Division 19.60 — DEFINITIONS/GLOSSARY

This Division provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Ordinance. If a word is not defined in this Article, or in other provisions of the Zoning Ordinance, the most common dictionary definition is presumed to be correct.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

As used in this Zoning Ordinance, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

A.

Definitions, "A."

Accessory Dwelling Units. See Section 19.34.030.

Accessory Residential Uses and Structures. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

garages

gazebos

greenhouses

mechanic equipment (i.e., air conditioning, spa or pool equipment)

spas and hot tubs

storage sheds

studios

swimming pools

tennis and other on-site sport courts

workshops

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: accessory dwelling units, which are separately defined; or home satellite dish and other receiving antennas for earth- based TV and radio broadcasts (see "Telecommunications Facilities").

Accessory Retail and Service Uses. The retail sales of various products (including food) and/or the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Zoning Ordinance, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; pool enclosures, and any other open air enclosures, including gazebos, trellises and detached patio covers.

Accessory Use. A use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.

Acre. One acre is 43,560 square feet.

Acre, Net. A net acre is one acre minus:

Any easement or area included as a proposed public or private facility, such as an alley, highway, street, or other necessary public site within a proposed development project; or

Any portion that is subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures.

Except as provided above, portions of a parcel dedicated to a highway easement or any other private or public easement shall not be counted as part of the net area.

Adult-Oriented Business Definitions. The following are definitions related to the regulations of this Zoning Ordinance in Division 19.23 related to Adult-Oriented Businesses:

Adult-Oriented Businesses. Shall mean any one or more of the following:

a.

Adult Arcade. An establishment where, for a fee or any other form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

b.

Adult Bookstore. An establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.

c.

Adult Cabaret. A nightclub, restaurant, or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear semi- nude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

d.

Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for a fee or any other form of consideration which, (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents,

leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

e.

Adult Motion Picture Theater. A business establishment where, for a fee or any other form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

f.

Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for a fee or any other form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

g.

Reserved.

h.

Modeling Studio. A business which provides, for a fee or any other form of consideration, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying the consideration. "Modeling studio" does not include schools maintained in compliance with standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

Adult-Oriented Business Operator ("Operator"). A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult-Oriented Business or the conduct or activities occurring on the premises thereof.

Bar. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

Distinguished or Characterized by an Emphasis Upon. The dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981).

Establishment of an Adult-Oriented Business. Shall mean and include any of the following:

a.

The opening or commencement of any Adult-Oriented Business as a new business;

b.

The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business;

c.

The addition of any of the Adult-Oriented Businesses to any other existing Adult-Oriented Business; or

d.

The relocation of any Adult-Oriented Business.

Figure Model. Any person who poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted, in return for monetary compensation.

Nudity or a State of Nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

Operate an Adult-Oriented Business. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an Adult-Oriented Business or activities within an Adult-Oriented Business.

Permittee. "Permittee" means the person to whom an Adult-Oriented Business Permit is issued.

Police Chief. The Police Chief of the City of Novato or the authorized representatives thereof.

Regularly Features. With respect to an adult theater or adult cabaret, "regularly features" means a regular and substantial course of conduct. The fact that live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

School. As used in Division 19.23 (Adult-Oriented Businesses), any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Specified Anatomical Areas. Shall mean and include any of the following:

a.

Less than completely and opaquely covered human (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of the areola;

b.

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

c.

Any device, costume or covering that simulates any of the body parts included in 1. or 2. above.

Specified Sexual Activities. Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b.

Sex acts, actual or simulated, including intercourse, oral copulations or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the other activities described in 1. through 3. above.

Affordable Unit. An ownership or rental housing unit as required by this section, which is affordable by households with very low or low income.

Affordable Unit within a Residential Care Facility for the Elderly. A unit within a residential care facility for the elderly that is affordable to households with very low or low income as defined for Marin County by the U.S. Department of Housing and Urban Development based on the San Francisco Primary Metropolitan Statistical Area median income levels as published by the Marin County Housing Authority.

Agency. The City of Novato Redevelopment Agency.

Agency Director. The executive director or designee of the City of Novato Redevelopment Agency.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.

Agricultural Accessory Structure. This land use is an uninhabited structure for the storage of farm animals, implements, supplies or products, that contains no residential use, is not accessory to a residential use, and is not open to the public. Includes:

barns

coops

corrals

grain elevators

pens

silos

stables

other similar structures

Does not include commercial greenhouses (which are under "Plant Nurseries") or structures for agricultural processing activities (which are under "Agricultural Processing").

Agricultural Employee. Shall have the same meaning as defined in Section 1140.4 of the California Labor Code.

Agricultural Processing. The processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere. Includes the following:

alfalfa cubing

corn shelling

cotton ginning

custom grist mills

custom milling of flour, feed and grain

drying of corn, rice, hay, fruits and vegetables

grain cleaning and custom grinding

hay baling and cubing

pre-cooling and packaging of fresh or farm-dried fruits and vegetables

sorting, grading and packing of fruits and vegetables

tree nut hulling and shelling

Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of "Crop Production and Horticulture."

Agricultural Worker Housing Center. Is employee housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8 of California Health and Safety Code.

Agriculture. The tilling of soil, raising of crops, horticulture, viticulture, small livestock farming, dairying and/or animal husbandry, including accessory structures and accessory uses customarily incidental thereto, but not including slaughter houses, fertilizer works, bone yards or plants for the reduction of animal matter.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.

Alcoholism or Drug Abuse Recovery or Treatment Facility, 6 or fewer persons. Pursuant to Section 11834.02 of California Health and Safety Code, this land use consists of any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services in a single-family residence.

Alcoholism or Drug Abuse Recovery or Treatment Facility, 7 or more persons. Pursuant to Section 11834.02 of California Health and Safety Code, this land use consists of any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.

Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

Allowed Use. A use of land identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as a permitted or conditional use that may be established with land use permit and, where applicable, Design Review and/or Building Permit approval, subject to compliance with all applicable provisions of this Zoning Ordinance.

Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Ambient Noise. The composite of noise from all sources within a given area, which constitutes the existing level of environmental noise at a given location.

Amenity. Interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior Amenities may include, but are not limited to fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms in

excess of one. Amenities shall in no way include items required by City building codes or other ordinances which are necessary to insure the safety of the building and its residents.

Amusement and Theme Park. See Outdoor Recreation - Active and/or Indoor Amusement and Entertainment Facilities.

Ancillary. See "Accessory Use."

Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis, but excluding the boarding of domestic animals.

Animal Keeping. The non-commercial keeping or raising of farm animals, including cattle, goats, horses, sheep, swine (including pot bellied pigs), fowl, poultry, and other animals determined by the Director to not be common household pets. Does not include: birds, cats, dogs, and other household pets or exotic animals, which are separately defined.

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. Antenna-related definitions include the following.

Antenna, Amateur Radio. Any antenna used for transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC).

Antenna, Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building.

Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.

Antenna, Ground Mounted. Any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation.

Antenna, Monopole. A structure composed of a single spire used to support antennas and related equipment.

Antenna, Panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.

Antenna, Satellite. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.

Antenna, Whip. An antenna consisting of a single, slender, rod-like element, which is supported only at or near its base. They are typically less than six inches in diameter and measure up to 18 feet in height. Also called omnidirectional, stick or pipe antennas.

Apartment. See "Multi-Family Dwellings."

Applicant. Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks City permits and approvals.

Approval. Includes both approval and approval with conditions.

Area, Lot. See "Lot Area."

Art, Antique, Collectible and Gift Stores. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.

Assembly. A use engaged in the assembly or manufacture, predominantly from previously prepared materials or parts, of finished products or parts, including processing, fabrication, and packaging of such products, but excluding basic industrial processing of extracted or raw materials.

At One Location. All adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right-of-way, or separated only by other land of the applicant.

Attached Dwelling. Connected to another structure by a permanent common wall and roof.

Attic. The area located between the uppermost plate and the roof or ridge of a structure.

Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicle Services"). Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards."

Auto Repair and Maintenance. The repair, alteration, or restoration of automobiles, trucks, recreational vehicles, boats, motorcycles and other motor vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts. This use is separated into the following categories.

Major Auto Repair and Maintenance. Businesses involved in the repair, restoration, or alteration of major vehicle components, including the rebuilding, replacement or reconditioning of engines or transmissions; collision services, including body, frame or fender straightening or repair; painting or paint shop; customization services, such as suspension alterations (e.g., lifting and lowering of vehicles), and tire recapping.

Minor Auto Repair and Maintenance. Businesses involved in the repair, restoration, or alteration of minor vehicle components, including the replacement of tires, tubes, and batteries; diagnostic services, minor motor services such as grease, oil, spark plug, and filter part changes, radiators, mufflers, performing state inspections and making minor repairs necessary to pass said inspection; servicing of air-conditioning systems, wheel/tire balancing and alignments, brakes, automotive glass and upholstery; stereo installations, and other similar minor services for motor vehicles except heavy load vehicles.

Auto repair and maintenance does not include automobile parking (see "Parking Facilities and Vehicle Storage"), repair shops that are part of a vehicle dealership on the same site (see "Auto Sales and Rental," and "Mobile Home, RV, Motorcycle and Boat Sales"); automobile service stations (see "Gas Station"), attended or self-service car washes (see "Car Wash") or automobile dismantling yards, which are included under "Recycling - Scrap and Dismantling Yards."

Auto Sales and Rental. Retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sale of parts and accessories, incidental to the primary auto sales and/or rental use. Does not include: bicycle (see "General Retail"); mobile home sales (see "Mobile Home, RV and Boat Sales"); tire recapping establishments (see "Auto Repair"); businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling Yards"); or "Gas Stations," which are separately defined.

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

Automobile Dismantling Yard. See "Recycling - Scrap, and Dismantling Yards."

Average Slope. The characteristic slope of the ground surface of an area of land, expressed as a percent, based on the most accurate available topographic information. Average slope shall be determined using one of the following methods.

Basic Method. This method can be used where the Director determines that slopes are uniform, with little variation. Where line drawn between the highest and lowest points on a parcel is adequate to represent the direction and extent of slope for the entire parcel, the difference in elevation between the high and low points, divided by the distance between the points will determine the average slope.

Contour Measurement Method. Where varied slope conditions or complex topography exist, the most precise measurement of average slope is the following formula.

A-Weighted Sound Level (dBA). A decibel scale that approximates the way the human ear responds to sound frequency levels.

B.

Definitions, "B."

Banks and Financial Services. Financial institutions including:

banks and trust companies

credit agencies

holding (but not primarily operating) companies

lending and thrift institutions

other investment companies

securities/commodity contract brokers and dealers

security and commodity exchanges

vehicle finance (equity) leasing agencies

See also, "Automated Teller Machine," above.

Bar. See "Night Clubs and Bars."

Basement. A story having at least one half of its height below grade. A basement shall be counted as a story or as part of the floor area if the vertical distance from grade to the ceiling is over five feet or if it is used for business or dwelling purposes.

Basic Services. Services provided by a residential care facility for the elderly that may include daily activities (social, recreational and educational); community space; utilities and cleaning; safety and security; 24 hour experienced staff; maintenance of residence and grounds; personal care; three daily meals; family support activities; transportation; and medication administration.

Bed and Breakfast Inns (B&Bs). Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A Bed and Breakfast Inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "Hotels and Motels." Does not include room rental, which is separately defined (see "Rooming and Boarding Houses).

Best Management Practice. A method, activity, maintenance procedure, or other management practice for reducing the amount of pollution entering a water body. The term originated from the rules and regulations developed pursuant to the federal Clean Water Act (40 CFR 130).

Block. That property abutting on one side of a street and lying between the two nearest intersecting streets, or nearest intersecting streets and railroad right-of-way, mean high tide line or unsubdivided acreage.

Board and Care Home. See "Residential Care Facilities for the Elderly."

Bookstore. A retail store specializing in new or used books; does not include adult businesses.

Broadcasting Studio. A facility where movies, television shows or radio programs are produced and/or transmitted.

Buffer Zone. Areas set aside and maintained in a natural state to minimize the negative effects of land development or human intrusion and use on animals and plants and their habitats.

Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the of the roof at every point, then each such portion shall be deemed to be a separate building. See also "Structure."

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

Building Envelope. The area of lot within the required setbacks and limited by the maximum lot coverage and floor area ratios or as defined by an approved Precise Development Plan where a building can be constructed or expanded.

Building Footprint. The area outlining the foundation or exterior walls of a building.

Building Material Stores. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Warehousing, Wholesaling and Distribution." Hardware stores are listed in the definition of "General Retail," even if they sell some building materials.

Building, Main. A building in which the principal use of the lot is conducted. In any residential or agriculture district any dwelling shall be deemed to be a main building upon the lot.

Building Site. A lot as defined herein.

Business Support Services. Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

blueprinting

business equipment repair services (except vehicle repair, see "Vehicle Services")

commercial art and design (production)

computer-related services (rental, repair)

copying and quick printing services

equipment rental businesses within buildings (rental yards are under "Outdoor Retail Sales and activities")

film processing laboratories

heavy equipment repair services where repair occurs on the client site

janitorial services

mail advertising services (reproduction and shipping)

outdoor advertising services

photofinishing

protective services (other than office related)

soils and materials testing laboratories

window cleaning

C.

Definitions, "C."

California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 19000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the State.

Cannabis Related Definitions.

Cannabis. This term refers to all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by California Health and Safety Code section 11018 and Business and Professions Code section 26000(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

Cannabis—Manufactured. This term means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

Cannabis—Medical or Medicinal Cannabis. These terms are used interchangeably to mean cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act ("CUA," Health and Safety Code section 11362.7 et seq.), the Medical Marijuana Program Act ("MMPA," Health and Safety Code section 11362.7 et seq.) and the Medical Cannabis Regulation and Safety Act ("MCRSA," Business and Professions Code section 19300 et seq.) and the Medicinal and Adult- Use Cannabis Regulation and Safety Act ("MAUCRSA").

Cannabis—Operator. When used in connection with commercial cannabis activities, this term means the natural person or designated officer responsible for the operation of any commercial cannabis use.

Cannabis—Person. When used in connection with commercial cannabis activity, this term means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit, whether organized as a non-profit or for profit entity, and includes the plural as well as the singular number.

Cannabis—Primary Caregiver. This term shall have the same meaning as set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time.

Cannabis—Public Place. When used in connection with commercial cannabis activity, this term means any publicly owned property or property on which a public entity has a right of way or easement. Public place also means any private property that is readily accessible to the public without a challenge or barrier, including but not limited to front yards, driveways, and private businesses.

Cannabis—Qualifying Patient or Qualified Patient. These terms are used interchangeably and shall have the same meaning as set forth in Health and Safety Code section 11362.7, as may be amended from time to time.

Cannabis—Volatile Solvent. This term means volatile organic compounds, including but not limited to: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri- chloro-ethylene as determined by the Fire Marshall.

Cannabis—Youth Center. When used in connection with commercial cannabis activity, this term means any public or private facility that is used only to host recreation or social activities for minors.

Cannabis Accessories. This term has the same meaning as in Section 11018.2 of the Health and Safety Code.

Cannabis Concentrate. Manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency.

Cannabis Cultivation. This term includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

Cannabis Cultivation—Indoor. This term means the cultivation of cannabis within a permanent, lockable structure, using exclusively artificial lighting.

Cannabis Cultivation—Mixed-Light. This term means the cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category.

Cannabis Cultivation—Outdoor. This term means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering.

Cannabis Cultivation Area (or Canopy). This term means the total aggregate area(s) of cannabis cultivation on a single premise as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the drip-line of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.

Cannabis Cultivation Site. This term means the location, premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities.

Cannabis Distribution Facility. This term means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retail or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling,

packaging and other processes, prior to transport to licensed retailers or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") or a state cannabis license type subsequently established.

Cannabis Distributor. This term means any commercial cannabis operation that distributes cannabis or cannabis products between licensees, under a valid state license Type 11, or a state cannabis license type subsequently established.

Cannabis License. Cannabis license means a state license issued pursuant to MAUCRSA.

Cannabis Licensee. This term refers to a person issued a state license pursuant to California Business and Professions Code section 26050 and/or other applicable state laws.

Cannabis Manufacture. When used in connection with the processing of commercial cannabis, this term means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

Cannabis Manufacturer. When used in connection with the processing of commercial cannabis, this term means a person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.

Cannabis Manufacturing. When used in connection with the processing of commercial cannabis, this term means a facility, that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is operated by a licensee for these activities.

Cannabis Microbusiness. This term means a commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness found in Business and Professions Code section 26070(a)(3)(A), as may be amended from time to time, which cultivates less than 10,000 square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer.

Cannabis Non-storefront Retailer. This term means a commercial cannabis facility where cannabis and/or cannabis products are offered for retail sale exclusively by delivery; where there is no storefront open to the public, operating under a state license type 9 or a cannabis license type subsequently established. This definition does not include mobile retailers.

Cannabis Nursery. This term means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. A nursery does not include retail sales.

Cannabis Premises. When used in connection with commercial cannabis activity, this term means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee. "Premises" does not include the leasehold spaces of other tenants on the same parcel or group of parcels joined by common facilities or shared amenities.

Cannabis Processing. This term means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products.

Cannabis Products. This term means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis product" also means marijuana products as defined by Section 11018.1 of the California Health & Safety Code and is not limited to medical cannabis products.

Cannabis Retailer, Cannabis Dispensary or Dispensary. These terms are used interchangeably and mean a facility operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale, under a state license type 10 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.

Cannabis Sale, Sell, and To Sell. These terms are used as appropriate and when used in connection with commercial cannabis activity, shall have the same meaning as set forth in Business and Professions Code section 26001(aa), as the same may be amended from time to time: any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.

Cannabis Testing Service or Testing Laboratory. When used in connection with commercial cannabis activity, these terms mean a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity, which is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity and is licensed by the state. Businesses operating as a testing service or lab offer no services other than such tests and sell no products except testing supplies and materials.

Commercial Cannabis Permit, Cannabis Permit, or Permit. When used in connection with an authorization granted under the Novato Municipal Code, these terms shall mean a permit issued by the City pursuant to Section 19.34.064 for the operation of a commercial cannabis business within the City.

Commercial Cannabis Uses. This term means any commercial cannabis activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), including but not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. "Commercial cannabis uses" also means any cannabis activity licensed pursuant to additional state laws regulating such businesses. "Commercial cannabis uses" does not include legal medical cannabis or cannabis activities carried out exclusively for one's personal use that does not involve commercial activity or sales.

Car Share Vehicle. A vehicle available for sharing located in a car share vehicle facility approved by the City.

Car Share Vehicle Facility. A facility of fixed location approved by the City to permit the storage, pick-up, and drop-off of a car share vehicle.

Car Wash. Permanent, self-service and/or attended car washing establishment, including fully mechanized facilities. May include detailing services. Does not include temporary car wash fund-raising activities, typically conducted at a service station or other automotive-related businesses, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See 19.42.040 (Temporary Use Permits).

Care and Supervision. Services which if provided require a residential care facility for the elderly to be licensed. These services include assistance as needed with activities of daily living and the assumption of varying degrees of responsibility for the safety and well-being of residents to include: assistance in dressing, grooming, bathing and other personal hygiene; assistance with taking medication; central storing and distribution of medications; assistance with medical and dental care (including transportation); maintenance of house rules; supervision of resident schedules and activities; voluntary maintenance and supervision of resident monies or property; and monitoring food intake or special diets.

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

Cell Site. A geographical area with a radius of two-to-eight miles that contains both transmitting and receiving antennae.

Cellular. An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.

Cemetery. A place for the internment and placement of human remains. A cemetery includes, but is not limited to, both below ground and above ground graves, monuments, and other accessory uses.

Certificate of Public Convenience and Necessity. A certificate issued by the California Public Utilities Commission (CPUC).

Check Cashing Service. A service use engaged in the exchange of business or personal checks for cash or cash advances for a fee or other form of consideration, including wire transfers and money orders.

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

Child Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

Large Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for seven to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

Small Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

Adult Day Care Facilities. A day care facility providing care and supervision for adult clients.

City. The City of Novato, State of California, referred to in this Zoning Ordinance as the "City."

City Council. The Novato City Council, referred to in this Zoning Ordinance as the "Council."

City Employee. Any head of household, or in the case of married persons either spouse, who has worked within the City limits of the City of Novato continually for one (1) year immediately prior to the date of application for an affordable unit.

City Public Employee. Any head of household, or in the case of married persons either spouse, who has worked for the City of Novato, the Novato Redevelopment Agency, the Novato Sanitary District, the Novato Fire Protection District, North Marin Water District, or any school district located within the City, continually for one year immediately prior to the date of application for an affordable unit.

City Resident. Any person who has lived within the City limits of the City of Novato continually for one year immediately prior to the date of application for an affordable unit.

Clubs, Lodges, and Membership Meeting Halls. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

business associations

civic, social and fraternal organizations

labor unions and similar organizations

political organizations

professional membership organizations

other membership organizations

Co-location. The locating of wireless communications equipment from more than one provider on a single ground-mounted, roof-mounted, or structure-mounted facility.

Commercial cannabis activity. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medicinal, non-medicinal, or any other purpose and includes (i) the production of hashish oil and the distillation or extraction of cannabidiol ("CBD") from industrial hemp having more than three-tenths of one percent THC contained in the dried flowering tops and (ii) the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses.

Commission. See "Planning Commission."

Common Interest Development. Any residential condominium, community apartment house, or stock cooperative.

Community Care Facility, 6 or fewer persons. Pursuant to California Health & Safety Code section 1502, this land use consists of any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children in a family dwelling.

Community Care Facility, 7 or more persons. Pursuant to California Health & Safety Code section 1502, this land use consists of any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children.

Community Centers. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

Community Development Director. The director of the City of Novato Department of Community Development or his/her authorized representative.

Community Garden. A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.

Community Space. Space within a residential care facility for the elderly that may include dining facilities such as a cafe; or snack bar; beauty or barber shops; retail shops that sell food items, non-prescription drugs, small household items and gifts; pharmacies; libraries; game rooms; meeting rooms; music/craft rooms; community laundry rooms; community kitchens; and other similar facilities for residents and guests.

Condominium. As defined by Civil Code Section 1315, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

Congregate Care Facilities. See Residential Care Facilities for the Elderly.

Construction Activity. Any and all construction, building, including mobilization, warming up or servicing equipment, and any preparation for construction, except routine maintenance activities.

Construction/Heavy Equipment Sales and Rental. Retail establishments selling or renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc.

Contractor Storage Yards. Storage yards operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.

Convalescent Hospital. See "Skilled Nursing Facilities."

Convenience Stores. Retail stores of generally 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs.

Corps. The U.S. Army Corps of Engineers, the federal agency responsible for issuing wetlands delineations.

Courtyard. An open, unoccupied space, other than a yard on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings providing access to the units.

County. The County of Marin, State of California.

Crematory. A facility in which human remains are cremated.

Crop Production and Horticulture. Commercial agricultural field and orchard uses including production of:

field crops

flowers and seeds

fruits

grains

melons

ornamental crops

tree nuts

trees and sod

vegetables

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, including sales sheds.

D.

Definitions, "D."

Dairy Farming. This land use consists of specialized and intensive commercial animal facilities for the raising and keeping of dairy cattle, including facilities for milking.

Day care. See "Child Day Care" or "Adult Day Care"

Decibel (dB). The measurement unit used for the loudness of sound or noise.

Density. The number of housing units per net acre, unless otherwise stated, for residential uses.

Density Bonus. A density increase over the otherwise maximum allowable residential density provided in Division 19.24 (Affordable Housing Incentives/Density Bonus Provisions).

Department. The City of Novato Community Development Department, comprising engineering, building inspection, planning and maintenance divisions, referred to in this Zoning Ordinance as "Department."

Detached. Any structure that does not have a wall or roof in common with another structure.

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

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

Development Agreement. A development agreement entered into between the City and a developer pursuant to Government Code Sections 65864-65869.5 and this zoning ordinance.

Development Standards. The provisions of Novato Municipal Code Chapter V.

DFG. The California Department of Fish and Game.

Director. The City of Novato Community Development Director or designee of the Director.

District. See "Zoning District."

Drive-in and Drive-thru Sales. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, etc.

Drive-in and Drive-thru Services. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.

Driveway. A paved area that provides vehicle access from a public right-of-way to a parking area or garage.

Dump. A place used for the disposal, whether by disposition, abandonment, discarding, dumping, reduction, burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, waste material, offal or dead animals; provided that this definition shall not be deemed to include such means waste collection facilities or trash enclosures that are customarily incidental and accessory to dwellings, institutions, and commercial, industrial and agricultural uses.

Duplex. A residential structure under single ownership containing two dwellings.

Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis, and supportive housing and transitional housing as defined in Government Code Section 65582 subject only to those restrictions that apply to other residential uses and dwelling types of the same type and in the same zone (e.g. permits single- family dwellings within a single-family zoning district and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a single-family dwelling. Also permits multi-family dwellings within a multi-family zoning district and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a multi-family dwelling. Does not permit single-family zoning requirements to be applied to multi-family residential units and vice versa).

Dwelling, Multiple. A building or portion thereof used and designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile courts or camps.

Dwelling, Single-Family. A building designed as an independent structure for use as a residence for one family and which is sited on an individual lot.

Dwelling, Two-Family. See "Duplex."

E.

Definitions, "E."

Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Efficiency Kitchen. See Section 19.34.031.C.

Efficiency Unit. A separate living space with a minimum floor area of 150 square feet intended for occupancy by no more than two persons which contains partial kitchen and bathroom facilities. For the purpose of this section, efficiency unit has the same meaning as Section 17958.1 of the Health and Safety Code.

Elderly Person. For purposes of admission into a residential care facility for the elderly, a person who is 62 years of age or older.

Electromagnetic Field. The local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

Electronics, Equipment, and Appliance Manufacturing. Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:

appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines

aviation instruments

computers, computer components, and peripherals

electrical transmission and distribution equipment

electronic components and accessories, and semiconductors, integrated circuits, related devices

electronic instruments, components and equipment such as calculators and computers

electrical welding apparatus

lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting

industrial apparatus

industrial controls

instruments for measurement, testing, analysis and control, associated sensors and accessories

miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines

motors and generators

optical instruments and lenses

photographic equipment and supplies

pre-recorded magnetic tape

radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies

surveying and drafting instruments

telephone and telegraph apparatus

transformers, switch gear and switchboards

watches and clocks

Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development").

Emergency Shelter. Emergency shelter has the same meaning as defined in Section 65582 of the California Government Code. Emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care pursuant to California Government Code Section 65583(a)(4)(c).

Enhanced Specialized Mobile Radio. A digital wireless communication technology that specializes in providing dispatching services.

Enlargement of Use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.

Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

Equestrian Facilities. This land use consists of commercial horse, donkey, and mule facilities, including:

horse ranches

boarding stables

riding schools and academies

horse exhibition facilities

pack stations

This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.

Equipment Rental, Indoor. Service establishments which may offer a wide variety of materials and equipment for rental. Construction equipment rental is separately defined.

Equivalent Sound Level (Leq). A term used to assign a single-value A-weighted decibel level to the measured average sound exposure over a period of time.

Extended Hours Business. A retail use which includes operation hours between 11:00 p.m. and 6:00 a.m.

F.

Definitions, "F."

Factory Built Home. See "Manufactured Home."

Family. One or more persons occupying a premises and living as a single non-profit, domestic housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house.

Farm Labor Housing. Shall have the same meaning as Employee Housing as defined in Section 17008 of California Health and Safety Code.

Farm Laborer. Shall have the same meaning as Agricultural Employee.

Farm Produce Stands. A retail stand that sells crops or eggs grown on the premises.

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

Financial Guarantee. Cash deposits, payments, surety bonds, or other irrevocable agreements that individually or collectively guarantee the construction of structural measures for flood protection.

Firearm Sales. "See Gun Sales"

Flag Lot. A lot having only its access strip fronting on a private or public street.

Flood Plain. The maximum area that is likely to be flooded.

Flood Protection Plan. A plan prepared for a specific area within a 100-year flood plain, which proposes, by engineered structural measures and by a method for financing the measures, to protect structures and other properties within the area from the effects of a 100-year flood.

Floor Area, Gross. The area in square feet of all floors or stories within a building, measured from the outside surfaces of the exterior walls, but not including covered parking areas or garages.

Floor Area, Net. The floor area within the walls of a building used for service to the public or tenants, but not including areas for storage, mechanical equipment, restrooms, and major pedestrian movement, such as enclosed malls, stairways, or major hallways. In the absence of accurate floor plans when a land use permit application is filed for an office building, net floor area may be estimated to be 80 percent of gross floor area.

Floor Area Ratio (FAR). The Floor Area Ratio (FAR) is the ratio of the gross floor area of a structure (not including covered parking areas or garages) to net lot area (See "Lot Area, Net"). FAR restrictions are used to limit the maximum floor area of all habitable space allowed on a site. The maximum floor area of all structures (measured from exterior wall surfaces) permitted on a site shall be determined by multiplying the FAR by the net lot area (FAR x Net Lot Area = Maximum Allowable Floor Area). See Figure 6-1.

Florist. A use engaged in the retail sale of flowers and ornamental plants.

Food and Beverage Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:

bakeries

bottling plants

breweries

candy, sugar and confectionery products manufacturing

catering services separate from stores or restaurants

coffee roasting

dairy products manufacturing

fats and oil product manufacturing

fruit and vegetable canning, preserving, related processing

grain mill products and by-products

meat, poultry, and seafood canning, curing, byproduct processing

soft drink production

miscellaneous food item preparation from raw products

May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "Night Clubs and Bars" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic.

Does not include: bakeries which sell all products on-site, which are included in the definition of "General Retail;" or beer brewing as part of a brew pub, bar or restaurant (see "Night Clubs and Bars").

Front Wall. The wall of the building or other structure nearest the street upon which the building faces.

Front Yard. See "Yard."

Frontage. The property line of a lot which abuts a public or private street, place, or right-of-way, other than the side property line of a corner lot.

Frontage, Primary Building. Primary Building Frontage shall mean:

In a building containing only one business, the primary frontage shall be the length of the building that contains the main public entrance to the business.

In a building containing more than one business, all of which have their main public entrances on the same frontage, the primary frontage shall be the length containing those public entrances.

In a building containing more than one business, where those businesses have the main public entrances on more than one frontage, the length containing the street with the highest vehicle capacity shall be designated the primary frontage.

Frontage, Secondary Building. A building's length that has not been designated as the primary building frontage if it faces an adjacent street or on-site parking lot.

Fully Enclosed and Secure Structure. A space within a building that complies with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 4 (Building and Housing) of the Novato Municipal Code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material. Plastic sheeting, canvas, vinyl, or similar products or materials, regardless of gauge, are not considered solid materials;

A Fully Enclosed and Secure Structure must be an accessory structure to a private residence located upon the parcel on which that private residence is situated.

Furniture, Furnishings and Appliance Stores. Stores engaged primarily in selling the following products and related services, including incidental repair services:

computers and computer equipment

draperies

floor coverings

furniture

glass and chinaware

home appliances

home furnishings

home sound systems

interior decorating materials and services

large musical instruments

lawn furniture

mattresses

portable spas and hot tubs

office furniture

other household electrical and gas appliances

outdoor furniture

refrigerators

stoves

televisions

Furniture/Fixtures Manufacturing, Cabinet Shops. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Products."

G.

Definitions, "G."

Garage or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Division 19.30 (Parking and Loading).

A garage is an attached or detached accessory structure specifically designed with a door of at least eight feet wide for a single car garage and sixteen feet wide for two cars, providing a parking stall(s) meeting the requirements of Section 19.30.070, enclosed on at least three sides, and served by a paved driveway of

sufficient width to accommodate motor vehicle (car or truck) movements and connected to a public or private street.

A carport is an attached or detached accessory structure enclosed on no more than two sides, providing a parking stall(s) meeting the requirements of Section 19.30.070, and served by a paved driveway or drive aisle of sufficient width to accommodate motor vehicle (car or truck) movements and connected to a public or private street.

Garage Sale. A temporary sale held for no more than 3 consecutive days within a 90 day period for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.

Gas Station (or Fueling Station). A retail business selling, storing and/or dispensing gasoline, diesel, or any other fossil fuel-based motor vehicle fuels.

General Plan. The City of Novato General Plan, including all its elements and all amendments to the General Plan, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Ordinance as the "General Plan."

General Retail. Stores and shops selling any lines of merchandise, goods or articles directly to the consumer. These stores and lines of merchandise include, but is not limited to:

art galleries

artists' supplies

auto parts sales (not including repair or maintenance service and/or the sale of used parts)

bakeries (all production in support of on-site sales)

bicycles

books

cameras and photographic supplies

clothing and accessories

collectibles (cards, coins, comics, stamps, etc.)

department stores

drug and discount stores

dry goods

fabrics and sewing supplies

florists and houseplant stores (indoor sales only—outdoor sales are "Plant Nurseries")

general stores

gift and souvenir shops

hardware

hobby materials

jewelry

luggage and leather goods

musical instruments, parts and accessories

home health care supplies

pet supplies sales with no animals but fish

religious goods

small wares

specialty shops

sporting goods and equipment

stationery

toys and games

variety stores

See "Large Item Retail" for other retail uses.

Golf Courses and Country Clubs. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

Grade. The elevation of the finished ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure. For buildings or structures located within 5 feet from the street line, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings or structures adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets.

Grading. Any and all activities involving earthwork, including placement or fill and/or excavation.

Grand Opening. An advertising event which has as it s purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following a remodeling or major renovation.

Grocery Store. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. A grocery store may offer check cashing services as an accessory use (see the separate definition of "Check Cashing Service" and "Accessory Use").

Guest House. A detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.

Gun Sales. A retail business dealing in firearms and ammunition as a regular course of trade or business.

H.

Definitions, "H."

Habitable Space. The interior area of a building intended for occupancy which is located below and including the uppermost ceiling forming the base of the roof structure, excluding attic or equipment storage areas located within the roof pitch or located above the uppermost ceiling.

Handcraft Industries, Small-Scale Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

Hazardous Materials. All materials classified as such in Title 49 of the Code of Federal Regulations, including but not limited to, explosive, flammable, combustible, toxic, corrosive, reactive, unstable, hyperbolic and pyrofolic.

Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, weight rooms, aerobics, kick- boxing, spinning and other indoor sports activities. This use includes outdoor facilities for tennis, swimming, skating and sport courts provided in conjunction with the indoor facilities. Does not include adult entertainment businesses.

Hedge. Shrubs and/or trees planted and maintained at a spacing interval which creates a physical and/or visual barrier.

Heliport. A designated, marked area on the ground or the top of a structure where helicopters may land at any time.

Hiking Trail. Any paved or unpaved path, track or right-of-way established and/or maintained on public or private property primarily for hiking and public recreation purposes.

Hillside. Any area of land where the average slope exceeds 10 percent. See also "Average Slope."

Hilltop. See "Ridgeline"

Home Occupations. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Household Pets. The keeping/raising of birds, cats, dogs, or other common household pets, as determined by the Director, accessory to a residential use.

Housing Costs. The monthly mortgage principal and interest, property taxes, homeowners insurance, and condominium fees, where applicable, for ownership units; and the monthly rent for rental units.

Housing Unit. see "Dwelling, Dwelling Unit, or Housing Unit."

HUD. The United States Department of Housing and Urban Development or its successor.

I.

Definitions, "I."

Illegal Building or Use. A building or use that does not conform to one or more of the provisions of this Zoning Ordinance, and did not lawfully exist on the effective date of applicable provisions of this Zoning Ordinance.

Income Eligibility. The gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled household members and all other sources of household income.

Independent Living. Housing that is intended for elderly persons who may require some assistance but are generally able to live and function independently. These facilities are usually apartment style housing with a studio, one-bedroom or larger units, one or more bathrooms and either a kitchenette or full kitchen. Meals, housekeeping and laundry services are provided for residents. Social activities and other non-medical services, such as transportation, are sometimes offered.

Indigenous. Native species whose origin has not been introduced from elsewhere.

Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:

bowling alleys

coin-operated amusement arcades

dance halls, clubs and ballrooms

electronic game arcades

ice skating and roller skating

pool and billiard rooms as primary uses

indoor archery and shooting ranges

This use does not include adult entertainment businesses. Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site.

Indoor cannabis cultivation. Cultivation of cannabis using exclusively artificial lighting.

In-lieu Housing Fee. A fee paid by persons for projects subject to affordable housing section in-lieu of providing the required affordable units or lots.

Intensification of Use. A change in the use of a structure or site, where the new use is required by Division