Montclair Municipal Code Ch. 11.02 Definitions

As used in this title:

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 a permanent structure, with a permanent foundation, connection to utilities, with provisions for living, sleeping, eating, cooking, and bathroom facilities on the same parcel the main dwelling exists. The definition of accessory dwelling unit includes the following:

A. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code for occupancy by no more than two persons which have a minimum floor area of 150 square feet and shall have kitchen and bathroom facilities; and

B. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

Accessory dwelling unit types. For purposes of this section, there are three types of accessory dwelling units allowed, subject to the requirements of Chapter 11.23.030, and as described below:

A. Detached accessory dwelling unit. A detached ADU is a dwelling unit with complete independent living facilities constructed as a separate structure from the main dwelling unit on the property.

B. Attached accessory dwelling unit. An attached ADU is a dwelling unit with complete independent living facilities that shares at least one common wall with the existing main dwelling unit on the property.

C. Junior accessory dwelling units (JADU). A JADU is a dwelling unit that is no more than 500 square feet in size and contained entirely within a single-family residence that provides living facilities for up to two persons. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing residence.

Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

Accessory structure/building means structure that is subordinate to, smaller in floor area than, and detached from the primary structure of a residential property. Typical residential accessory structures include, but are not limited to, pool houses, storage buildings, patio covers, canopies, garages, carports, workshops, greenhouses (for noncommercial raising of plants), outdoor fire-places, light poles, gazebos, tree houses, and play structures. A cargo/shipping container is not considered an accessory structure in any residential district.

Accessory living quarters means living quarters within an accessory building located on the same premises with the main building, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Active recreational areas means the usable common open space which is developed with active facilities, such as swimming pools, tennis courts, recreational buildings, a clubhouse, or similar facilities.

Alley means a public way permanently reserved as a secondary means of access to abutting property.

Alteration, when applied to historical preservation, means any exterior change in a building or structure.

Amusement arcade or amusement game arcade means any establishment containing four or more amusement devices or an establishment with less than four amusement devices when such devices occupy more than five percent of the total floor area of the business. For the purpose of this title, a typical device and playing area requires ten square feet.

Amusement device, when applied to amusement game arcades, means any electronic or mechanical machine which provides amusement or entertainment, which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball or any other article or device, or by paying therefor either in advance of or after use. This definition shall not include jukeboxes, telephone devices, or machines that sell merchandise.

Antenna means any system of wires, poles, rods, reflecting discs, satellite dish antennas, or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any building. "Antenna" shall include any device having active elements extending any direction, and any directional beam-type array having element(s) carried by and disposed from a generally horizontal boom which may be mounted upon or rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

Antenna height means the total maximum to which an antenna is capable of being raised and shall be measured from the highest point of the finished grade, on the same property adjacent to the structure.

Antidrain check valve means a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.

Antique store means a store that sells antiques only or a store that sells antiques associated with the sales of other products. An antique shall be defined as an item which has an age of at least 100 years or shall be an item which has a value to a collector that is greater than its original sales value.

Apartment house means the same as "dwelling, multiple."

Applicant means as it relates to Chapter 11.60 herein, any person required to submit a Landscape Documentation Package. Applicant may include the property owner or an agent of the owner.

Application rate means the depth of water applied to a given area, usually measured in inches per hour or gallons per hour.

Applied water means the portion of water supplied by the irrigation system to the landscape area.

Approval means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. Approval occurs when the public agency commits to allow a use and/or issue a permit, grant, license, or other entitlement. The exact date of approval of any project is a matter determined by each public agency according to its rules, regulations, and ordinances.

Architectural feature, when applied to historical preservation, means the architectural elements reflecting style, design and components of all of the outer surfaces of a structure.

Association means the organization of persons who own a lot, parcel, area, airspace, or right of exclusive occupancy in a unit of condominiums and may have interests in the control of common areas of such project.

Attached means the physical sharing of a common wall between two enclosed, habitable structures.

Attached accessory structure means an accessory building or structure shall be considered an integral part of the principal building if it is connected to the primary building including by a covered passageway.

Automatic rain shutoff feature means a system capability which detects rainfall and automatically suspends the operation of the irrigation system during rain events.

Automobile wrecking means the dismantling, wrecking, or salvage use of motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Backflow prevention device means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Basement means a space wholly or partly underground and having one-half or more of its height below the average level of the adjoining ground. A basement, when designed for or occupied by a dwelling, business, or manufacturing use, shall be considered to be a "story."

Billboard means any sign which advertises or displays in any manner information about any business, industry, service, product, event or pursuit not conducted on the premises on which the sign is erected or maintained.

Block means a portion of any street lying between two intersecting streets.

Boardinghouse means a building where meals are provided for compensation for at least three persons, but not more than ten persons. "Boardinghouse" does not include not rest homes.

Bona fide eating establishment means a business enterprise, operated as a restaurant, which is conducted, or is proposed to be conducted, in compliance with each of the following requirements:

1. A kitchen and a dining area that constitute permanent and identifiable portions of the business premises;

2. A printed menu which is provided to patrons for the purpose of ordering meals;

3. Not less than 51 percent of the gross annual income of the business enterprise is derived from the sale of food and nonalcoholic beverages;

4. At least one full-time cook is engaged by the business enterprise to prepare meals for patrons on the premises during the permissible hours of operation;

5. The business premises do not contain any drive-up or take-out windows;

6. Any bar or cocktail lounge operated by the business enterprise is separated from the dining area by a wall or other partition;

7. The business premises do not contain any pool tables, video games, or other coin-operated amusement devices.

Botanical gardens and arboretums means public or private facilities for the demonstration and observation of the cultivation of flowers, fruits, vegetables, or ornamental plants.

Building means a permanently located structure having a roof. All forms of vehicles are excluded.

Building area means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.

Building height means the vertical distance measured from the average level of the finished grade at the front of the building to the highest point of the structure.

Building line means a line parallel with a lot line or planned street line and distant therefrom by the depth of the required yard.

Building permit means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

Building site means the ground area of a building or group of buildings, together with all required open spaces.

Bungalow court means a group of three or more detached, one story, one- or two-family dwellings located upon a single lot, together with all required open spaces. "Bungalow court" does not include motels.

Business or commerce means the purchase, sale, or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings or office, recreational or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services.

California Irrigation Management Information System (CIMIS) means a program in the Office of Water Use Efficiency (OWUE), California Department of Water Resources (DWR) that manages a network of over 120 automated weather stations in the state of California. CIMIS was developed in 1982 by the DWR and the University of California at Davis to assist California's irrigators in managing their water resources efficiently.

Carnival means a nonpermanent amusement location which has a combination of rides, games, food services, novelties, and games of skill which are not otherwise approved within this title.

Carport means a permanently roofed accessory structure attached to the side of a dwelling and designed and used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

CC&R's means Conditions, Covenants and Restrictions of any condominium project, community, apartment house or any other planned residential development.

Certified farmers' market means the occasional, seasonal, regular, or semiregular sales of food and farm produce such as fruits, vegetables, nuts, herbs, eggs, honey, flowers, and food products from livestock at an outdoor or indoor venue that is certified by the State of California and operated in accordance with Division 17, Chapter 10.5 (Section 47000 et seq.) of the State of California Food and Agricultural Code.

Certified landscape irrigation auditor means a person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization.

CFS means cubic feet per second.

Child means a person who is under 18 years of age who is being provided care and supervision in a child day care facility, except where otherwise specified in the title.

Child day care facility means a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activity of daily living or for the protection of the individual on less than a 24-hour-per-day basis. "Child day care facility" includes day care centers and family day care homes.

Circus means a traveling show with, but not be limited to, acrobats, trained animals, and clowns.

Club, when applied to zoning, means an association of persons for some common nonprofit purpose, operating under bylaws providing regular dues and procedures for election to membership, but not including "nightclub" groups organized primarily to render a service which is customarily carried on as a business.

Cluster housing project means a grouping of lots of no specific area requirements but combined with common areas to compute the lot area required for any particular zone as specified in this title, as distinguished from the multistory apartment-type of development. Residential structures on such lots need not cover the entire lot, and may have common walls.

Commission means the Planning Commission of the City of Montclair.

Common areas in office and industrial condominium developments means the entire office or industrial condominium development excepting all office or industrial condominium units therein granted or reserved to individual ownerships.

Common areas in planned residential projects means the entire planned residential project excepting all units therein granted or reserved to individual ownerships.

Common use, when applied to planned office and industrial condominium developments, means the uninfringed utilization of common areas by the owner of a condominium interest within a condominium development.

Community apartment project means a project in which an undivided interest in the land and common area is coupled with the right to the exclusive occupancy or ownership of a designated apartment therein.

Community Development Director means the person responsible for directing the activities of the Community Development Department including the implementation of planning, zoning, and related codes and policies.

Complete independent living facilities means the permanent provision for living, sleeping, eating, cooking, and bathroom facilities for a main or accessory dwelling unit.

Conditioned space shall be defined as an area or occupied room that is being heated or cooled for human habitation.

Condominium means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

Such estate may, with respect to the duration of an enjoinment, be either:

1. An estate of inheritance or perpetual estate;

2. An estate for life; or

3. An estate for years.

Control valve means a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.

Controller means an automatic timing device used to control valves or heads to operate an irrigation system. A weather-based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).

Convenience Market, Neighborhood. Neighborhood convenience market means a retail facility of 8,000 square feet or less which provides a limited variety of food, sundries, and off-sale liquor for day-to-day shopping convenience located within 300 feet of neighboring residential zones.

Conversion factor (0.62) means a number that converts the maximum applied water allowance from acre-inches per acre per year, to gallons per square foot per year. The conversion factor is calculated as follows:

(325,851 gallons/43,560 SF)/12 inches = 0.62

Where: 325,851 gallons = one acre foot 43,560 square feet = one acre 12 inches = one foot

To convert gallons per year to 100 CF per year, divide gallons per year by 748 (748 gallons equals 100 CF).

Cooperative apartment means an improved real property owned or leased by a cooperative housing corporation or by any other corporation, partnership, trust or association, if all or substantially all of the shareholders of such corporation, or partners of such partnership, or beneficiaries of such trust, or members of such association, receive a right of exclusive occupancy in a portion of the apartment house, which right of occupancy is transferable only concurrently with the transfer of the stock, partnership interest, beneficial interest, or membership held by the person having such right of occupancy. For all purposes of this Code, a cooperative apartment will be subject to the same restrictions and conditions as condominiums and community apartments.

Cooperative apartment project means the entire parcel of real property, including all structures thereon, on which a cooperative apartment is to be constructed or an existing improved real property is to be converted to a cooperative apartment.

Cultivated landscape area means planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc.

Day-care center and day-care facility means a private or nonprofit child day-care center/facility, including nursery services, preschools, and extended day-care facilities, which provide care, protection and supervision of 12 or more children for periods of less than 24 hours per day. Such center/facility is for the care of healthy children ages two to 12 years old. This classification does not include family day-care homes.

Demolition, when applied to historical preservation, means the act or process of destroying an historic landmark, or a major portion of an historic landmark, including natural features, trees, agricultural areas, as well as exterior architectural features.

Design review means design review is the local government practice of examining public and private projects for their aesthetic, architectural, or urban design quality and compatibility with nearby development. Design review focuses on the appearance of new construction, site planning, and such concerns as landscaping, signage, and other aesthetic issues. Design review typically involves reviewing development projects for their consistency with a community's adopted standards or criteria addressing community character and aesthetic quality.

Designated parking spaces for trucks or trailers shall consist of a minimum area of 12.5 feet wide and 60 feet long, with a 65-foot backup space. Designated parking for tractor-only spaces shall consist of a minimum area of 12.5 feet wide and 30 feet long, with a 40-foot backup space.

Designation, when applied to historical preservation, means the act of selecting, in accordance with the criteria in this chapter, an historic landmark for official City status by the Historic Preservation Commission.

Detached means the physical separation of ten feet or greater between the primary and the proposed second unit structures.

Developer means a landowner or owner's agent responsible for the development of land. This definition does not include homeowners or landlords of single-family homes.

Development means the uses to which land will be put; the buildings and structures to be constructed on the land, and all alteration of the land and other construction associated with these uses, buildings, and structures.

Driveway means a hard-surfaced vehicle access, parking area or parking apron on private property improved by means of asphalt, concrete, cement, brick or block which is generally flat in contour and is substantially impervious. It shall not include pervious alternatives including, but not limited to, gravel, loose stone, or slag.

Duplex means the same as "dwelling, two-family."

Dwelling means a building, or portion thereof, designed for or occupied exclusively for residential purposes, including one-family, two-family, and multifamily dwellings, but not including hotels, boardinghouses, and lodging houses.

Dwelling unit means two or more rooms in a dwelling or apartment hotel designed for or occupied by one family for living or sleeping purposes and having only one kitchen.

Dwelling, Multiple. Multiple dwelling means a building, or portion thereof, designed for or occupied by three or more families living independently of each other.

Dwelling, One-Family. One-family dwelling means a detached building designed for or occupied exclusively by one family, including guests and servants employed on the premises, and having only one kitchen.

Dwelling, Two-Family. Two-family dwelling means a building under one roof designed for or occupied exclusively by two families living independently of each other.

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Educational institutions means schools, colleges, or universities supported wholly or in part by public funds, and other colleges, universities, or other schools providing general academic instruction, as determined by the State Board of Education.

Electrified Fence means any fence, barrier, or enclosure partially or totally enclosing a building, field, or yard, carrying any electrical pulse or charge through any part, section, or element, which is so designed or placed that a person or animal coming into contact with the conductive element of the fence receives an electrical shock. The use of any unmonitored electrified security fence not complying with MMC is prohibited.

Emitter means drip irrigation fittings that deliver water slowly from the irrigation system to the soil.

Established landscape means the point in which plants in the landscape area have developed roots into the soil adjacent to the root ball. Typically, most plants are established after one or two years of growth.

Establishment period means the first year after installing plant material in the landscape area, or the first two years if irrigation will be terminated after establishment.

Estimated annual applied water use means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance.

Estimated total water use means the annual total amount of water estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system.

ET adjustment factor means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water to be applied to the landscape area. A combined plant mix with a statewide average 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.71.

ETo (reference evapotranspiration) means a standard measurement of environmental parameters that affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall cool-season grass that is well watered.

Evapotranspiration means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. The reference evapotranspiration rates (in inches) for the City of Montclair are as follows: _____

_____

Exterior building wall means any wall or element of a wall, or any member or group of members, which defines the exterior boundaries or courts of a building.

Facade easement, when applied to historical preservation, means an easement for public protection of the facade of a landmark in order to assure its continued preservation and maintenance. Said easement shall be granted in the form of a deed and shall, in effect, make the City the owner of the facade. Unless otherwise agreed by both parties, maintenance of said facade shall be the responsibility of the landmark owner, but no alterations or changes of any kind to the facade shall be permitted without City approval.

Family means an individual, or two or more persons related by blood or marriage or a group of not more than five persons, excluding servants, who are not related by blood or marriage living together as a single housekeeping unit in a dwelling unit.

Family, Foster. Foster-family means an individual, or two or more persons related by blood or marriage and up to five children cared for as foster children or up to four mentally retarded or deficient persons, provided in such case the total number of persons living in a dwelling unit does not exceed eight persons, and further subject to the provisions of Chapter 11.52.

Family day-care home means a home which regularly provides care, protection and supervision for 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, subject to the following:

1. Large family day-care home means a home that provides family day-care to seven to 12 children, including children who reside in the home. Further, a large family day-care home may provide care for more than 12 children and up to and including 14 children if all of the following conditions are met:

a. At least two of the children are at least six years of age;

b. No more than three infants are cared for during any time when more than 12 children are being cared for;

c. The licensee notifies parents that the facility is caring for two additional school-age children and that there may be up to 13 or 14 children in the home at one time;

d. The licensee obtains written consent of the property owner when the family day-care home is operated on property that is leased or rented.

2. Small family day-care home means a home that provides family day-care to six or fewer children, including children who reside in the home. Further, a small family day-care home may provide care for more than six and up to eight children without an additional adult attendant, if all of the following conditions are met:

a. At least two of the children are at least six years of age;

b. No more than two infants are cared for during any time when more than six children are being cared for;

c. The licensee notifies parents that the facility is caring for two additional school-age children and that there may be up to seven or eight children in the home at one time;

d. The licensee obtains written consent of the property owner when the family day-care home is operated on property that is leased or rented.

Flow rate means the rate at which water flows through pipes and valves, usually in GPM or CFS.

Floor area means the total floor area measured from the outside of the exterior walls of a detached ADU, or the area from the outside of the exterior walls of the ADU to the centerline of shared interior walls that separate the accessory unit and primary unit living space. Proposed habitable space located under a sloping roof where the sloping ceiling measures less than five feet from the finished floor to the finished ceiling is not counted as floor area. Carports, covered porches (open on three sides) and patios, chimneys, stairwells and mechanical closets are not counted toward the determination of floor area of an ADU.

Floor Area, Gross. Gross floor area means the area of the primary structure or residence, including the area of attached garages and solid roof covered patios.

Freeway means a main highway in respect to which the owners of abutting lands have no right to easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access, and which is declared to be such in compliance with the California Streets and Highways Code.

Frontage means the length of a lot along a street or other principal public thoroughfare, but not including such length along an alley or railroad.

Front-yard area means the area from the front property line to the primary residence, including the required front yard setback.

Garage, Private. Private garage means a completely enclosed accessory building or a completely enclosed accessory portion of the main building designed or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

GPM means gallons per minute.

Garage, Public. Public garage means a building other than a private garage used for the care, repair, or equipping of automobiles or where such vehicles are kept for remuneration, hire or sale.

Gross acre means that number of acres which includes the total lot area plus that area dedicated or to be dedicated for public cross-through street purposes. In utilizing a dedicated area for the computation of gross acres, the extremities of such area shall not go beyond the center lines of those dedicated rights-of-way adjacent to the lot.

Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than two feet at maturity.

Guest house means living quarters within an accessory building located on the same premises with the main building for the use of temporary guests of the occupants of the premises and having no kitchen and not being rented or otherwise used as a separate dwelling.

Habitable floor area means the total floor area of all habitable rooms in a dwelling unit.

Habitable room means any finished and conditioned (heated) space or room in a dwelling unit other than a bathroom, closet, pantry, hallway, storage space, enclosed patio, laundry room, garage or carport as defined by the Building Code.

Hardscape or hardscaping means nonliving and inanimate and/or durable elements of a landscaping plan, including but not limited to pavement, masonry work or woodwork. Decorative hardscape elements include appropriately sized fountains or boulders, river rock, cobbles, crushed rock, gravel, organic mulches, walks, decorative pavers, and artificial turf that complement living plant materials and enhance the appearance of the property and structures built thereon, and serve as an integral part of an overall landscape concept. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of Chapter 11.60 herein.

Hardship, when applied to historical preservation, means a finding of extreme financial privation or adversity which allows granting of an alteration certificate for changes to a designated landmark that otherwise would not be granted by the Historic Preservation Commission or City Council on appeal.

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

Hazardous waste facility means any structure or other appurtenances and improvements on the land and all contiguous land used for treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste (California Health and Safety Code, Section 25117.1).

Hazardous waste facility project means a project under-taken for the purpose of siting and constructing a new hazardous waste facility that will require a hazardous waste facilities permit issued pursuant to Health and Safety Code Section 25200 or for the purpose of significantly expanding or modifying an existing hazardous waste facility that is being used or operated under a permit issued pursuant to Section 25200 or a grant of interim status pursuant to Section 25200.5. Unless expressly provided otherwise, "hazardous waste facility project" includes a "specified hazardous waste facility project."

Home occupation means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, 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 and does not adversely affect the uses permitted in the zone of which it is a part. Home occupation uses shall be subject to the provisions of Chapter 11.58 of this Code.

Homeowner means a homeowner, for purposes of Chapter 11.60 herein, is a person who owns the subject property and occupies the dwelling thereon. This definition excludes speculative homes, which are not owner-occupied dwellings and that are subject to the requirements applicable to developer-installed residential landscape projects. This definition also excludes rental units regardless of number of units on a property.

Homeowner installed landscape means any landscaping either installed by the homeowner or by a contractor, person, or persons hired by the homeowner.

Hospital means an institution for the diagnosis, care, and treatment of human illness.

Hotel means the building designed for, or occupied as, the more or less temporary abiding place of individuals who are lodged with or without means, in which building there are six or more guest rooms and in which no provision is made for cooking in any individual room or suite. Jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, or similar buildings where human beings are housed and detained under legal restraint are specifically not included in the definition of "hotel."

Hydrozone means a portion of the landscape area with plants having similar watering needs and which is served by a valve or set of valves with the same watering schedule.

Impervious surface means a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces include all concrete, asphalt and gravel surfaces. These include, but are not be limited to, streets and parking areas, sidewalks, patios, and structures which cover the land.

Industrial condominium development means a structure or structures proposed for construction comprising a project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated industrial or manufacturing space and accompanying facilities.

Industrial condominium unit means the element of an industrial condominium development which is not owned in common with the owners of other condominium interests in the development plus a proportionate share of all common areas.

Infant, when applied to children's day care facilities, means a person under three years of age who is being provided care and supervision in a children's day care facility.

Infiltration rate means the rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour).

Inoperative activity means a business or activity that has ceased operation at any given location for a continuous period of at least 60 days.

Invasive species means nonindigenous species that adversely affect the habitats they invade economically, environmentally or ecologically. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

IPH means inches per hour.

Irrigation audit means the evaluation of an irrigation system's performance and efficiency as conducted by a certified landscape irrigation auditor.

Irrigation efficiency means the measurement of the amount of water beneficially used, divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of Chapter 11.60 is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

Irrigation system means a permanent artificial watering system designed to transport and distribute water to plants.

Key Box (e.g. "Knox Box") means a secure device with a lock operable only by emergency personnel, and containing building entry keys and other keys that may be required for access in an emergency by the latest California Fire Code.

Kitchen means a room or area that is designed for and contains approved permanent cooking, refrigeration and sink facilities.

Kitchenette or efficiency kitchen means a small area designated for preparing food as part of a room instead of a separate room. A kitchenette or efficiency kitchen shall include each of the following elements:

A. Approved cooking, refrigeration, and sink facilities. A microwave or toaster oven shall not be considered an approved cooking appliance for purposes of determining if a room constitutes a kitchenette/efficiency kitchen.

B. A food preparation counter or counters that total at least 15 square feet in area; and

C. Food storage cabinets that total at least 30 square feet of shelf space.

Land disposal facility means a hazardous waste facility where hazardous waste is disposed in, on, under, or to the land.

Land use decision means a discretionary decision of a local agency concerning a hazardous waste facility project, including the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the Government Code.

Landmark, when applied to historic preservation, means any building, structure or property which has special historic, cultural, architectural or community value and which has been designated as an historic building and is shown to merit preservation, restoration and/or protection.

Landscape architect means a person licensed to practice landscape architecture in the State of California pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code.

Landscape area means the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, artificial turf, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

Landscape Concept Plan means the portion of a Landscape Documentation Package that includes a design statement for the project, irrigation notes, planting notes, the plant palette, meeting the water conservation goals, design standards, and specifications contained in Chapter 11.60 herein.

Landscape construction drawings means the portion of a Landscape Documentation Package that includes the irrigation plan, plant and soils plan, water management plan, and conforms with the requirements of Chapter 11.60 herein.

Landscape Documentation Package means the complete packet of documents required under Section 11.60.120 to be submitted to the local agency documentation packages include the Landscape Concept Plan and landscape construction drawings.

Landscape water audit means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. Audits include, but are not limited to, inspection, system tune-up, system test for distribution uniformity, verification of minimal overspray or runoff that causes overland flow and preparation of an irrigation schedule.

Landscaped area means unpaved areas which are improved by means of lawn or other ground cover, shrubs and trees, and which may include hard-surfaced areas and/or material such as decorative rock and bark. Such improved areas shall not exceed 20 percent, of the total landscaped area and are intended to be a complementary aspect of a landscape design.

Landscaping means any combination of living plant materials (such as trees, shrubs, vines, ground covers, or turf) and nonliving material (such as artificial turf, rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials). Parking, storage areas, or vehicular ways are not considered landscaping.

Local agency means a local agency is the entity responsible for the approval of a permit, plan check, and design review for a project. The City of Montclair is the local agency responsible for adopting and implementing the requirements in this title.

Local water purveyor means any entity including a public agency, city, county, or private water company that provides retail water service.

Loading space, when applied to zoning, means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials, and which loading space abuts upon a street, alley, or other appropriate means of access.

Lodging house means a building with not more than five guest rooms where, for compensation, lodging is provided for three persons, but not more than ten persons.

Lot means:

1. A parcel of land abutting on one or more public streets with a separate and distinct number or other designation shown on a plat or record of survey recorded in the Office of the County Recorder; or

2. A parcel of real property abutting at least one public street and shown on the records of the County Assessor as held under separate ownership from adjacent property prior to May 15, 1958.

Lot area means the total horizontal area within the lot lines of a lot.

Lot Line, Front. Front lot line means, in the case of an interior lot, a line separating the lot from the street and, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line.

Lot coverage means the sum of the footprint area of the primary and all accessory structures on a lot.

Lot Line, Rear. Rear lot line means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular, or gore-shaped lot, a line within the lot, parallel to and at a maximum distance from the front lot line, having a depth of not less than ten feet.

Lot Line, Side. Side lot line means any lot boundary line not a front lot line or a rear lot line.

Lot width means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the building line.

Lot, Corner. Corner lot means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees and a width not greater than 75 feet.

Lot depth means the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

Lot, Interior. Interior lot means a lot other than a corner lot.

Lot, Key. Key lot means the first lot to the rear of a reversed corner lot not separated by an alley.

Lot, Reversed Corner. Reversed corner lot means a corner lot, the side street line of which is substantially a continuation of the front line of the lot upon which it rears.

Lot, Through. Through lot means a lot having frontage on two parallel or approximately parallel streets.

Low-head drainage means drainage from a sprinkler that is caused by water flowing through an irrigation system from a higher level of elevation.

Main building means a building within which is conducted the principal use permitted on the lot as provided in this title.

Main dwelling unit means the existing or proposed single-family dwelling on the lot where an ADU would be located.

Major accessory structure means any accessory building or structure with a footprint greater than 120 square feet in area, and/or greater than eight feet in height. Major accessory buildings or structures shall not be connected to utilities without necessary permits.

Manufactured home means a dwelling unit constructed wholly or partially off-site that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and pursuant to Section 18551 of the California Health and Safety Code.

Maximum applied water allowance (MAWA) means for design purposes, the upper limit of annual applied water for the established landscape area as specified in Section 11.60.150 herein (calculation of the maximum applied water allowance). The maximum applied water allowance is based upon the reference evapotranspiration, the ET adjustment factor, and the size of the landscape area.

Minor accessory structure means an accessory building or structure with a footprint of 120 square feet or less and which is eight feet or less in height. Minor accessory buildings or structures shall not be connected to utilities without necessary permits.

Mobile home means a structure transportable in one or more sections designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. "Mobile home" does not include a recreational vehicle or factory-built housing.

Modular home means factory-built housing as defined in this chapter.

Modular unit means factory-built housing as defined in this chapter.

Monitored Electrified Security Fence means a perimeter alarm system that transmits a signal intended to alert the business utilizing the system and an alarm monitoring service in response to an intrusion or burglary with an assembly of battery-powered equipment, including but not limited to:

1. A monitored alarm device and energizer which is intended to periodically deliver non-lethal electric pulses to a security fence; and

2. A battery charging device used exclusively to charge the system's battery; and

3. Audible and video surveillance equipment; and

4. Other integrated components.

Motel means a group of attached or detached buildings containing individual sleeping or dwelling units with garages attached or parking spaces conveniently located to each unit, all for the temporary use of automobile tourists or transients, and shall include auto courts or motor lodges.

Mulch means any organic material such as leaves, or bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.

Net acre means the number of acres within the development site bounded by the property lines.

Nonconditioned space shall be defined to include, but not limited to, open decks, patios and breezeways and nonconditioned shops, garages or storage areas.

Nonconforming building, when applied to zoning means a building, or portion thereof lawfully existing on May 15, 1958, which was designed, erected, or structurally altered for a use which does not conform to the regulations of the zone in which it is located, or which does not comply with all the height and area regulations of the zone in which it is located.

Nonconforming use, when applied to zoning, means a building or land lawfully occupied on May 15, 1958, which use does not conform with the regulations of the zone in which it is situated.

Nonconforming zoning condition means a physical improvement on a property that does not conform to current zoning standards.

Off-sale beer and wine establishment as an incidental use means an establishment that is making application for or has obtained a retail liquor license (Type 20) from the California Department of Alcoholic Beverage Control (ABC) authorizing the sale of alcoholic beverages for consumption off the premises in original sealed containers. Such establishments shall be limited to an aggregate display area for alcoholic beverages of four square feet or less and ten cubic feet or less within the public area of the demised tenant space or building. Said display(s) shall be located a minimum of ten feet from all storefront windows of the establishment. Because of the strictly incidental nature of alcoholic beverage sales in such establishments, any business identification signs or temporary promotional signs for such establishments shall not include words, descriptions, inferences, logos, graphics, or the like indicating that the business engages in the incidental off-premises sale of alcoholic beverages.

Off-sale liquor establishment means any establishment which is making application for or which has obtained a retail liquor license from the California Department of Alcoholic Beverage Control (ABC) authorizing the sale of alcoholic beverages for consumption off the premises in original, sealed containers. Such retail liquor licenses include Type 20 - Off-sale beer and wine; and Type 21 - Off-sale general.

Office condominium development means a structure or structures proposed for construction comprising a project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated interior office space and accompanying facilities.

Office condominium unit means the element of an office condominium development which is not owned in common with the owners of other condominium interests in the development plus a proportionate share of all common areas.

On-sale liquor establishment means any establishment wherein alcoholic beverages are sold, served, or given away for consumption on premises licensed, or proposed to be licensed, by the California Department of Alcoholic Beverage Control. Such retail liquor licenses include, but are not limited to the following:

1. Type 40—On-sale beer;

2. Type 41—On-sale beer and wine eating establishments;

3. Type 42—On-sale beer and wine public premises—no minors;

4. Type 47—On-sale general eating establishments—beer, wine, and distilled spirits;

5. Type 48—On-sale general public premises—beer, wine, distilled spirits—no minors.

Open patio or trellis structure means an accessory structure having a roof constructed of lattice or other roof material that allows light and air to pass through a minimum of 50 percent of the roof surface. Additionally, the sides of an open structure consist only of support posts and decorative or functional elements, such as braces and railings, such that light and air can pass through a minimum of 75 percent of each side. Open patio structures include, but are not limited to, trellises, trellis-like patio covers, and other shade structures.

Open space means the land areas which are not occupied by buildings, structures, streets, open visitor parking spaces or alleys, excepting, however, approved landscaped features and active recreational facilities when developed in accordance with the provisions of the Code.

Operating pressure means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler.

Ordinary maintenance, when applied to historic preservation, means any work for which a maintenance and repair building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage.

Orientation, when applied to zoning, means the direction in which a dwelling unit opens upon the outside for the purpose of providing views or access to outside areas, such as recreation areas, gardens and/or patios. "Orientation" can be generally recognized by the use of large glass panels. The orientation of a dwelling unit may be classified as either "primary" or "secondary." Primary orientation shall be considered as the orientation that relates to an active area in the dwelling unit, such as living rooms, family rooms, kitchens, or any other area that has a function of providing space for family activities. Secondary orientation shall be considered as the orientation that relates to a passive area in the dwelling unit, such as bedrooms, bathrooms, and any other area that has the basic function of providing space for restful or private activities. Secondary orientation is usually directed into enclosed or screened private outdoor areas. It shall also be possible to have more than one primary or secondary orientation in a single dwelling unit.

Outdoor advertising display means any card, paper, cloth, metal, wooden, painted, or other display or device of any kind or character placed for outdoor advertising purposes on the ground or on any tree, wall, rock, fence, building, window structure or thing.

Outdoor advertising structure means a structure of any kind or character erected or maintained for outdoor advertising purposes upon which any outdoor advertising display may be placed.

Outdoor living space means the functional area outside the dwelling unit that provides for outdoor activities, either private or communal in nature. It shall be a space that may provide for activities which may be quite passive to those which may be athletically oriented.

Outside storage areas means any space not within the primary structure which is used for the keeping of any goods or materials and which is not fully enclosed by solid walls and a roof.

Overspray means irrigation that is delivered beyond the landscape area, wetting pavement, walkways, structures, or other nonlandscaped areas.

Parcel Map is a land division map used for developments of four (4) or fewer residential lots.

Parking Area, Public. Public parking area means an open area other than a street, alley or place used for the temporary parking of automobiles which is available for public use, whether free, for compensation, or as an accommodation for clients or customers.

Parking Space, Automobile. Automobile parking space means a space within a building or public parking area for the temporary parking or storage of one automobile, exclusive of streets, alleys, driveways, aisles, and the area of ingress or egress, and consisting of an area not less than nine feet wide and 20 feet long, and having access at all times to a public street or alley.

Parking Space, Truck, Tractor and/or Trailer. Truck, tractor and/or trailer parking space means a space in a public parking area for the temporary parking or storage of trucks, including tractor and trailer or tractor only, exclusive of streets, alleys, driveways, aisles and areas of ingress and egress.

Parkway means that area of land located between the back of the street curb and the property line including any sidewalk or landscaping area located therein.

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

Patio means a private outdoor living space attached to and having direct access from a single dwelling unit. A patio may be enclosed on all sides with a screening device to ensure privacy, but at no time shall it have a roof in conjunction with such screening device.

Pavement means an area improved by the laying or covering with a material such as asphalt, concrete, cement, layed brick or block, forming a substantially flat, hard, and level surface.

Pervious surface means any surface or material that allows the passage of water through the material and into the underlying soil.

Planned residential development means a structure or structures proposed for construction, deviating from the requirements of the particular zone in which it is proposed to be located, and consisting of:

1. Individual family living units under individual ownerships developed as row houses, a condominium, community apartments or as cluster housing; or

2. A project in which an undivided interest in the land is coupled with the right to the exclusive occupancy of a designated apartment thereon, such as a community apartment project; or

3. Other comparable facilities.

Plant materials means all living plant species consisting of trees, shrubs, annuals, perennials, vines, groundcovers, ornamental and turf grasses that will thrive in the City's climate.

Planting plan means plan submitted with the construction drawings indicating a list and quantity of plants.

Potable water means water meant for human consumption that is treated to legal standards for human consumption.

Pressure regulator means a device used in sprinkler systems for radius and high pressure control.

Primary dwelling unit means a principal, permitted single-family dwelling.

Promotional outdoor sales means a time-specified outdoor sale event held by a commercial or retail business located on the same lot, such as sidewalk or parking lot sales.

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

Provider means a person who operates a child day care facility and is licensed by the State Department of Social Services.

PSI means pounds per square inch.

Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Public utility means any entity coming under the authority and jurisdiction of the Public Utilities Commission of the State.

Recycled water means treated wastewater of a quality suitable for nonpotable uses, such as landscape irrigation and water features. Because it is suitable for a direct beneficial use or a controlled use that would not otherwise occur, it is considered a valuable resource. This water is not intended for human consumption.

Regular maintenance means regular maintenance shall include, proper pruning, staking, mowing and aerating of lawns, weeding, removal of litter, fertilizing, replacement of plants and mulch when necessary, and watering in accordance with required watering schedule. Also included is the routine inspection, adjustment, and repair of the irrigation system and its components, conducting water audits, prescribing the amount of water applied per landscaped acre, aerating and dethatching turf areas, replenishing mulch, fertilizing, and pruning and weeding in all landscape areas.

Rehabilitated landscapes means any relandscaping associated with a project that requires a building permit and meets the requirements of Section 11.60.030.

Rest home means a building where lodging, meals, nursing care, dietary care, or other personal services are rendered to one or more convalescents, invalids, or aged persons for compensation, but excluding cases of contagious or communicable diseases and surgery or primary treatments such as are customarily provided in sanitariums and hospitals.

Rooming house means a building with not more than five guest rooms where, for compensation, lodging is provided for three persons, but not more than ten persons.

Runoff means water that is not absorbed by the soil or landscape area to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), for an excessive time period, or when there is a steep slope.

Sanitarium means a health station, retreat, or other place where patients, other than mental or alcoholic patients, are kept and where medical or surgical treatment is given.

Satellite dish antenna means any apparatus capable of receiving or transmitting communications from a transmitter or a transmitter relay located in planetary orbit.

School, Elementary and High. Elementary school and high school means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State.

Seasonal outdoor sales, when applied to zoning, means the sale of only seasonal crops which are solely grown and sold on the same lot. Seasonal outdoor sales shall also apply to the sale of Christmas trees and pumpkins during their seasons.

Second dwelling unit means an attached or detached residential dwelling unit that provides complete and independent living facilities for one or more persons. It includes permanent provisions for living, sleeping, eating, cooking, bathing, and sanitation on the same parcel as a primary dwelling unit.

Secretary, when applied to historic preservation, means the secretary of the Planning Commission who shall act as the Secretary of the Historic Preservation Commission.

Service station means an area or structure where motor vehicle fuel is sold.

Service station: Dispensing only means a service station which provides fueling only with no other services, accessory sales, or miscellaneous sales.

Service station: Full service means a service station which provides for the sale of motor vehicle fuel and the sale and installation of accessories. No repair work shall be done, except the exchange of parts and maintenance requiring no open flame, welding, or the use of highly flammable liquids. All service and repair work shall be completed in one working day. Permitted services shall include greasing, oiling, tire repair, battery servicing, air-conditioning service, approved steam cleaning, ignition service, and general automotive repair. Services and maintenance excluded shall include painting, body work, and heavy duty engine overhauling.

Service station: Mixed use means a service station which has a use other than defined in this chapter.

Signs:

1. Advertising structure means a structure of any kind or character erected or maintained for outdoor advertising purposes upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed for advertising purposes.

2. Animated sign means a sign designed to attract attention through movement or the semblance of movement of the whole or any part, including but not limited to signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement, but not including flags, banners, or time and temperature signs.

3. Announcement or bulletin board sign means a sign permanent in character designed to accept changeable copy, handbills, posters, and matters of a similar nature.

4. Area of sign means the area of a sign which includes the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area within parallelograms, triangles, or circles of the smallest size sufficient to cover the entire area of the sign and computing the area of these parallelograms, triangles, or circles. The area computed shall be the maximum portion or portions which may be viewed from any one direction.

5. Balloon, Hot or Cold Air. Hot or cold air balloon means an inflated structure, over 36 inches in diameter in any direction, made of vinyl, fabric, cloth or other lightweight materials held up by means of helium or other form of hot or cold air or gas, attached to any structure or building on the ground with the purpose of gaining attention from passersby.

6. Banner, flag or balloon means any cloth, bunting, plastic, paper, or similar material used for temporary advertising purposes, with or without copy, attached or pinned onto or from any structure, staff, pole, line, framing, vehicle, or other object.

7. Billboard means an off-premises freestanding sign with changing advertising copy.

8. Canopy sign means either (a) any sign placed on or supported entirely by a rigid or nonrigid shelter or other structure projecting out from any exterior wall or portion of a building or other structure; or (b) any sign attached to or suspended under any rigid or nonrigid portion or support of a building or other structure, including but not limited to a breezeway, pedestrian passageway, porch or veranda.

9. Center identification sign means a freestanding or monument sign which identifies or directs attention to a shopping center, business park or office complex.

10. Changeable copy means copy for temporary use which is changed at periodic intervals and which may be utilized on freestanding wall, bulletin board, or announcement signs.

11. Construction sign means a temporary, on-premises sign which states the names of those individuals, businesses or organizations connected with the construction of a project such as architects, engineers, contractors, developers, owners, or financial institutions, the name of the project, major future tenants, general leasing information and emergency telephone numbers.

12. Copy means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.

13. Directional sign means a sign which contains any of the following words: "entrance," "enter," "exit," "in," "out," "one-way," or other words which contain nonflashing arrows or other characters indicating traffic direction.

14. Directory sign means a sign on which the names and locations of occupants or the use of a building is given.

15. Erect means to build, construct, attach, hand place, suspend, or affix to or upon any surface.

16. Electronic message centers (EMCs) are programmable digital signs or message boards that utilize computer-generated messages, text and/or images, or some other electronic means of changing copy.

17. Face of building means the area of a building elevation, front, rear or side, in which a business is located.

18. Flashing sign means a lighted sign which in whole or in part disappears and reappears at periodic intervals, changes in intensity or creates the illusion of motion in any manner, or is intermittently on and off and is placed so it will attract attention.

19. Freestanding sign means a sign which is permanently supported by one or more uprights, braces, poles, or other similar structural components when utilizing earth, rock, the ground, or a foundation set in the ground as a primary supportive base.

20. Grand opening means the promotional activity used by an established businesses within 60 days after occupancy to inform the public of their location and contribution to the community. "Grand opening" does not mean an annual or occasional promotion of retail sales or change of ownership, management or business name.

21. Height of sign means the vertical distance from the uppermost point of the sign to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement permits the greater elevation of the sign.

22. Inflatable sign means the form of any characters, animals or shapes over 36 inches in diameter in any direction, made of vinyl, fabric, cloth or other lightweight materials, held up by means of helium or other form of hot or cold air or gas, attached to any structure or building on the ground, regardless of height, with the purpose of gaining attention from passersby.

23. Interior sign means a sign located inside a building that is not easily visible from the public street.

24. Logo means a visual symbol, such as a trademark of an established business, product or organization which may be all or part of a sign.

25. Maintenance of signs means the regular upkeep of a sign, sign structure, and related components including any landscaped planter around the sign. Signs and related components shall be kept in good repair and working condition; free from missing, broken or damaged sign panels and generally free from unauthorized sign graphics, including graffiti.

26. Master Sign Program means an adopted master plan providing coordinated signing for a contiguous group of businesses in a multitenant center or complex using one or more common design elements such as colors, material lettering, sign type or style, or illumination.

27. Reserved.

28. Menu board sign means any wall or monument sign displaying a list of items available at a drive-through business for the purpose of taking drive-through orders.

29. Monument sign means a low-profile freestanding sign of less than eight feet in height, incorporating the design and building materials accenting the architectural theme of a building on the same property and is erected upon or supported solely by a landscaped planter, pedestal base, or similar ground structure.

30. Nameplate means a sign naming the occupant of the premises, the business entity and/or address, generally of no more than four square feet.

31. Neon sign means any glass tube lighting in which a gas and phosphorus are used in combination to create a colored sign.

32. Nonconforming sign means a sign that was legal at the time it was erected but does not now comply with the provisions of this Code. This definition does not include any sign that has been erected or maintained in violation of any safety or health provisions of this Code, or that otherwise constitutes a danger to public health or safety.

33. Off-site sign means a sign which in any manner advertises or directs attention to businesses, services, goods, persons or events at some location other than that upon which the sign is located.

34. Painted sign means a sign painted directly on the exterior surface of a building or structure except on the vertical face or valance of an awning or canopy.

35. Pedestrian traffic sign means a sign subject to the size limitation listed in this title which is other than the main business identification sign and which is oriented to pedestrian traffic for the purpose of providing directions to and identification of certain uses or buildings. Such sign shall not include any advertising information.

36. Political sign means any sign, advertising structure, or display which communicates any message or idea identifying, supporting, opposing, promoting or conveying a position upon any proposition or issue connected with any local, State or national election, or relating to any candidate for public office.

37. Portable sign means a sign not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs, fence signs and trailer signs.

38. Poster sign means a sign attached to the ground in a manner approved by the Building Official, which sign may be visible from adjacent streets or highways.

39. Projecting sign means a sign other than a wall sign that is suspended from or supported by a building or wall and which projects more than 12 inches from the building or wall.

40. Real estate sign means a sign and sign structures relating to the sale, lease, rental or other disposition of the real property or subdivision and which is temporary in nature. Such sign is classified as an "on-site" real estate sign when located within the real property or subdivision it advertises, and is classified as an "off-site" sign when not so located.

41. Revolving sign means a sign, of which all or a portion may rotate either on an intermittent or constant basis.

42. Roof sign means a sign erected, constructed, or placed upon or over a roof or parapet wall of a building, and which is wholly or partly supported by such building.

43. Sign means a device, fixture, surface or structure of any kind or character, made of any material whatsoever, displaying letters, words, texts, illustrations, symbols, forms, patterns, colors, textures, shadows or lights, or any other illustrative or graphic display designated, constructed or placed on the ground, on a building canopy, wall, post or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person or activity, whether located on the site, in any structure on the site, or in any other location. The term "placed" includes constructed, erected, posted, painted, printed, tacked, nailed, glued, stuck, sculpted, carved, or otherwise fastened affixed, or made visible in any manner whatsoever.

44. Sign Code means the adopted Uniform Sign Code of the City of Montclair.

45. Sign structure means the support, uprights, bracing, guy rods, cables and framework of a sign or outdoor display.

Site plan means a plan, prepared to scale, showing all of the uses proposed for a specific property. The plan shall show all buildings, structures, signs, the off-street parking layout, loading spaces, points of ingress and egress, walls, fences, and any additional information which may be necessary to clearly define the intended use of the property.

Small animal clinic means a place where small household pets are given grooming and hospital and medical treatment. Such treatment shall not include boarding, training, breeding, or other nonmedical services.

SMART irrigation controller means weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust water schedules.

Soil amendments means any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.

Soil Management Plan means a plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments.

Soil test means a test done by a soil test lab that indicates, at a minimum, soil texture, water holding capacity, pH, and soluble salts.

Soil type means the classification of soil based on the percentage of its composition of sand, silt, and clay.

Space, Habitable. Habitable space means a room or rooms meeting the minimum requirements of the California Building Code and that is intended for sleeping, living, cooking or dining purposes, excluding enclosed places (e.g., closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces).

Special event sign means a temporary sign which advertises special events and activities such as grand openings, charitable and seasonal events, as well as events pertaining to any civic, patriotic, religious, cultural, community or political events taking place on a specific date or dates.

Special landscape area means landscape areas dedicated to edible plants or irrigated with recycled water, water features filled with recycled water, cemeteries, and areas dedicated to active play such as parks, sports fields, and golf courses.

Specified hazardous waste facility means an off-site facility which serves more than one producer of hazardous waste.

Specified hazardous waste facility project means a project undertaken for the purpose of siting and constructing a new specified hazardous waste facility or for the purpose of significantly expanding or modifying an existing specified hazardous waste facility that is being used or operated under a permit issued pursuant to Section 25200 or a grant of interim status pursuant to Section 25200.5.

Sprinkler head means a device which delivers water through a nozzle.

Stable, Private. Private stable means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stable, Public. Public stable means a stable other than a private stable.

Static water pressure means water main pressure available from the water purveyor (Monte Vista Water District).

Station means an area served by one valve or by a set of valves that operates simultaneously.

Story means that portion of a building included between the surface of any one floor and that next above it, but if there shall be no floor above it, the space between such floor and the ceiling next above it.

Street means a public thoroughfare which affords the principal means of access to abutting property.

Street line means the boundary line between the street and abutting property.

Street, Side. Side street means that street bounding a corner lot and which extends in the same general direction as the line determining the depth of the lot.

Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists or roof joists, girders or rafters, or changes in roof or exterior lines.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences 42 inches or less in height.

Structure, Primary. Primary structure means a structure that houses the primary legal use on a property or lot. It shall not apply to accessory structures (e.g., garages, pool houses, sheds, etc.).

Sunset Western Climate Zone System means the climate zone system designed and published by Sunset Magazine for its Western Garden Book. The Sunset System is designed to account for such factors as precipitation, summer heat, and plant performance in assigning zone designations. For the purposes of Chapter 11.60 herein, the City of Montclair is located in Zones 18 and 19.

Synthetic turf means an artificial product manufactured from synthetic materials that effectively simulate the appearance of live turf, grass, sod, or lawn. The use of indoor or outdoor plastic or nylon carpeting as a replacement of synthetic turf or natural turf shall be prohibited.

Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

Temporary sign means a sign erected for a temporary purpose and for a generally short period of time with the main objective of attracting attention to an activity.

Temporary special event means a temporary outdoor celebration, ceremony, reception, function, or festival, involving a gathering of people which occurs only periodically that is conducted pursuant to Chapter 11.68 of the Montclair Municipal Code or that is conducted by a neighborhood, City, or school on public property, or by a church, or civic group on privately owned property where all other appropriate permits are obtained, if applicable, such as encroachment permits, County Health Department permits, and/or a California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor. The temporary event shall be limited to no more than three consecutive days.

Townhouse means an arrangement of single-family dwellings, joined by common walls on not more than two sides, with the uppermost story being a portion of the same dwelling located directly beneath at the grade of the first floor level, and having exclusive individual ownership and occupant rights of each dwelling unit, including but not limited to the land area directly beneath such dwelling.

Tree topping means topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the natural canopy and disfigure the tree. Crown reduction by a qualified arborist may be substituted, where appropriate.

Turf means a surface layer of earth containing mowed grass or grass-like plant with its roots, planted as sod, seed, or hydroseed. Common cool-season turfs include annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue. Common warm-season turfs include Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and Buffalo grass.

Two-Unit Project means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on an existing legally subdivided lot per the requirements of this section.

Unit, means any dwelling unit, including, but not limited to, a unit or units created under Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.

Urban Lot Split means the subdivision of an existing legally subdivided lot into two lots per the requirements of this section.

Usable common open space means the open space which is suitably located and improved for common recreational purposes, active or passive, and accessible to each lot or dwelling within a development through a system of public or private walkways.

Usable open space means the land areas meeting the qualifications and definitions of either usable common open space or usable private open space.

Usable private open space means the open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one dwelling and may include covered patio areas.

Use means the purpose for which land or a building is arranged, designed or intended, or for which either is or may be occupied or maintained.

Valve means a device used to control the flow of water in an irrigation system.

Vegetation, Native. Native vegetation means any plant species with a geographic distribution indigenous to all or part of the southern region of the State of California. Plant species that have been introduced by man are not native vegetation.

Vehicle or mobile sign means any sign or advertising devices mounted, attached, affixed, or painted upon any surface of a motor vehicle, trailer, or similar conveyance, except for a sign or sign graphics decoratively painted directly upon or permanently affixed to the body of said vehicle, which is intentionally parked on or adjacent to any property with the sole purpose of attracting attention to a product sold or an activity or business located on the property.

Walkway means a space through which an element of a pedestrian circulation system passes, such as sidewalks or paths. A walkway shall include the sidewalk, patch, etc., and the adjacent landscaped area. The space may be defined by the walls of buildings, fences, plant materials, or any combination of these features.

Wall sign means a sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 12 inches from the building or structure wall.

Water-conserving landscape design means a landscape design developed to conserve water.

Water efficiency means the planned management of water to prevent waste, overuse, and exploitation of the resource. Water efficiency planning incorporates the analysis of costs and uses of water; specification of water-saving solutions, installation of water-saving measures, and verification of savings to maximize the cost-effective use of water resources. Water-efficient irrigation and landscaping measures include use of water-efficient irrigation systems, irrigation control systems, low-flow sprinkler heads, water-efficient scheduling practices, and drought-resistant plant materials.

Water feature means any object that utilizes water for nonirrigation, decorative purposes. Fountains, streams, man-made ponds, man-made lakes, and swimming pools are considered water features.

Water Management Plan means a plan submitted with the construction drawings as part of the Landscape Documentation Package.

Water Quality Management Plan (WQMP) means a guideline for project-specific post construction Best Management Practices and to address management of urban runoff quantity and quality to protect receiving waters.

Water schedules means schedules of irrigation times through a given year.

Window area means an area computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.

Window sign means a sign or decoration painted, attached, glued, or otherwise affixed to a window or located within three feet of the interior side of the window or otherwise easily visible from the exterior of the building.

WUCOLS means a publication (Water Use Classification of Landscape Species) by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation (2000). The purpose and intended use is to provide guidance to landscape professionals when selecting plant material and when estimating the amount of water used by plants. It also serves as a guide to assist in developing irrigation schedules for existing landscapes.

Yard means an open space, other than a court, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided.

Yard sale means any event, other than a sales activity operated in conjunction with a regularly licensed commercial or retail operation, which is advertised by any means whatsoever as a place or location to which members of the public, at any time, may purchase identifiable or tangible personal property. Also included in this definition are garage sales, patio sales, rummage sales, or any other similar sales.

Yard, Front. Front yard means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line or planned street line and a line parallel thereto on the lot.

Yard, Rear. Rear yard means a yard contiguous to the rear line of a lot and extending from side lot line to side lot line. On a corner lot, the rear yard shall extend from the interior side lot line to the side yard on the street side.

Yard, Side. Side yard means a yard between the main building or accessory building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard or rear lot line. The width of the side yard shall be measured horizontally from the nearest part of the side lot line toward the main or accessory building.

(Ord. 07-891 § 3 (part); Ord. 01-809 § 1; Ord. 99-791 Exh. A (part): prior code §§ 9-3.205, 9-4.201—9-4.279, 9-4.902, 9-4.2005, 9-6.303, 9-6.702, 9-6.902, 9-7.201, 9-10.103)

(Ord. No. 08-905, § 2A, 1-5-09; Ord. No. 10-913, § 3, 7-6-10; Ord. No. 10-916, § 1, 10-18-10; Ord. No. 13-933, § 1, 6-17-13; Ord. No. 14-942, § 1, 5-19-14; Ord. No. 14-945, § 1, 9-2-14; Ord. No. 16-957, § 1, 10-17-16; Ord. No. 17-968, § 1, 9-18-17; Ord. No. 18-978-U, § 4, 12-17-18; Ord. No. 21-996, § II, 10-4-21; Ord. No. 24-1005, § II, 2-5-24; Ord. No. 24-1007, § III, 3-18-24)