Article 1 — Title, Adoption, and Purpose

This chapter shall be known and cited as "The City of Pacifica Zoning Regulations".

(§ 22.02, Ord. 363)

There is hereby adopted a zoning plan for the City, said zoning plan being a districting plan as provided by law.

(§ 1.01, Ord. 363)

The purpose of this chapter is to promote the growth of the City in an orderly manner and to promote the public health, safety, comfort, and general welfare.

The zoning or districting plan effectuated by the provisions of this chapter is a specific plan based upon the general plan and consists of the establishment of various districts, including all the territory within the boundaries of the City, within which the use of land and buildings, the space of buildings, and the height and bulk of buildings are regulated.

No buildings or structures shall be erected, reconstructed, or structurally altered in any manner, nor shall any building or land be used for any purpose other than as permitted by, and in conformance with, the provisions of this chapter and all other laws and maps referred to in this chapter.

(§§ 2.01, 2.02, and 2.03, Ord. 363)

Article 2. - Definitions

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this article.

(§ 19.01, Ord. 363)

(§ 19.02, Ord. 363; repealed by § I (A), Ord. 491-C.S., eff. October 28, 1987)

"Access" shall mean an opening in a fence, wall or structure or a walkway or driveway permitting pedestrian or vehicular approach to, or within, any structure or use.

(§ I (B), Ord. 491-C.S., eff. October 28, 1987)

(§ I (C), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

(§ I (D), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

Sec. 9-4.202.4. - (Not used).

"Accessory use" shall mean a use of a building or site, or a portion of a building or site, which use is incidental or subordinate to the principal use conducted on or occupying a site.

(§ I (E), Ord. 491-C.S., eff. October 28, 1987)

"Adult business" shall mean any business which is conducted exclusively for the patronage of adults and from which minors are specifically excluded, such as adult book stores, adult motion pictures, theaters, adult entertainment, or similar adult activities, but not including bars or liquor stores.

(§ I (F), Ord. 491-C.S., eff. October 28, 1987)

"Aerial" shall mean a radio or television transmitting or receiving device consisting of one, or any combination, of the following elements:

(a)

A tower (a vertical framework which supports either an antenna or a mast);

(b)

A mast (a vertical element consisting of a tube or rod which supports an antenna);

(c)

An antenna (a horizontal or vertical element or array attached to a mast or to a tower);

(d)

Guy wires necessary to insure safety and stability; and

(e)

A dish (a broadcast device which receives microwave signals from a satellite).

(§ 19.023, Ord. 363, as added by § 3, Ord. 463, as amended by § II, Ord. 440-85, eff. March 13, 1985)

"Agriculture" shall mean the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock, farming, dairying, or animal husbandry.

(§ 19.03, Ord. 363)

"Alley" shall mean any public thoroughfare which affords only a secondary means of access to abutting property and which is not intended for general traffic circulation.

(§ 19.04, Ord. 363)

"Alternative financial services" shall mean the use defined in Section 9-4.2317(a).

(§ 3, Ord. 830-C.S., eff. January 1, 2018)

"Apartment" shall mean a room or suite of two (2) or more rooms which room or suite is designed for, intended for, or occupied by one family for living or sleeping purposes and doing its cooking therein.

(§ 19.05, Ord. 363)

"Apartment house" shall mean any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in such building. This shall include flats and apartments. (Also see "Dwelling, multiple", Section 9-4.235 of this article.)

(§ 19.06, Ord. 363)

"Automobile court or motel" shall mean a building, or group of two (2), or more detached or semidetached buildings, containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which building or group of buildings is designed and used for the accommodation of transient automobile travelers.

(§ 19.07, Ord. 363)

"Bank" shall mean a federally or state chartered bank.

(§ 3, Ord. 830-C.S., eff. January 1, 2018)

"Basement" shall mean a story partly underground and having at least one-half (½) of its height above grade. A basement shall be counted as a story if the vertical distance from the grade to the ceiling is over five (5′) feet, or if used for business purposes, or if used for dwelling purposes by other than a janitor or domestic servants employed in the same building, including the family of the same. A basement shall not be counted as a story or in the prescribed height limit when in an apartment house and the majority of its space is used for meeting the parking requirements of such building.

(§ 19.08, Ord. 363)

"Bay window" shall mean a window, or set of windows, which projects from the exterior wall of the building exclusive of floor area.

(§ V (B), Ord. 613-C.S., eff. April 13, 1994)

"Block" shall mean that property abutting one side of a street and lying between the two (2) nearest intersecting streets or between the nearest intersecting street and railroad right-of-way, unsubdivided acreage, or a watercourse.

(§ 19.09, Ord. 363)

"Boardinghouse" shall mean a dwelling other than a hotel where lodging and meals for five (5) or more persons are provided for compensation.

(§ 19.10, Ord. 363)

"Building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal, or chattel.

(§ 19.11, Ord. 363)

"Accessory building" shall mean a subordinate building the use of which is incidental to that of the main building on the same lot and/or building site.

(§ 19.12, Ord. 363)

"Conforming building" shall mean a building which is designed, or which is adaptable without alteration, for a use allowable in the district in which the building is situated.

(§ 19.13, Ord. 363)

"Building coverage" shall mean all enclosed floor area which occupies a building site. This definition shall include second story cantilevered floor area. Balconies, if not enclosed, roof overhangs, eaves, and similar architectural features shall not be included.

(§ 19.14, Ord. 363, as amended by § II, Ord. 440-85, eff. March 13, 1985)

"Main building" shall mean a building in which is conducted the principal use of the lot and/or building site on which the building is situated.

(§ 19.15, Ord. 363)

"Nonconforming building" shall mean a building which is designed or so arranged in such a manner that it is not suited to a use allowable in the district in which the building is situated.

(§ 19.16, Ord. 363)

"Building site" shall mean a lot or parcel of land which meets all of the requirements of this chapter with respect to area and dimensions in the district in which such lot or parcel is located and having its principal frontage on a public street, road, highway, or private road approved by the City.

(§ 19.17, Ord. 363)

"Retail business" shall mean the retail sale of any article, substance, or commodity for profit or livelihood conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.

(§ 19.18, Ord. 363)

"Wholesale business" shall mean the wholesale handling of any article, substance, or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacturing of any product or substance.

(§ 19.19, Ord. 363)

(§ 2, Ord. 13-C.S., eff. April 16, 1971; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

"Carport" shall mean a covered structure open on one or more sides and used for the parking of one or more automobiles.

(§ 19.20, Ord. 363)

"Automatic car wash" shall mean an area of land or structure with machinery and/or employee operated facilities used principally for the cleaning, washing, drying, polishing, or waxing of motor vehicles.

(§ 19.201, Ord. 363, as added by § 3, Ord. 382)

"Self-service car wash" shall mean an area of land or structure maintained and operated for the use of private individuals to clean, wash, polish, and wax their own motor vehicles.

(§ 19.202, Ord. 363, as added by § 3, Ord. 382)

"Portable self-service car wash" shall mean removable car cleaning and waxing equipment which is physically located on service station property and is maintained and operated for the use of private individuals to clean, wash, polish, and wax their own motor vehicles.

(§ 19.203, Ord. 363, as added by § 3, Ord. 425)

Sec. 9-4.225. - (Repealed)

(§ 19.21, Ord. 363; § 3, Ord. 453, § II, Ord. 440-85, eff. March 13, 1985; § I(G), Ord. 491-C.S., eff. October 28, 1987; § 4C, Ord. No. 894-C.S., eff. January 10, 2024; repealed by Ord. No. 902-C.S., § 6(Exh. A, § 2), eff. September 24, 2025)

"Club" shall mean premises occupied by a group of associated persons or an organization organized for social, charitable service, fraternal, professional, or trade purposes, except where the chief activity of which is a service customarily carried on as a business.

(§ 19.22, Ord. 363)

(§ I (H), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

(§ I (I), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

(§ I (J), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

(§ I (K), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

"Combining district" shall mean any district which can be combined with another district pursuant to the provisions of this chapter for the purpose of adding additional special regulations or regulations in place of the normal regulations effective in said districts.

(§ 19.23, Ord. 363)

"Commission" shall mean the Planning Commission of the City.

"Communications equipment building" shall mean a structure housing operating electrical and mechanical equipment necessary for the conduct of a public utility communications business, with or without personnel.

(§ 19.24, Ord. 363)

"Community care facility" shall mean any facility, place, or building that is maintained and operated to provide non-medical residential care, treatment, adult daycare, or foster family agency services, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes uses listed in Section 1502(a) of the California Health and Safety Code, as may be amended from time to time. A "community care facility" shall not include a "family daycare home."

(§ 4C, Ord. No. 894-C.S., eff. January 10, 2024)

"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment house, office, or store. "Condominium" may include, in addition, a separate interest in any other portion of such real property.

(§ 19.25, Ord. 363)

"Crop and tree farming" shall mean the raising of, but not the sale on the premises of, any form of vegetation for profit.

(§ 19.26, Ord. 363)

(§ I (L), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

"Dimensional standards" shall mean all setbacks, height requirements, lot area requirements, and lot coverage requirements specified in the applicable zoning district at the time of the adoption of this Code.

(Ord. 184-C.S., eff. November 11, 1976)

"District" shall mean a portion of the City within which certain uses of land and buildings are permitted or prohibited, certain yards and other open spaces are required, certain height limits are established for buildings, and other regulations are set forth, all as specified in this chapter.

(§ 19.27, Ord. 363)

"Dwelling" shall mean a building, or portion thereof, used or designed and intended to be used for human habitation, including sleeping purposes.

(§ 19.28, Ord. 363)

"Dwelling group" shall mean a group of two (2) or more detached single-family, two-family, or multiple- family dwellings occupying a parcel or parcels of land in one ownership and/or having any yard or court in common.

(§ 19.31, Ord. 363, as amended by § 3, Ord. 585-C.S., eff. February 12, 1992)

"Dwelling, multiple" shall mean a building, or portion thereof, used and designed as a residence for three (3) or more families living independently of each other and doing their own cooking in such building, including apartment houses, apartment hotels, and flats, but not including automobile courts, motels, hotels, or boardinghouses.

(§ 19.30, Ord. 363)

(§ 19.29, Ord. 363; repealed by § I (M), Ord. 491-C.S., eff. October 28, 1987)

"Single-family dwelling" shall mean a building designed for, or used to house, not more than one family, including all necessary employees of such family.

(§ 19.32, Ord. 363)

"Dwelling unit" shall mean a room or suite of two (2) or more rooms which room or suite is designed for, intended for, or occupied by one family doing its own cooking therein and having only one kitchen.

(§ 19.33, Ord. 363)

"Family" shall mean a group of individuals living together in a dwelling unit as a single housekeeping unit. Nothing in the definition of family shall be construed to require persons with disabilities be subject to any potential special regulations such as the number of persons, population types, licenses, higher discretionary standards or other requirements that do not apply to other residential uses in the same zoning district.

(§ 19.34, Ord. 363; § 6(Exh. A, § 2), Ord. No. 902-C.S., eff. September 24, 2025)

"Family daycare homes" shall mean establishments providing day care for fourteen (14) or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care home is considered an activity allowed as part of residential use in any zoning district in which residential uses are either permitted or conditionally permitted.

(§ 6(Exh. A, § 3), Ord. No. 902-C.S., eff. September 24, 2025)

"Financial institution" shall mean a federally or state chartered credit union, mortgage lender, savings and loan association, industrial loan company, or a non-profit financial institution or other provider of financial services, but specifically excluding any provider of alternative financial services.

(§ 3, Ord. 830-C.S., eff. January 1, 2018; § 6(Exh. A, § 3), Ord. No. 902-C.S., eff. September 24, 2025)

Editor's note— Ord. No. 902-C.S., § 6(Exh. A, § 3), effective September 24, 2025, renumbered § 9-4.239.1 as § 9-4.239.2.

"Floor area" shall mean the gross measurement of all enclosed floor area from outside wall to outside wall with the following exceptions:

(a)

Garages;

(b)

Areas where there is no floor (i.e. "open-to-below" areas);

(c)

Outdoor decks and patios, whether covered or uncovered.

(§ 1, Ord. 585-C.S., eff. February 12, 1992; § 2, Ord. 830-C.S., eff. January 1, 2018; § 6(Exh. A, § 4), Ord. No. 902-C.S., eff. September 24, 2025)

Editor's note— Ord. No. 902-C.S., § 6(Exh. A, § 4), effective September 24, 2025, renumbered § 9-4.239.2 as § 9-4.239.3.

"Gross leasable floor area" shall mean the total area that is designed for use by a commercial tenant plus common areas, common bathrooms, and other parts of the building not directly occupied by a tenant.

(§ 6(Exh. A, § 4), Ord. No. 902-C.S., eff. September 24, 2025)

"Guest house" shall mean an accessory building, with no cooking facilities, designed and/or used for overnight occupancy only and not as a living unit.

(§ 19.35, Ord. 363)

"Garage" shall mean an individually accessible and usable enclosed and covered space used for the parking of one or more automobiles.

(§ 19.36, Ord. 363)

"Public garage" shall mean any building or premises used for the storage and/or repair of self propelled vehicles.

(§ 19.37, Ord. 363)

"Greenhouse/solarium" shall mean a glassed enclosure, either attached or detached to the main unit. If attached to the main unit, the structure shall be separated by walls and/or a door from the main unit.

(§ V (A), Ord. 613-C.S., eff. April 13, 1994)

"Health/fitness club" shall mean a privately owned facility used primarily for the conduct of any one or more of the following uses: exercise classes, tennis, handball, weightlifting, personal training, stationary or non- stationary cycling, boxing, martial arts, gymnastics, wrestling, cross-functional training, indoor rock climbing, yoga, Pilates, swimming, or any other form of exercise or sports use similar in nature as determined by the Planning Director. This land use may also include massage therapy, saunas, and limited retail including, but not limited to, retail restaurants, as accessory uses to the primary fitness use(s) enumerated above. Any massage therapy use that is associated with health/fitness club uses, as described above, must comply with the floor area standards contained in Pacifica Municipal Code Section 9-4.1001(a) (2) or 9-4.1001(b)(10), whichever is applicable.

(§ 2, Ord. 846-C.S., eff. September 11, 2019)

See Height Limits (Article 25).

(§ 19.38, Ord. 363, as amended by § 1, Ord. 451-85, eff. October 10, 1985; § 6(Exh. A, § 5), Ord. No. 902- C.S., eff. September 24, 2025)

"Home occupation" shall mean an occupation for compensation, which occupation is carried on by the occupants of a dwelling in accordance with the provisions of Article 31 of this chapter.

(§ 19.39, Ord. 363)

"Hotel" shall mean a building, or portion thereof, containing six (6) or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied, or which are occupied, by six (6) or more individuals for compensation, whether the compensation for hire shall be paid directly or indirectly.

(§ 19.40, Ord. 363)

(§ 2, Ord. 13-C.S., eff. April 16, 1971; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

"Household appliance" shall mean and include articles normally found and/or associated with a household, such as a refrigerator or stove, which is operated by gas, electric, current, or a small motor.

(§ 19.40.1, Ord. 363, as added by § 3, Ord. 453)

"Household furniture and goods" shall mean personal property normally associated with goods in a household.

(§ 19.40.2, Ord. 363, as added by § 3, Ord. 453)

"Junk yard" shall mean the use of more than 100 square feet of the area of any lot for the storage of junk, including scrap metals, salvage, or other scrap materials, or for the dismantling or wrecking of automobiles, or other vehicles, or machinery, whether for sale or storage.

(§ 19.41, Ord. 363)

"Kennel" shall mean a place, building, or area used to keep, board, or train animals for commercial purposes.

(§ 19.42, Ord. 363, as amended by § I (N), Ord. 491-C.S., eff. October 28, 1987)

"Kitchen" shall mean any room used, or intended or designed to be used, for cooking and preparing food.

(§ 19.43, Ord. 363)

"Landscaping" shall mean plant and inorganic materials installed on the site to produce a pleasant aesthetic effect and to complement the structures constructed upon the site.

(§ 19.44, Ord. 363)

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

(§ 19.45, Ord. 363)

(§ I (O), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

(§ I (P), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

(§ I (Q), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

(See "Building site", Section 9-4.218 of this article.)

(§ 19.46, Ord. 363)

"Front lot line" shall mean, in the case of an interior lot, a line separating the lot from the street and, in the case of a corner lot, a line separating the narrowest lot frontage of the lot from the street.

(§ 19.47, Ord. 363)

"Rear lot line" shall mean, ordinarily, that line of a lot which is generally opposite and most distant from the front line of such lot and, in the case of a triangular or gore-shaped lot, a line ten (10′) feet in length within the lot parallel to, and at the maximum distance from, the front line of the lot. In cases in which the provisions of this section are not applicable, the Zoning Administrator shall designate the rear lot line.

(§ 19.48, Ord. 363)

"Side lot line" shall mean any lot boundary not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.

(§ 19.49, Ord. 363)

"Lot width" shall mean the horizontal distance between the side lot lines measured at the required front setback line.

(§ 19.50, Ord. 363)

"Lot depth" shall mean the horizontal length of a straight line connecting the midpoint of the front lot line and the midpoint of the rear lot line.

(§ I (R), Ord. 491-C.S., eff. October 28, 1987)

"Mixed use residential" shall mean a development project with both residential and non-residential uses which are either located together in a single building, or in separate buildings on a single site.

(§ 6(Exh. A, § 6), Ord. No. 902-C.S., eff. September 24, 2025)

"Mobile home park" shall mean any place, area, or tract of land offered to the public for the accommodation of any trailer or any place, area, or tract of land used for the accommodation of two (2) or more trailers, whether or not offered to the public for such use, but excluding any place, area, or tract of land used for the accommodation of two (2) or more trailers for the purpose of their sale only.

(§ 19.51, Ord. 363)

(§ 2, Ord. 13-C.S., eff. April 16, 1971; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

"Nonconforming" shall mean not meeting the standards of the current zoning regulations.

(a)

"Nonconforming lot" shall mean a lot which does not meet the minimum lot area or dimensional standards of the zoning district in which such lot is located.

(b)

"Nonconforming use of land" shall mean the operation taking place on the land which operation, if presently initiated, would not be allowed or would be permitted only with a use permit.

(c)

"Nonconforming use of a conforming building" shall mean any use, as set forth in subsection (b) of this section, existing in a building which itself conforms to the current zoning requirements of the district.

(d)

"Use of a nonconforming building" shall mean a use, either conforming or nonconforming, of a building which does not meet the current zoning district requirements.

(e)

"Nonconforming structure" shall mean a structure, as defined in Section 9-4.278 of this article, which does not meet the setback or height standards, minimum dwelling space standards, or parking standards in force in the zoning district in which such structure is located.

(§ 19.52, Ord. 363, as amended by Ord. 184-C.S., eff. November 11, 1976, and § XI, Ord. 641-C.S., eff. May 8, 1996)

"Open ground area" shall mean all landscaped and recreation areas, walks, and open patios but shall not include driveways or parking areas.

(§ 19.53, Ord. 363)

"Required open space" shall mean a front, side, or rear yard provided on the same parcel as a building to meet the requirements of this chapter.

(§ 1, Ord. 23-C.S., eff. June 23, 1971)

"Usable open space" shall mean common or private outdoor living, recreation, domestic use, or landscaping. Such area may be on the ground or on a roof, porch, deck, court, or balcony. Off-street parking areas or driveway and/or exit corridors shall not be included as usable open space. Any separate area to qualify under this definition shall be a minimum of four (4′) feet by ten (10′) feet. Usable open space shall not have a slope of more than ten (10%) percent.

(§ 1, Ord. 23-C.S., eff. June 23, 1971, as amended by § I (S), Ord. 491-C.S., eff. October 28, 1987)

(§ 1, Ord. 197-C.S., eff. April 13, 1977; repealed by § 2, Ord. 862-C.S., eff. May 25, 2021)

"Outdoor common area" shall mean that area surrounding buildings which area is either held as a permanent common or a private outdoor area which use is intended for outdoor living or recreation or maintained in permanent landscaping. Such area shall be unoccupied or unobstructed by buildings or structures from the ground upward, except that recreational facilities, such as swimming pools and club or recreational buildings, may be included.

(§ 1, Ord. 23-C.S., eff. June 23, 1971, as renumbered by § 1, Ord. 197-C.S., eff. April 13, 1977)

"Parking space" shall mean an individually accessible and usable space used for the parking of one automobile and meeting the provisions of this chapter.

(§ 19.54, Ord. 363)

"Paved area" shall mean an area which is graded for proper drainage covered with a dustproof all-weather surfacing.

(§ 19.55, Ord. 363)

"Personal appliance" shall mean an item of personal property and intimate belonging related to or affecting a person, which appliance is of a mechanical nature.

(§ 19.55.1, Ord. 363, as added by § 3, Ord. 453)

"Primary frontage street" shall mean the street that the main façade of a building fronts onto, typically containing the primary public entrance and oriented toward the public space.

(§ 6(Exh. A, § 7), Ord. No. 902-C.S., eff. September 24, 2025

"Professional office" shall mean an office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, engineering, surveying, physician, dentist, photographer, real estate, insurance, collection agent, social work, private detective, medical or dental laboratory, city planning, prescription pharmacy, or mortician, but not including the following uses: barber or beauty shop, contractor (equipment involved or not), pest control, or drugstore.

(§ 19.56, Ord. 363)

"Recreational facilities" shall mean facilities installed on the site, either inside or outside of structures, for the active and/or passive enjoyment of persons residing on or visiting the site.

(§ 19.57, Ord. 363)

"Restaurant" shall mean an eating establishment that sells food primarily for consumption on-site and has more than one seat per one hundred fifty (150′) square feet gross leasable floor area. Such establishments serve food cooked-to-order and provide table service. Typical restaurants include, but are not limited to, diners and dinner houses.

(§ III, Ord. 641-C.S., eff. May 8, 1996)

"Fast food restaurant" shall mean an eating establishment whose primary use is the quick selling of food in ready-to-consume individual servings. Such food is typically served over-the-counter in pre-packaged disposable containers. Fast food restaurants have more than one seat per one hundred fifty (150′) square feet gross leasable floor area.

(§ IV, Ord. 641-C.S., eff. May 8, 1996)

"Retail restaurant" shall mean an eating establishment that serves food primarily for consumption off-site, has less than or equal to one seat per one hundred fifty (150′) square feet gross leasable floor area, and is located in a commercial space having less than or equal to 2,000 square feet gross leasable floor area. Such establishments include, but are not limited to, bakeries, delicatessens, and take-out restaurants.

(§ V, Ord. 641-C.S., eff. May 8, 1996)

(See "Boardinghouse", Section 9-4.211 of this article.)

(§ 19.58, Ord. 363)

"School" shall mean a public, private, or parochial educational institution offering a full curriculum as required by State law.

(§ 19.59, Ord. 363)

(§ I (T), Ord. 491-C.S., eff. October 28, 1987; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

"Service station" shall mean an occupancy which provides for the retail sale of motor vehicle fuel. In addition to the retail sale of motor vehicle fuel, "service station" may also include the retail sale of petroleum products and automotive accessories; the servicing of motor vehicles and operations incidental thereto; automobile washing by hand or by portable car-washing equipment; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; lubrication of motor vehicles; brake servicing (limited to the servicing and replacement of brake cylinders and brake shoes and drum turning); wheel balancing; and the testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring.

(§ 19.60, Ord. 363, as amended by § 3, Ord. 425, § VI, Ord. 440-85, eff. March 13, 1985, and § 1, Ord. 538- C.S., eff. December 27, 1989)

"Full-service service station" shall mean a service station where motor vehicle fuel dispensing is performed by an attendant.

(§ 2, Ord. 538-C.S., eff. December 27, 1989)

"Self-service service station" shall mean a service station where customers must dispense motor vehicle fuel themselves. A service station with at least one island where motor vehicle fuel is dispensed by an

attendant shall not be considered self-service.

(§ 2, Ord. 538-C.S., eff. December 27, 1989)

"Front setback" shall mean a clear distance from the front of any lot within which no building or structure may be permitted, except as set forth in Article 27 of this chapter.

(§ 19.61, Ord. 363)

"Rear setback" shall mean a clear distance from the rear of any lot within which no building or structure may be permitted, except as set forth in Article 27 of this chapter; provided, however, nondwelling buildings may be permitted therein.

(§ 19.62, Ord. 363, as amended by § 10, Ord 538-C.S., eff. December 27, 1989)

"Side setback" shall mean a clear distance from the side of any lot within which no building or structure may be permitted, except as set forth in Article 27 of this chapter; provided, however, accessory buildings named therein.

(§ 19.63, Ord. 363)

"Shore line structure" shall mean a man-made structure designed to protect bluffs and shore line from erosion.

(§ I(U), Ord. 491-C.S., eff. October 28, 1987)

"Single housekeeping unit" shall mean a residential unit where residents share the same facilities and appliances for cooking and the preparation of food, including stoves and other cooking appliances, refrigeration, and the storage or cleaning of food items.

(§ I (V), Ord. 491-C.S., eff. October 28, 1987)

"Small animal hospital" or "veterinary clinic" shall mean a place where small animals, such as dogs, cats, birds, and the like, are given medical or surgical treatment. Use as a kennel shall be incidental to short-term boarding and shall be only incidental to such hospital or clinic use.

(§ 19.64, Ord. 363)

"Small livestock" shall mean and include chicken hens, pigeons, pheasant or similar fowl, rabbits, chinchillas, hamsters, guinea pigs, or similar animals.

(§ 19.65, Ord. 363)

(§ ll, Ord. 440-85, eff. March 13, 1985, as amended by § I (W), Ord. 491-C.S., eff. October 28, 1987; repealed by § 4C, Ord. No. 894-C.S., § 4C, eff. January 10, 2024)

"Stepback" shall mean a step-like recession in the profile of a building.

(§ 6(Exh. A, § 8), Ord. No. 902-C.S., eff. September 24, 2025)

"Stoop" shall mean a raised platform, approached by steps and sometimes having a roof, at the entrance of a building.

(§ 6(Exh. A, § 8), Ord. No. 902-C.S., eff. September 24, 2025)

"Story" shall mean the space between a floor and the ceiling above it used for residential purposes, or as a garage or working space, or for the purpose of selling or exhibiting merchandise or services. The number of stories of a building shall be considered equal to the highest number of stories in any vertical section of the building. The restriction of the number of stories shall not exclude additional basement or attic space used exclusively for storage or for machinery servicing the building.

(§ 19.651, Ord. 363, as added by § 3, Ord. 463)

"Street" shall mean a public thoroughfare accepted by the City, which thoroughfare affords the principal means of access to abutting property, and shall include avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare, except an alley.

(§ 19.66, Ord. 363)

"Street line" shall mean the boundary between a street and private property.

(§ 19.67, Ord. 363)

"Structural alteration" shall mean any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

(§ 19.69, Ord. 363)

"Structure" shall mean anything constructed or erected the use of which requires location on the ground or attachment to something having location on the ground.

(§ 19.68, Ord. 363)

"Townhouse" shall mean an attached building containing a single dwelling unit having no other dwelling unit located above or below it.

(§ II, Ord. 440-85, eff. March 13, 1985)

(§ 2, Ord. 13-C.S., eff. April 16, 1971, as renumbered by § II, Ord. 440-85, eff. March 13, 1985; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

(§ 2, Ord. 13-C.S., eff. April 16, 1971, as renumbered by § II, Ord. 440-85, eff. March 13, 1985; repealed by § 1, Ord. 497-C.S., eff. February 10, 1988)

(See "Mobile home park", Section 9-4.258 of this article.)

(§ 19.70 Ord. 363)

(§ 19.72, Ord. 363; repealed by § I, Ord. 440-85, eff. March 13, 1985)

"Use" shall mean the purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is, or may be, occupied or maintained.

(§ 19.71, Ord. 363)

"Accessory use" shall mean a use incidental and accessory to the principal use of a lot or a building located on the same lot.

(§ 19.73, Ord. 363)

"Vehicle" shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails.

(§ 2, Ord. 13-C.S., eff. April 16, 1971)

(§ II, Ord. 440-85, eff. March 13, 1985; repealed by § 1, Ord. 610-C.S., eff. March 16, 1994)

"Yard" shall mean an open space, other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as set forth in Article 27 of this chapter, and except that there shall be no parking of vehicles or trailers except in a garage or on driveway aprons constructed in such yard.

(§ 19.74, Ord. 363)

"Front yard" shall mean a yard extending across the full width of the lot, the depth of which is measured from the street line to the foundation line of the main building; provided, however, if any Official Plan Line has been established for such street, then such yard shall be measured from the Official Plan Line to the foundation line of the main building.

(§ 19.75, Ord. 363)

"Rear yard" shall mean a yard extending across the full width of the lot measured between the rear line of the lot and the foundation line of the main building.

(§ 19.76, Ord. 363)

"Side yard" shall mean a yard between the side line of a lot and the foundation line of the building and extending from the front yard to the rear yard.

(§ 19.77, Ord. 363)

"Zoning plot" shall mean building site. (See "Building site", Section 9-4.218 of this article.)

(§ 19.78, Ord. 363, as added by § 3, Ord. 419)