Newark Municipal Code Ch. 17.46 Definitions

Abutting or adjoining. Having a common boundary.

Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property.

Accessory building. See Building, accessory.

Accessory structure. See Structure, accessory.

Accessory use. See Use, accessory.

Acre, gross. A measure of total land area of a lot or site, including areas to be dedicated for public rights-of-way, streets, schools, or other dedications.

Acre, net. A measure of land area of a lot or site remaining after dedication of all areas for public rights-of-way, streets, schools, or other dedications.

Adjacent. Directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.

Agent. A person who has been given written authorization by the property owner to represent and act for a property owner in contacts with the city.

Aggrieved person. Any person who, in person or through a representative, appeared at a city public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.

Alley. A public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

Area, gross. The horizontal area within the boundaries of a lot or site including any area for future streets, parks, and other dedications.

Architectural feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

Arterial street. A street classified as an arterial in the transportation element of the general plan.

Attached building or structure. A building or structure having a common wall with another building or structure.

Awning. An architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Balcony. A platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building's interior, is not accessible from the ground, and is not enclosed by walls on more than three sides.

Basement. A non-habitable space beneath the first or ground floor of a building the ceiling of which does not extend more than four feet above finished grade.

Bedroom. Any room having the potential of being a bedroom and meeting the standards of the building code as a sleeping room.

Block. Property bounded on all sides by a public right-of-way.

Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials.

Building, accessory. A detached subordinate building used only as incidental to the main building on the same lot.

Building, main. A building in which the primary use of the parcel on which it is located is conducted.

Building code. Any ordinance or regulations of the city governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code, other state-adopted uniform codes and the Minimum Building Security Standards Ordinance.

Building face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building.

Building footprint. See "Footprint."

Building frontage. The lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business, even though another business may also have entitlement to that parking lot.

Building height. See "Height."

Building site. A lot or parcel of land occupied or to be occupied by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

California Environmental Quality Act (CEQA). Public Resources Code §§ 21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§ 15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

Camper. As defined in the California Vehicle Code.

Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

City. The City of Newark.

City council. The city council of the City of Newark.

Change of use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

Collector street. A street classified as a collector in the transportation element of the general plan.

Commercial vehicle. Defined in the California Vehicle Code. Pickup trucks and vans not exceeding one-ton rated capacity and which are used primarily for private non-commercial purposes are not considered commercial vehicles.

Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.

Condition of approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for city approval.

Conditional use. A use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that particular location.

Conditionally permitted. Permitted subject to approval of a use permit.

Construction. Construction, erection, enlargement, alteration, conversion, or movement of any building, structures, or land, together with any scientific surveys associated therewith.

Cottage food employee. An individual, paid or volunteer, involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

Cottage food operation. An enterprise that takes place within the registered or permitted area of a private home where the cottage food operator lives, and where cottage food products are prepared or packaged for direct and/or indirect sale to consumers. A cottage food operation may be either of the following:

"Class A" cottage food operation. A cottage food operation which engages only in direct sales of cottage food products from the cottage food operation or other direct sales venues, such as holiday bazaars, bake sales, farm stands, county-certified farmers' markets, or through community-supported agriculture subscriptions.

"Class B" Cottage Food Operation. A cottage food operation, which engages in both direct sales as described above, and indirect sales, including from offsite events or from a third-party retailer.

Cottage food operator. An individual who operates a cottage food operation in his or her residence and is the owner of the cottage food operation.

Cottage food products. Nonpotentially hazardous foods, including but not limited to foods that are described in Section 114365.5 of the California Public Health and Safety Code, and that are prepared for sale in the kitchen of a cottage food operation.

County. The County of Alameda.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.

Demolition. The intentional destruction and removal of fifty percent or more of the enclosing exterior walls and fifty percent of the roof of any structure.

Density. The number of dwelling units per acre of land.

Detached building or structure. A building or structure which does not have a common wall with another building or structure.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

Development agreement. An agreement between the city and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements.

Director. The community development director of the City of Newark or his/her designee.

District. See "Zoning district."

Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.

Dwelling unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

Effective date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Electrical code. Any ordinance of the city regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Environmental impact report (EIR). An environmental impact report as required under the California Environmental Quality Act (CEQA).

Environmental review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.

Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Family. One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Fence. Horizontal and vertical structures that are intended to separate properties, retain soil materials, and provide security; or as defined by the building official. Fences may also be walls, hedges, and screen plantings.

Firearms. Any device designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion.

Floor area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structures unless otherwise stipulated. See also Section 17.02.030.F, Determining Floor Area.

Floor area ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also Section 17.02.030.F, Determining Floor Area Ratio.

Foot-candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

Footprint. The horizontal area, as seen in plain view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also Section 17.02.030.H, Determining Lot Coverage.

Freeway. A state or interstate highway.

Frontage, street. That portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Garage. An accessory structure or portion of a main structure, enclosed on three or more sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

General plan. The City of Newark General Plan.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

Government Code. The Government Code of the State of California.

Grade. The location of the ground surface:

Existing or natural grade. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Finished grade. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

Ground floor. The first floor of a building other than a basement that is closest to finished grade.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Hazardous materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Heat. Thermal energy of a radioactive, conductive, or convective nature.

Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Section 17.02.030.C, Measuring Height.

Home occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

Household. See "Family."

Household pets. Animals that are customarily kept within a dwelling or a yard for the personal use or enjoyment of the residents. Household pets include domestic birds, cats, dogs, fish, rabbits, rodents, or snakes, but do not include horses, mules, goats, cows, hogs or other similar size animals, or roosters or peacocks.

Housing costs. The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs include the monthly rent payment and utilities. For an ownership unit, total housing costs include the mortgage payment (principal and interest), homeowner's association dues, mortgage insurance, taxes, utilities, and any other related assessments.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Illegal use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

Improvement. An object affixed to the ground other than a structure.

Incidental use. See Use, incidental.

Income levels. Income levels for households whose gross incomes do not exceed the qualifying extremely low, very low, low, and moderate income limits established in § 6932 of the California Code of Regulations, and amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate based on the Alameda County median income levels by family size. These income limits are equivalent to the following:

Extremely low income household. Under thirty percent of area median income, adjusted for household size appropriate for the unit.

Very low income household. Thirty to fifty percent of area median income, adjusted for household size appropriate for the unit.

Low income household. Fifty to eighty percent of area median income, adjusted for household size appropriate for the unit.

Moderate income household. Eighty to one hundred twenty percent of area median income, adjusted for household size appropriate for the unit.

Intensity of use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.

Intersection, street. The area common to two or more intersecting streets.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Land use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

Landscaping-related definitions:

Hedge. Any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line. Hedges are not considered trees for the purposes of this title.

Hydrozone. A portion of the landscaped area having plants with similar water needs.

Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth-patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Mulch. Any organic material, such as leaves, bark, straw, compost, or inorganic mineral materials, such as rocks, gravel, and decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Pruning. The removal of more than one-third of the crown or existing foliage of the tree or more than one-third of the root system.

Runoff. Water that is not absorbed by the soil or landscape to which it is applied, and flows from the landscape area.

Shrub. A bush, hedge, or any plant that is not a tree more than twelve inches tall.

Tree. Any live woody or fibrous plant, the branches of which spring from and are supported upon a trunk.

Trim. The cutting or removal of a portion of a tree, which removes less than one-third of the crown or existing foliage of a tree, removes less than one-third of the root system, and does not kill the tree.

Light fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

Lodging House. A single family home which allows leasing of bedrooms. A single family home may have a maximum of two rooms leased when the home is owner-occupied. The owner shall retain access to all areas of the dwelling unit occupied by the lodger and overall control of the dwelling unit. The leasing of rooms shall not be less than thirty days.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with the County of Alameda, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

Abutting lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

Corner lot. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five degrees.

Flag lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet of width.

Interior lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than one hundred thirty-five degrees; a lot other than a corner lot.

Key lot. An interior lot adjoining the rear lot line of a reversed corner lot.

Reversed corner lot. A corner lot, the rear of which abuts the side of another lot, whether across a lane or not.

Through lot. A lot having frontage on two parallel or approximately parallel streets.

[Figure: FIGURE 17.46.120(1): LOT TYPES]

FIGURE 17.46.120(1): LOT TYPES

Lot area. The area of a lot measured horizontally between bounding lot lines.

Lot coverage. The portion of a lot that is covered by structures, including main and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Section 17.02.030.H, Determining Lot Coverage.

Lot depth. The horizontal distance between the front and rear property lines of a site measured midway between the side property lines. See also Section 17.02.030.D, Measuring Lot Width and Depth.

Lot frontage. See "Frontage, street."

Lot line. The boundary between a lot and other property or the public right-of-way.

Lot line types:

Front lot line. On an interior lot, the line separating the lot from the street or lane. On a corner lot, the shorter lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained.

Interior lot line. Any lot line that is not adjacent to a street.

Rear lot line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

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

Street side lot line. A side lot line of a corner lot that is adjacent to a street.

[Figure: FIGURE 17.46.120(2): LOT LINE TYPES]

FIGURE 17.46.120(2): LOT LINE TYPES

[Figure: FIGURE 17.46.120(3): REAR LOT LINES, IRREGULAR LOTS]

FIGURE 17.46.120(3): REAR LOT LINES, IRREGULAR LOTS

Lot width. The average distance between the side lot lines measured at right angles to the lot depth. See also Section 17.02.030.D, Measuring Lot Width and Depth.

(Ord. No. 503, § 1(Exh. A), 1-25-2018; Ord. No. 505, § 3(Exh. A), 7-12-2018)

Maintenance and repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.

Mansard. A wall which has a slope equal to or greater than two vertical feet for each horizontal foot and has been designed to look like a roof.

Municipal Code. The City of Newark Municipal Code.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Nonconforming building. See Nonconforming structure.

Nonconforming lot. A legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.

Nonconforming structure. A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.

Nonconforming use. The use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

On-site. Located on the lot that is the subject of discussion.

Opacity. A measure of the relative light impenetrability of fencing, windows, and doors, typically expressed as a percentage. An opaque object with one hundred percent opacity is neither transparent (allowing all light to pass through) nor translucent (allowing some light to pass through).

Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than seventy-two hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the city.

Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Parapet. That part of a wall that extends above the roof line.

Parking area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

Passenger vehicle. As defined in the California Vehicle Code.

Permitted use. See Use, permitted.

Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

Planning commission. The planning commission of the City of Newark.

Planning division. The planning division of the community development department of the City of Newark.

Pre-existing. In existence prior to the effective date of this title.

Primary use. See Use, primary.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this title. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

Property line. The recorded boundary of a lot or parcel of land.

Public Resources Code. The Public Resources Code of the State of California.

Public works director. The public works director of the City of Newark.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Qualified applicant. The property owner, the owner's agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal, or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Reasonable accommodation. Any deviation requested and/or granted from the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

Review authority. Body responsible for making decisions on applications.

Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street.

Senior citizen. An individual sixty-two years of age or older.

Setback. The area between a property line and a building or structure that must be kept clear or open.

Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Sign terms:

A-frame sign. A portable upright, rigid, self-supporting frame sign in the form of a triangle or letter "A".

[Figure: FIGURE 17.46.190(1): A-FRAME SIGN]

FIGURE 17.46.190(1): A-FRAME SIGN

Animated sign. A sign with messages that visually change, or images that move or appear to move, flash on or off, wink or blink with varying light intensity, show motion or create the illusion of motion, or revolve to create an illusion of being on or off.

Awning sign. A sign placed on an awning.

[Figure: FIGURE 17.46.190(2): AWNING SIGN]

FIGURE 17.46.190(2): AWNING SIGN

Banner sign. A sign that is painted or printed on lightweight flexible material and hung from a staff or other device by ropes, wires or similar means in a manner to minimize movement.

Billboard. A sign used for the purpose of general advertising for hire, that is, some or all of the display area is customarily used to display the messages of advertisers or sponsors other than the owner of the sign.

Canopy sign. A sign attached to a fixed overhead shelter used as a roof, which may or may not be attached to a building.

[Figure: FIGURE 17.46.190(3): CANOPY SIGN]

FIGURE 17.46.190(3): CANOPY SIGN

Commercial message. A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.

Copy. Also called "sign copy." The visually communicative elements mounted on a sign.

Digital display. A method of displaying a communicative visual image by use of LEDs (light emitting diodes) or their functional equivalent, that allows for the message or image to be easily changed, typically by remote control or computer programming. This definition applies to signs displaying a series of still images, as well as those presenting the appearance of motion.

Directional sign. A sign that directs or guides pedestrian or vehicular traffic and which is non-advertising in nature (e.g., handicapped parking, one-way, exit, and entrance).

Electronic copy. A sign having the capability of presenting variable message displays by projecting an electronically controlled pattern, and which can be programmed to periodically change the message display.

Flag. Any fabric or banner containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

Freestanding sign. A sign supported by structures or supports that are placed on or anchored in the ground, and which are structurally independent from any building.

[Figure: FIGURE 17.46.190(4): FREESTANDING SIGN]

FIGURE 17.46.190(4): FREESTANDING SIGN

General advertising for hire. The advertising or promoting of other businesses, establishments or causes using methods of advertising, typically for a fee or other consideration, in contrast to self-promotion or on-site advertising.

Graffiti. Marks, such as inscriptions, drawings, or designs, which are placed, scratched, etched, painted, or sprayed on public or private property without the owner's consent.

Illuminated sign. A sign with an artificial source of light incorporated internally or externally for the purpose of illuminating the sign.

Inflatable sign. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event.

Internally illuminated sign. A sign that is illuminated by a light source that is contained inside the sign where the message area is luminous, including cabinet signs and channel-letter signs.

Master sign program. A coordinated sign plan which includes details of all signs (not including exempt or temporary signs) which are or will be placed on a site.

Mobile billboard. Any vehicle, or wheeled conveyance which carries, conveys, pulls, displays, or transports any sign or billboard for the primary purpose of advertising a commercial or non-commercial message, or other general advertising for hire.

[Figure: FIGURE 17.46.190(5): MOBILE BILLBOARD]

FIGURE 17.46.190(5): MOBILE BILLBOARD

Moving sign. A sign or any portion thereof that rotates, moves, or appears to move in some manner by mechanical, electrical, natural, or other means.

Non-commercial message. A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.

Nonconforming sign. A sign lawfully erected and legally existing on the effective date of this title, but which does not conform to the provisions of this title.

Outdoor advertising structure. Any structure or 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.

Pennant. A device made of flexible materials, (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for the purpose of attracting attention.

Permanent sign. A sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.

Projecting sign. A single or double faced sign that is perpendicular to the face of a building and projects more than fifteen inches from the face.

[Figure: FIGURE 17.46.190(6): PROJECTING SIGN]

FIGURE 17.46.190(6): PROJECTING SIGN

Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

Roof sign. Any sign located on a roof of a building or having its major structural supports attached to a roof that extend above the roofline or parapet.

[Figure: FIGURE 17.46.190(7): ROOF SIGN]

FIGURE 17.46.190(7): ROOF SIGN

Sign. Any identification, description, illustration, or device illuminated or non-illuminated, which is visible to the general public from any exterior public right-of-way, and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information. A display, device, or thing need not contain lettering to be a sign.

Sign area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.

Sign face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image.

Temporary sign. A structure or device used for the public display of visual messages or images, which is typically made of lightweight or flimsy materials which is not intended for or suitable for long term or permanent display.

Traffic sign. A sign for traffic direction, warning, and roadway identification.

Wall sign. A sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building.

[Figure: FIGURE 17.46.190(8): WALL SIGN]

FIGURE 17.46.190(8): WALL SIGN

Window sign. A temporary or permanent sign with a single face of copy that is painted or installed on a glass window or door, or located within 12 inches from inside the window, in a manner that it can be viewed from the exterior of a structure.

[Figure: FIGURE 17.46.190(9): WINDOW SIGN]

FIGURE 17.46.190(9): WINDOW SIGN

Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title and is in a single ownership or under unified control.

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

Soil. Naturally occurring superficial deposits overlying bedrock.

Solar reflectance index. Measure of a surface's ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is 100.

Specific plan. A plan for all or part of the area covered by the general plan that is prepared to be consistent with and to implement the general plan, pursuant to the provisions of Government Code, §§ 65450 et seq.

State. The State of California.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.

Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. "Street" includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.

Street line. The boundary between a street and a lot or parcel of land.

Structural alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.

Structure. Anything constructed or erected which requires a location on the ground.

Structure, accessory. A detached subordinate structure, used only as incidental to the main structure on the same site or lot.

Structure, main. A structure housing the primary use of a site or functioning as the primary use.

Structure, temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Swimming pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Tandem parking. An arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

Telecommunication terms:

Antenna. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.

Co-location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Co-location also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.

Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

Satellite dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or orbitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.

Support equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility's antenna or antennas.

Telecommunication facility. A mobile cell site that consists of a cell antenna tower and electronic radio transceiver equipment on a truck or trailer, designed to be part of a cellular network.

Tower, lattice. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.

Tenant. A person renting or leasing a housing unit or non-residential space.

Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Use. The purpose for which land or the premises of a building, structure or facility is arranged, designed, or intended, or for which it is or may be occupied or maintained.

Use, accessory. A use that is customarily associated with, and is incidental and subordinate to, a primary use and located on the same lot as a primary use.

Use, incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the primary use.

Use, permitted. Any use or structure that is allowed in a zoning district without a requirement for approval of a use permit, but subject to any restrictions applicable to that zoning district.

Use, primary. A primary, principal, or dominant use established, or proposed to be established, on a lot.

Use classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public and semi-public, commercial, industrial, and transportation, communication, and utilities. See Chapter 17.45, Use Classifications.

Use permit. A discretionary permit which may be granted by the appropriate City of Newark authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval.

Use type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.

Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Variance. A discretionary grant of permission to depart from the specific requirements of this title that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zoning district.

Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Wall. Any vertical exterior surface of building or any part thereof, including windows.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided by this title.

Front yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this title for the district in which it is located and measured inward from the front lot line.

Interior yard. A yard which does not abut a street.

Rear yard. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this title for the district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Required yard. A yard which complies with the minimum yard requirements for the zoning district in which the lot is located.

Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

Street side yard. A yard on a corner lot or reversed corner lot extending from the front yard to the rear lot line between the building setback line and the nearest side street lot line.

[Figure: FIGURE 17.46.250: YARDS]

FIGURE 17.46.250: YARDS

(Ord. No. 503, § 1(Exh. A), 1-25-2018)

Zoning administrator. The zoning administrator of the City of Newark.

Zoning district. A specifically delineated area in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. See Section 17.03.010, Districts Established.

(Ord. No. 503, § 1(Exh. A), 1-25-2018)