), donut shops

• Bicycle shops

• Book stores and rental libraries

• Boutiques

• Business machines, office furniture and equipment

• Cameras and photographic supply stores

• Candy, nut, and confectionary stores

• Ceramic and pottery shops

• Clothing and accessory stores

• Collectibles stores (cards, stamps, coins, comics, etc.)

• Computer, phone, satellite antenna sales and other similar consumer electronics shops

• Consignment shops

• Department stores

• Drug and discount stores

• Dry goods stores

• Electronics/TV stores

• Fabrics and sewing stores

• Florists and houseplant stores (indoor sales only – outdoor sales are “Nurseries”)

• Furniture, home furnishings and equipment

• General stores

• Gift, novelty, and souvenir stores

• Hardware stores

• Hobby materials stores

• Jewelry including clock and watch repairing

• Luggage and leather goods

• Musical instruments, parts and accessories

• News stands and magazine stores

• Orthopedic supplies, hearing aids, and assistive devices sales

• Paint and wallpaper sales

• Pet supplies sales, including fish, birds, reptiles and other small animals

• Religious goods

• Secondhand clothing and appliances and furniture, and thrift stores

• Shoe stores

• Small wares

• Specialty shops including tobacco stores and smoke shops

• Sporting goods and athletic equipment supply stores

• Stationary stores

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• Toys and games

• Trophy shops

• Variety stores

• Video and DVD rental and sales

Reverse Vending Machine : A device utilizing advanced technology to identify, sort, collect, and process used beverage containers and return money to the user.

Right-of-Way, Public: Any place that is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, median, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, park square and other similar public way. Also used for public utilities and storm drainage.

Roadside Field Retail Stand: A temporary use of a place, building or shade structure less than 400 square feet in area or less and not requiring a building permit, from which California agricultural products grown or produced by the producer and nonpotentially hazardous prepackaged food products from an approved source or bottled water or soft drinks are sold.

Salvage Yard: A site or portion of a site on 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 on which uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this section.

Secondhand Store: A retail or wholesale business in which the largest portion of merchandise is pre-owned. This classification does not include pawnshops and the sale of secondhand motor vehicle parts or accessories.

School, Elementary, Junior High or High: Public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State of California Board of Education.

School, Private: An institution conducting regular academic instruction at kindergarten, elementary and secondary levels operated by a non governmental organization.

School, Trade: Schools offering instruction primarily in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by non-governmental organizations.

Service Station: An establishment which provides for the fueling and servicing of electric, hybrid and motor vehicles and operations incidental thereto, including:

• a. Retail sale of oil, tires, batteries and new accessories;

• b. Automobile washing, including mechanical car wash or steam cleaning;

• c. Incidental waxing and polishing;

• d. Tire changing and repairing, but not including recapping;

• e. Battery service, charging and replacement, but not including repair or rebuilding;

• f. Radiator cleaning and flushing, but not including repair or steam cleaning;

• g. Installation of minor accessories;

• h. Lubrication of motor vehicles;

• i. Brake adjustment, replacement of brake cylinders, brake fluid lines and brake shoes;

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• j. The testing, adjustment and replacement of motor parts and accessories, not involving engine overhaul; and

• k. SMOG testing and reporting.

Setback: The minimum required distance that a building, structure, parking area or other development feature must be separated from the property /lot line, or other structure or development feature. Setbacks are established to ensure the provision of open areas around structures for visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

Figure 25-12 Location and Measurement of Setbacks

Setback, Second Story: The additional distance that the second story of a structure must be set back from the ground floor setback line. The setback distance as noted in the Development Standards Tables located in some Articles of this Development Code is in addition to the setback distance required for the ground floor of a structure. Therefore, where the setback for the exterior wall on the ground floor of the structure is 10 feet and the second story setback requirement is 10 additional feet, the exterior wall of the second story shall be 20 feet from the property line.

Shared Parking: The provision that two or more uses that are within close proximity may share parking facilities to fulfill their individual parking requirements because their prime operational hours do not overlap.

Sign: Any lettering or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other purposes on the ground or on any bush, tree, rock, wall, post, fence, building, structure, vehicle, trailer or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. “Sign” for the purposes of this Development Code does not include official notices issued by any court or public body or officer, notices posted by any public officer in performance of a public duty or by any person giving legal notice, and directional warning or informational signs or structures required or authorized by law.

a. Additional Signage Terms:

A-frame: A portable sign, hinged or fastened on one end, capable of standing up by itself and which has copy on the two exterior sides.

Animated Sign: A sign that uses movement, lighting, or special materials to depict action or create a special effect or scene. This classification includes wind-actuated and other elements such as balloons, bunting, pennants, streamers, whirligigs, or other similar devices.

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Attached Sign: Any sign which is fastened, attached, connected or supported in whole or in part to a building or structure.

Awning Sign: An awning sign is a roof-like structure usually covered in fabric (e.g., canvas) that projects from the wall of a building for the purpose of shielding a doorway or window from the elements which may incorporate information about a commercial business as an integral part of the awning.

Banner: A temporary sign of fabric, plastic, paper or other light pliable material with no enclosing framework.

Bench Sign: Copy painted or attached to a bench.

Building Frontage: For the purposes of signage, building frontage shall be considered the wall of a building that faces and is roughly parallel with a public street or highway, excluding an alley.

Business Identification Sign: A sign pertaining to a permitted use, permitted use with Site Plan Review or Conditional Use conducted on the site.

Cabinet Sign (Can Sign): A sign that has one or more plastic, acrylic, or similar material faces (panels) that may or may not be internally illuminated. The sign panels may be either flat or shaped (“pan face”) and are attached to a structural frame cabinet.

Canopy Sign: A sign located on a permanent roof-like structure or canopy of rigid or fabric materials extending from the main entrance of a building.

Changeable Copy Sign (electronic): A sign with changeable copy that is changed by incorporating video display, flip disks, incandescent lamps, fluorescent lamps, fiber optics, light-emitting diodes, liquid crystals displays, plasma displays, field emission displays, or any other mechanical or light-emitting matrix to convey changing copy or images including time and temperature.

Changeable Copy Sign (manual): A sign with changeable copy that is manually changed, regardless of method of attachment or materials of construction. This classification includes bulletin boards, and changeable copy signs on marquees.

Commercial Message: A message displayed on a sign that relates primarily to economic interests such as exchange of goods or services. This definition shall automatically incorporate court rulings defining the term “commercial speech”. In ambiguous situations, whether speech proposes a consumer transaction must be determined by identifying the speaker and the intended audience, and by evaluating the content of the message. The speaker necessarily will be someone engaged in commerce or acting for the benefit of someone engaged in commerce, and the intended audience typically will be actual or potential consumers, or those who are likely to influence consumers. With respect to the content of the message, commercial speech has an economic motivation, and typically includes factual representations about the business operations, products, or services of the speaker. (See Kasky v. Nike, Inc . (2002) 27 Cal.4[th] 939.)

Civic Event Sign: A temporary sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

Copy: The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic or alphabetic form.

Detached Sign: Any sign permanently anchored to the ground which stands alone on its own foundation and structural supports, and detached from any supporting elements of a building. This includes monument, pylon, and pole mounted signs, etc.

Direct Illumination: A sign which is illuminated by lights which are external of the sign and must be hooded to prevent light from shining anywhere except on the sign.

Directional Signs: A sign which includes copy offering pertinent directional information for the purpose of assisting in the flow of vehicular or pedestrian traffic.

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Face of Sign: The area of a sign on which the copy is placed.

Freestanding Sign: Same as Detached Sign.

Fixed Balloon: Any lighter-than-air or gas filled inflatable object attached by a tether to a fixed place on the ground.

Flashing Sign: A sign that changes its message more than once every four seconds.

Hanging Sign: A sign suspended from, and located entirely under a covered porch, covered walkway, or an awning.

Home Occupation Sign: A sign which provides information concerning a home occupation which has been approved through a zoning permit.

Illuminated Sign: A sign with an artificial light source for the purpose of decorating, outlining, accentuating, or brightening the sign area.

Internal Illumination: A source of illumination entirely within the sign which makes the sign content visible at night by means of a light being transmitted through a translucent material, but wherein the source of illumination is not visible.

Logo: A sign component consisting of a trademark or symbol used to identify a business.

Marquee Sign: A sign permanently affixed to a permanent roofed structure attached to and supported by the building to which it is attached and projecting over an entrance.

Menu Sign: A sign used to inform the public of the list of entrees, dishes, foods, services, or entertainment available in a restaurant or other commercial establishment.

Message Center Sign: An advertising display where the message is changed more than once every two minutes, but no more than once every four seconds.

Monument Sign: A detached sign mounted on or incorporated into a solid supporting structure.

Multi-Tenant Sign: An identification sign for a commercial site with multiple tenants, displaying the names of more than one tenant on the site.

Mural: A non-commercial painting or pictorial representation applied to or incorporated into a structure or wall that can be viewed from public places, roads, alleys or rights-of-way.

Name Plate: A sign for the purpose of displaying the family name of the occupants of a structure and or address of the property.

Noncommercial message: A sign message that is not a “Commercial Message”, as defined above. This definition shall automatically incorporate court rulings defining the term “noncommercial speech”.

Permanent Sign: A sign designed with durable materials and intended to be used in excess of 60 days per calendar year.

Pole Sign: A detached sign supported by one or more uncovered or exposed uprights, supports, or braces. (See also Pylon Sign)

Political Sign: A sign which is utilized for the purpose of proposing or opposing the election of a candidate or ballot measure.

Portable Sign: Any sign or advertising device not secured in place, such as an A-frame or spring loaded sign .

Projecting Sign: A sign that projects from and is supported by a wall or a building.

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Pylon Sign: A sign that is supported by two or more uprights, poles, or braces in or upon the ground that are not a part of a building or enclosed within the exterior walls of a building and are separated from any other structures.

Real Estate Sign: A sign advertising real property for sale, exchange, lease or rent, but not including signs advertising transient occupancy, such as hotel or motel accommodations.

Temporary Sign: A sign either portable or stationary used to display information relating to land use or event of limited duration which is intended to be removed upon termination of said land use or event.

Vehicle Sign: A sign mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle which is parked or placed so that the sign is discernable from a public street or right-ofway as a means of communication. The term shall not include:

• a. License plates.

• b. License plate frames

• c. Registration insignia.

d. Noncommercial messages painted on or otherwise attached in a manner such that the vehicle can be legally operated on public rights-of-way, or any noncommercial message that does not exceed a total of three square feet in size.

e. Messages on a vehicle used in the course of business to transport personnel or products, or to provide services (not including general advertising) that are advertised by the messages on the vehicle, provided that the messages are painted or otherwise attached in a manner such that the vehicle can be operated on public right-of-way.

f. Commercial messages painted on or otherwise attached in a manner such that the vehicle can be legally operated on public rights-of-way, or any noncommercial message that does not exceed a total of three square feet in size; and,

g. Commercial messages on duly licensed mass transit vehicles that operate within and pass through the County.

Wall Mounted Sign: A sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall.

Window Sign: Any sign placed on, affixed to, painted on, or located within the casement or sill area of a window.

Single Room Occupancy (SRO) Hotel : Single room occupancy hotels are small (approximately 250-300 square feet in size) studio-type apartment units with a kitchen or a bathroom, typically occupied by extremely-low-income persons.

Site: A parcel of land, subdivided or un-subdivided, occupied or to be occupied by a use or structure. A lot.

Site Area: The total horizontal area included within the property lines of a site.

Site Coverage: The percentage of total site area occupied by structures/buildings, and includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall.

Site Depth: The horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines.

Site Plan: A scale drawing prepared as part of a proposal for a zoning permit or building permit depicting the actual project site and structures on the site.

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Site Width: The horizontal distance between the side property lines of a site measured at right angles to the Site Depth at a point midway between the front and rear property lines.

Situs Address : A term used to indicate the site location of a property.

Solid Waste Transfer/Processing Station: Includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid waste directly from smaller to larger vehicles for transport to their final place of disposition.

Special Occupancy Park: A recreational vehicle park, temporary recreational vehicle park as defined in Health & Safety Code Section 18862.39 and intended to accommodate owners or users of recreational vehicles, camping cabins or tents. The California Department of Housing and Community Development has enforcement authority over special occupancy parks within the confines of the park.

Special Use Permits: Special Use Permits are no longer issued by the County, but uses permitted through this process may still be in effect.

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

Stable, Commercial: A structure including, but not limited to a corral or paddock for the keeping of horses for remuneration, hire or sale.

Stock Feeding Yard or Lot: A site or portion of a site used for the concentrated feeding of livestock, or any hoofed animal, including but not limited to, cattle or hogs, or similar activity prior to selling, shipping to market, or slaughtering.

Storage Shed : A one story detached accessory structure used for tool, lawn equipment, or general storage, playhouse, and similar uses, provided the floor area does not exceed 120 square feet in size and generally does not require a building permit. (Note: The installation of electrical, mechanical or plumbing in any structure requires a building permit regardless of the size of the structure).

Street: A public or County approved private way permanently dedicated or reserved as a primary means of access to abutting property.

Street, Complete: A street design that, in addition to motor vehicle lanes, incorporates elements which promote and allow safe pedestrian walkability, bicycle usage, and accessibility by wheel chairs and other mobility devices including sidewalks, curbs with curb cuts and accessibility ramps, bicycle lanes and signage, and raised medians and planting strips.

Street Line: The boundary line between street rights-of-way and abutting property.

Structure: Anything built, constructed or erected that requires a fixed location on the ground, including a building, swimming pool, etc., but not including a fence, a wall used as a fence, a driveway, paving or concrete slabs.

Structure, Main: A structure housing the principal use of a site or functioning as the principal use.

Structural Alteration: Any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance.

Subdivision: The term “Subdivision,” when referring to divisions of land, shall have the same meaning as found in the Subdivision Map Act (Government Code beginning at Section 66410). (See Kings County Subdivision Ordinance)

Substantially Developed Fringe Area: Groups of parcels, already largely subdivided, in the unincorporated areas of the County within city primary spheres of influence or community service district boundaries where the majority of parcels have been issued land use and/or building permits.

Supportive Housing: 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

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status, maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use subject only to those standards and procedures as they apply to other residential uses of the same type in the same zone.

Surface Mining Operations: All, or any part, of the process involved in the mining of minerals (except water, geothermal resources, natural gas, and petroleum) on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster shall not be included. Surface mining operations shall include, but are not limited to:

• a. In-place distillation or retorting or leaching.

• b. The production and disposal of mining wastes.

• c. Prospecting and exploring activities.

• d. Borrow pitting.

• e. Streambed skimming.

• f. Segregation and stockpiling of mined materials (and recovery of same).

g. Activities that are and become subject to the requirements of the Surface Mining and Reclamation Act (Chapter 9, Division 2, of the Public Resources Code).

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

Tattoo Parlor: Establishments in which artistic expression takes place through the insertion of inks under the surface of the skin of the human body by pricking with a needle to produce an indelible mark resulting in a design, picture or words visible through the skin. Tattooing does not include those services performed by a physician licensed in the State of California to perform this type of work.

Tavern: See “Bar”

Temporary Recreational Vehicle Park: Any area or tract of land where two or more lots are rented, leased, or held out for rent or lease to owners or users of recreational vehicles, and that is established for one operation or event not to exceed 11 consecutive days, and is then removed. (Also see Special Occupancy Parks)

Temporary Use: A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period, and which does not permanently alter the character or physical facilities of the property.

Thermal Power Facility: Any stationary or floating electrical generating facility using any source of thermal energy (including coal, oil, or natural gas), and any facilities appurtenant thereto, to produce mechanical energy or to produce steam to spin a turbine that operates a generator. Thermal power facilities do not include any wind, hydroelectric, solar photovoltaic electrical generating facilities. Thermal power facilities also do not include any electrical generating facilities installed as incidental and accessory structures and uses located on the same sites as permitted uses requiring Site Plan Review or Conditional Use Permits.

Thrift Store: An establishment primarily engaged in the sale of used clothing, household goods, furniture or appliances. This definition does not include antique stores or pawn shops.

Traffic Safety Visibility Area: A space set aside on a lot in which all visual obstructions, such as structures, fences and plantings that inhibit visibility and thus have the potential to cause a hazard to traffic and pedestrian safety are prohibited, as follows:

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a. Area adjacent to any existing driveway on any lot - the Traffic Safety Visibility Area is that area on the street side of a diagonal line connecting points, measured from the intersection of the driveway (located on the property or adjoining parcel) and the street right of way line, 20 feet along the side of the driveway and 20 feet along the street side of a lot.

b. On a corner lot - the Traffic Safety Visibility Area also includes that area of a corner lot on the street side of a diagonal line connecting points, measured from the property corner where the streets intersect, set back one foot for every one mile per hour of the posted speed limit along each street.

Figure 25-13 Traffic Safety Visibility Area

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Transitional Housing: Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Single- or multifamily dwellings may be configured for use as transitional housing. Transitional housing is a residential use subject only to those standards and procedures as they apply to other residential uses of the same type in the same zone.

(Ord No. 668-1-16, §22, 1/12/16)

Urban Fringe: A transition area around existing cities where urban and rural areas meet in which land uses are managed to prevent urban sprawl and protect agricultural land.

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

Use, Permitted with Administrative Approval: A use which is listed as a use permitted with administrative approval in any given district in the previous Zoning Ordinance. Such uses may be required to meet certain requirements as a condition precedent to the granting of administrative approval which will allow the establishment of the use in any given district. (Note: administrative approvals were removed from the Zoning Ordinance when Ordinance No. 269.40 was adopted by the Kings County Board of Supervisors on October 4, 1994. Uses that were previously listed under administrative approval were moved to either Site Plan Review or Conditional Use Permit depending on whether or not an environmental review was required.)

Vacant Site: A site that is not developed with a building for which a permit has been issued pursuant to the provisions of Chapter 5 of the Code of Ordinances of the county.

Variance: A discretionary entitlement which permits the departure from the strict application of the development standards contained in the Development Code under specific circumstances. See Article 18 of this Development Code.

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Wall: Any structural device forming a physical barrier which is so constructed that more than 50% of the vertical surface is closed to the transmission of light, air, and vision through said surface.

Wall (Noise Attenuation): A wall or fence constructed as a mitigation measure to reduce the effect of a potential noise source.

Watchman’s Quarters: A dwelling, attached or detached, provided specifically for the use of a person whose responsibility is to provide security for the approved use on the site.

Water Collection: Refers to the practices of using rain barrels, cisterns, and storage tanks to collect and store rainwater for various uses, including irrigating plants. Rain barrels are most often used for individual residences, while cisterns have both residential and commercial applications.

Figure. 25-14 Water Collection

Williamson Act: California Land Conservation Act of 1965, California Government Code Section 51200 et. seq.

Winery: A facility that engages in the conversion of grapes, berries, or other fruit into wine.

Wireless Telecommunication Facility: A broad range of telecommunications services that enable people and devices to communicate independent of location. This includes equipment and network components such as towers, utility poles, transmitters, base stations, and emergency powers systems that are integral to the provision of cellular communications and personal communications services. This excludes noncommercial antennas, radio and television signals, and noncommercial satellite dishes.

Wrecking Yard: See “Salvage Yard”.

Xeriscape: A water conserving method of landscaping in arid or semiarid climates which provide groundcover and dust control. In practice, xeriscaping means simply landscaping with slow-growing, drought tolerant plants to conserve water and reduce yard trimmings.

Yard: Open and unoccupied setback space on a lot in which structures may not be built, constructed or erected.

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Figure 25-15 Yard Types

Yard, Front: A yard, the depth of which is the minimum required horizontal distance between the front lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

Yard, Rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.

Yard, Side: A yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of required front yard or required rear yard.

Yard, Corner: A yard, the width of which is the minimum required horizontal distance between the street side lot line and a line parallel thereto on the lot, not including any portion of required front yard.

Zoning: A police power measure, enacted primarily by units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement and other development standards. The Zoning Plan consists of a map and this Development Code.

Zoning District: Areas of land mapped on district maps which designate uses or activities that may take place on that land.

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Article 26. Jackson Ranch Specific Plan

Sections: