Title 18 — ZONING

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Title 18 - ZONING

Chapters:

Chapter 18.02 - PURPOSE AND TITLE

Sections:

18.02.010 - Intent and purpose.

This zoning title is adopted:

A.

To promote and protect the public health, safety and general welfare, and to guide, control and regulate the future growth and development of the city of Parlier, in order to assure the orderly and beneficial development of the entire area;

B.

To protect the character and the stability of established private and public areas which are in conformity with the general plan;

C.

To obviate the menace to the public safety resulting from the locating of buildings, and the use thereof, and the use of land adjacent to roads and highways which are a part of the general plan, or which are important thoroughfares, in such manner as to cause interference with existing or prospective traffic movements on the streets and highways;

D.

To provide adequate light, air, privacy, and conveniences of access to property;

E.

To secure safety from fire, inundation and other dangers; and

F.

To prevent overcrowding the land and prevent undue congestion of population.

(Ord. 68-128 §5-101, 1968).

"Accessory building" means a building, part of a building, or structure, which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot.

(Ord. 68-128 §5-105(part), 1968).

"Accessory living quarters" means living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. See "accessory building" above.

(Ord. 68-128 §5-105(part), 1968).

18.04.012 - Accessory use.

"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the district.

(Ord. 68-128 §5-105(part), 1968).

18.04.014 - Acre.

"Acre" means a full acre containing 43,560 square feet of area within the property lines of a lot or parcel.

(Ord. 68-128 §5-105(part), 1968).

18.04.016 - Adjacent.

"Adjacent" means near, close, or abutting. For example, an industrial district across the street or highway from a residential district shall be considered as "adjacent."

(Ord. 68-128 §5-105(part), 1968).

18.04.018 - Adjoin.

"Adjoin" means the same as "abut."

(Ord. 68-128 §5-105(part), 1968).

18.04.019 - Adult uses.

"Adult uses" means "adult bookstore" or "adult theater," as defined in Sections 18.04.019-1 and 18.04.0192, respectively.

(Ord. 85-19 §1(part), 1985).

18.04.019-1 - Adult bookstore.

"Adult bookstore" means an establishment having as a substantial or significant portion of its stock-intrade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified and anatomical areas" as defined in this chapter, or an establishment with a segment or section devoted to the sale or display of such material.

(Ord. 85-19 §1(part), 1985).

18.04.019-2 - Adult theater.

"Adult theater" means a facility or enclosed building used for presenting material in the form of motion picture films, video tapes and other similar means, which is distinguished or characterized by an emphasis

on matter or which is substantially devoted to the depiction of "specified sexual activities" or "specified and anatomical areas," as defined in this chapter, for observation by persons therein.

(Ord. 85-19 §1(part), 1985).

"Advertising structure" means any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structure.

(Ord. 68-128 §5-105(part), 1968).

18.04.022 - Advisory agency.

"Advisory agency." The city planning commission is herein designated as the "advisory agency" to the city council on all matters related to the planning, zoning and use of land and structures.

(Ord. 68-128 §5-105(part), 1968).

18.04.024 - Aircraft.

"Aircraft" means any contrivance now known or hereafter invented for use or designed for navigation of or flight in the air or outer space, including missiles.

(Ord. 68-128 §5-105(part), 1968).

"Airport" means any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.

(Ord. 68-128 §5-105(part), 1968).

18.04.028 - Alley.

"Alley" means any dedicated way intended for vehicular service to the rear or side of property served by a street. Buildings facing an alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.

(Ord. 68-128 §5-105(part), 1968).

18.04.030 - Altered.

"Altered" has the same meaning as "Structural alteration."

(Ord. 68-128 §5-105(part), 1968).

18.04.032 - Ambulatory persons.

"Ambulatory persons" means persons who are able to walk about unassisted, patients who are not bedridden.

(Ord. 68-128 §5-105(part), 1968).

18.04.034 - Amendment.

"Amendment" means a change in the working, context, or substance of this title, an addition or deletion or a change in the district boundaries or classifications upon the zoning map.

(Ord. 68-128 §5-105(part), 1968).

18.04.036 - Animal hospital.

"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

(Ord. 68-128 §5-105(part), 1968).

18.04.038 - Apartment hotel.

"Apartment hotel" means a multiple dwelling which in addition to dwelling units has one or more guest rooms.

(Ord. 68-128 §5-105(part), 1968).

18.04.039 - Art foundry/studio.

"Art foundry/studio" means a studio where works of art may be designed, created or displayed with an accompanying foundry where works of art may be cast in iron, bronze or other metals.

(Ord. 89-07 §1, 1990).

18.04.039-1 - Art foundry/studio apartment.

"Art foundry/studio apartment" means an apartment for the occupancy, solely by the owner and his family, to include husband, wife and child, of an art foundry/studio as defined in Section 18.040.039.

(Ord. 92-05 §1, 1992).

18.04.040 - Assessor.

"Assessor" means the county assessor of the county of Fresno.

(Ord. 68-128 §5-104(A), 1968).

18.04.042 - Auto court.

"Auto court" means the same as "motel."

(Ord. 68-128 §5105(part), 1968).

18.04.044 - Automobile and trailer sales lot.

"Automobile and trailer sales lot" means an open area used for the display, sales or rental of new or used automobiles and trailer coaches, but where no repair, repainting or remodeling is done.

(Ord. 68-128 §5-105(part), 1968).

18.04.046 - Automobile trailer or mobilehome.

"Automobile trailer or mobilehome" means the same as "trailer, automobile."

(Ord. 68-128 §5-105(part), 1968).

18.04.048 - Automobile wrecking yard.

"Automobile wrecking yard" means any lot, or the use of any portion of a lot, for the dismantling or wrecking of automobiles or other motor vehicles, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking.

(Ord. 68-128 §5-105(part), 1968).

18.04.050 - Automobile service station.

"Automobile service station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto limited to:

A.

Retail sale of gasoline, oil, tires, batteries and new accessories;

B.

Automobile washing, not including mechanical car wash or steam cleaning;

C.

Incidental waxing and polishing;

D.

Tire changing and repairing, but not including recapping;

E.

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

F.

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

G.

Installation of minor accessories;

H.

The following operations if conducted wholly within an enclosed building:

1.

Lubrication of motor vehicles,

2.

Brake adjustment, replacement of brake cylinders, brake fluid lines and brake shoes,

3.

The testing, adjustment and replacement of:

a.

Carburetors

b.

Coils

c.

Condensers

d.

Distributor caps

e.

Fan belts

f.

Filters

g.

Generators

h.

Points

i.

Rotors

j.

Spark plugs

k.

Voltage regulators

l.

Fuel pumps

m.

Water hoses

n.

Wheel balancing.

(Ord. 68-128 §5-105(part), 1968).

18.04.052 - Bakery goods, retail sales only.

"Bakery goods, retail sales only" means establishments engaged in the retail sale of bakery products such as bread, cakes and pies, none of which are produced on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.054 - Bakery, retail.

"Bakery, retail" means establishments primarily engaged in the retail sale of bakery products such as bread, cakes and pies and which produce some or all of the products sold on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.056 - Basement.

"Basement" means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining finished grade. If the finished floor level directly above a basement is more than six feet above a finished grade at any point, such space shall be considered a story.

(Ord. 68-128 §5-105(part), 1968).

18.04.058 - Billboard.

"Billboard" means the same as "advertising structure."

(Ord. 68-128 §5-105(part), 1968).

"Block" means all property fronting on one side of a street between intersecting and intercepting streets, or between a street and right-of-way, waterway, end of a cul-de-sac, or city-county boundary. Where the citycounty boundary intersects or intercepts a street in a block as described herein, the block shall be considered to end at the city-county boundary.

(Ord. 68-128 §5-105(part), 1968).

"Block frontage" means all property fronting on one side of a street between a street and right-of-way, waterway, or between intersecting or intercepting streets, the end of a dead-end street, or city or county boundary measured along a street line. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

(Ord. 68-128 §5-105(part), 1968).

18.04.064 - Boarding or rooming house.

"Boarding or rooming house" means a building containing a single dwelling unit and provisions for five but not more than fifteen guests, where lodging is provided with or without meals for compensation, but not to include rest homes.

(Ord. 68-128 §5-105(part), 1968).

"Borrow pit" means any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.068 - Breezeway.

"Breezeway" means a roofed passageway, open on at least two sides, where the roof is structurally integrated with the structure of the main building. A fence or wall not exceeding six feet in height may be permitted on one side of the breezeway.

(Ord. 68-128 §5-105(part), 1968).

18.04.070 - Building.

A.

"Building" means any structure built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but shall not include temporary buildings as defined in "structure, temporary." Trailers, with or without wheels, shall not be considered as buildings.

B.

"Building" includes the word "structures," but shall not include "temporary structures" as defined in Section 18.04.474.

(Ord. 68-128 §§5-104(B) and 5-105(part), 1968).

18.04.072 - Building, area of.

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

(Ord. 68-128 §5-105(part), 1968).

18.04.074 - Building, height of.

"Building, height of" means the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators, provided however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.

(Ord. 68-128 §5-105(part), 1968).

18.04.076 - Building, main.

"Building, main" means a building within which is conducted the principal use permitted on the lot, as provided by this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.078 - Building setback line.

"Building setback line" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation of any building or structure related thereto.

(Ord. 68-128 §5-105(part), 1968).

18.04.080 - Building site.

"Building site" means the ground area of a building together with all the open space required by this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.082 - Building, temporary.

"Building, temporary" means the same as "structure, temporary."

(Ord. 68-128 §5-105(part), 1968).

18.04.084 - Building unit group.

"Building unit group" means two or more buildings grouped on a lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.086 - Bungalow court.

"Bungalow court" means a group of two or more detached buildings used or intended to be used as one family or two family (duplex) dwellings, located on a single lot, together with all of the open spaces required by this title, but not including tourist courts, motor courts or motels, or any other commercial uses.

(Ord. 68-128 §5-105(part), 1968).

18.04.088 - Business.

"Business" means the same as "commerce."

(Ord. 68-128 §5-105(part), 1968).

18.04.090 - Cabana.

"Cabana" means any portable, demountable, or permanent cabin, small house, room enclosure or other building or structure erected, constructed or placed on any trailer park site within six feet of any house trailer on the same site in a trailer park and used for human habitation, but said structure shall not be used for sleeping purposes. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.092 - Camp, public.

"Camp, public" means any area or tract of land used or designed to accommodate two or more camping parties including tents or other camping outfits but not including trailer parks. Such camp may be publicly or privately owned and operated.

(Ord. 68-128 §5-105(part), 1968).

18.04.094 - Carport.

"Carport" means a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter and storage.

(Ord. 68-128 §5-105(part), 1968).

"Cemetery" means land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.098 - Centerline.

"Centerline" has the same meaning as "street centerline."

(Ord. 68-128 §5-105(part), 1968).

18.04.100 - Church.

"Church" means a permanently located building commonly used for religious worship fully enclosed with walls, including windows and doors, and having a roof, canvas or fabric excluded, and conforming to applicable legal requirements affecting design and construction.

(Ord. 68-128 §5-105(part), 1968).

18.04.102 - City.

"City" means the city of Parlier, California.

(Ord. 68-128 §5-105(part), 1968).

18.04.104 - City clerk.

"City clerk" means the city clerk of the city of Parlier.

(Ord. 68-128 §5-105(part), 1968).

18.04.106 - Clinic.

"Clinic" means a place for group medical services not involving overnight housing of patients.

(Ord. 68-128 §5-105(part), 1968).

18.04.108 - Club.

"Club" means an association of persons, whether or not incorporated, religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

(Ord. 68-128 §5-105(part), 1968).

18.04.110 - College.

"College" means an educational institution offering advanced instruction in any academic field, beyond the secondary level, not including trade schools or business colleges.

(Ord. 68-128 §5-105(part), 1968).

18.04.112 - College, trade.

"College, trade" means the same as "school, trade."

(Ord. 68-128 §5-105(part), 1968).

18.04.114 - Commerce.

"Commerce" means the purchase, sale or other transaction involving the handling or disposition, other than that included in the term "industry" as defined in Section 18.04.284, of any article, substance or commodity for profit or livelihood, including in addition operation of automobile or trailer courts, tourist courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junk-yards.

(Ord. 68-128 §5-105(part), 1968).

18.04.116 - Commercial classifications.

"Commercial classifications" shall be obtained from the latest edition of the Standard Industrial Classification Manual, Executive Office of the President, Bureau of the Budget, on file at the City Hall, Parlier.

(Ord. 68-128 §5-105(part), 1968).

18.04.118 - Commercial office.

"Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this title has jurisdiction.

(Ord. 68-128 §5-105(part), 1968).

18.04.120 - Commission.

"Commission" means the planning commission of the city.

(Ord. 68-128 §5-105(E), 1968).

18.04.122 - Communication equipment buildings.

"Communication equipment buildings" means buildings housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel.

(Ord. 68-128 §5-105(part), 1968).

18.04.124 - Contiguous.

"Contiguous" means the same as "abut."

(Ord. 68-128 §5-105(part), 1968).

18.04.126 - Convalescent home.

"Convalescent home" means the same as "rest home."

(Ord. 68-128 §5-105(part), 1968).

18.04.128 - Corner cut-off.

"Corner cut-off" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

(Ord. 68-128 §5-105(part), 1968).

18.04.130 - Council and city council.

"Council" and "city council" means the city council of the city.

(Ord. 68-128 §5-104(D), 1968).

18.04.132 - County.

"County" means the county of Fresno.

(Ord. 68-128 §5-104(F), 1968).

18.04.134 - County recorder.

"County recorder" means the county recorder of the county of Fresno.

(Ord. 68-128 §5-104(G), 1968).

18.04.136 - Court.

"Court" means an open, unoccupied space other than a yard on the same lot with a building or buildings, and bounded on two or more sides by such buildings.

(Ord. 68-128 §5-105(part), 1968).

18.04.138 - Court, apartment.

"Court, apartment" means a group of dwellings arranged about two or more sides of a court on a lot which opens onto a dedicated street.

(Ord. 68-128 §5-105(part), 1968).

18.04.140 - Court, enclosed.

"Court, enclosed" means a court surrounded on all sides by exterior walls of a building and lot lines on which fences, hedges or walls are permitted.

(Ord. 68-128 §5-105(part), 1968).

18.04.142 - Court, inner.

"Court, inner" means a court enclosed on all sides by the exterior walls of a building or buildings.

(Ord. 68-128 §5-105(part), 1968).

18.04.144 - Court, outer.

"Court, outer" means a court enclosed on all but one side by exterior walls of building or buildings or lot lines on which fences, hedges or walls are permitted.

(Ord. 68-128 §5-105(part), 1968).

18.04.146 - Coverage.

"Coverage" means the same as "lot coverage."

(Ord. 68-128 §5-105(part), 1968).

18.04.148 - Cul-de-sac lot.

"Cul-de-sac lot" see "lot, cul-de-sac."

(Ord. 68-128 §5-105(part), 1968).

18.04.150 - Curve lot.

"Curve lot" see "lot, curve."

(Ord. 68-128 §5-105(part), 1968).

18.04.152 - Dairy drive-in.

"Dairy drive-in" means a facility for the selling of dairy products only to the consumer while such consumer is occupying a motor vehicle. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.154 - Dairy farm.

"Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in lactation.

(Ord. 68-128 §5-105(part), 1968).

18.04.156 - Day.

"Day" means calendar day.

(Ord. 68-128 §5-105(part), 1968).

18.04.158 - Day nursery or child care nursery.

"Day nursery or child care nursery" means any group of buildings, building or portion thereof used primarily for the daytime care of children, with or without compensation. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.160 - District.

"District" means a zoning district established by this title.

(Ord. 68-128 §5-105(part), 1968).

"Dormitory" means a building intended or used principally for sleeping accommodations, where such building is related to an educational or public institution, including religious institutions and fraternities and sororities.

(Ord. 68-128 §5-105(part), 1968).

18.04.164 - Drainage channel.

"Drainage channel" means any existing or proposed open ditch, open culvert or open channel, naturally created or designed to transmit water for flood control or irrigation purposes.

(Ord. 68-128 §5-105(part), 1968).

"Drive-in movie" means any lot or portion of a lot used for the parking of automobiles for the purpose of the occupants' viewing a motion picture or other entertainment. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.168 - Drive-in restaurant.

"Drive-in restaurant" means any building or structure in which food and drink are prepared for service to customers within such structure or occupying vehicles outside of such structure, and including self-service restaurants for take-out food. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.170 - Driveway.

"Driveway" means any vehicular access to an off-street parking or loading facility. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.172 - Drug store.

"Drug store" means a retail store engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries and such unrelated items as tobacco and novelty merchandise. Such use may also include a soda fountain or lunch counter.

(Ord. 68-128 §5-105(part), 1968).

18.04.174 - Drug store, super.

"Drug store, super" means any drug store having a gross floor area of ten thousand square feet or more.

(Ord. 68-128 §5-105(part), 1968).

18.04.176 - Dump.

"Dump" means a place used for the disposal, abandonment, or discarding by burial, incineration, or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. Such use shall not involve any industrial or commercial process.

(Ord. 68-128 §5-105(part), 1968).

18.04.178 - Duplex.

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

(Ord. 68-128 §5-105(part), 1968).

18.04.180 - Dwelling.

"Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy and permitted home occupations, including one family, two family, and multiple dwellings, but not including hotels, motels, boarding or lodging house, or trailers, with or without wheels, except in the T-P district.

(Ord. 68-128 §5-105(part), 1968).

18.04.182 - Dwelling group.

"Dwelling group" means two or more dwellings located on a single lot and each having separate kitchen and toilet facilities.

(Ord. 68-128 §5-105(part), 1968).

18.04.184 - Dwelling, multiple.

"Dwelling, multiple" means a building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family.

(Ord. 68-128 §5-105(part), 1968).

18.04.186 - Dwelling, one family.

"Dwelling, one family" means a detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family.

(Ord. 68-128 §5-105(part), 1968).

18.04.188 - Dwelling, two family.

"Dwelling, two family" means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family.

(Ord. 68-128 §5-105(part), 1968).

"Second dwelling" means a dwelling with separate kitchen and toilet facilities built after the occupancy of a one-family dwelling on any one lot within a single-family district.

(Ord. 83-07 §1, 1983).

"Easement" means a space on a lot or parcel of land reserved for or used for public utilities or public or private uses. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

"Education institutions" means public and other nonprofit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either:

A.

Offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or

B.

Confer degrees as a college or university of undergraduate or graduate standing, or

C.

Conduct research, or

D.

Give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools.

(Ord. 68-128 §5-105(part), 1968).

"Electric distribution substation" means an electric substation with a primary voltage of 110 KV or less, with distribution circuits served therefrom.

(Ord. 68-128 §5-105(part), 1968).

"Essential service" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare.

(Ord. 68-128 §5-105(part), 1968).

18.04.198 - Family.

"Family" means an individual or two or more persons related by blood, marriage or adoption, with or without the addition of not more than three persons, excluding servants who are not related by blood, marriage or adoption to the resident persons, living together in a single dwelling unit.

(Ord. 68-128 §5-105(part), 1968).

18.04.200 - Farm labor camp.

"Farm labor camp" means the same as "labor camp, farm."

(Ord. 68-128 §5-105(part), 1968).

18.04.202 - Federal.

"Federal" means the government of the United States of America.

(Ord. 68-128 §5-104(I), 1968).

18.04.204 - Feed lot or feed yard.

"Feed lot" or "feed yard" means a lot, or portions of a lot, used for the enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm.

(Ord. 68-128 §5-105(part), 1968).

18.04.206 - Fence.

"Fence" means any structural device forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through said surface in a horizontal plane. (For board or other solid barriers, see "wall.") The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.208 - Filling station.

"Filling station" means the same as "automobile service station."

(Ord. 68-128 §5-105(part), 1968).

18.04.210 - Fishery.

"Fishery" means any premises upon which breeding, hatching or fish rearing facilities are situated when such premises are required to have a license by the State Fish and Game Code, including ponds for commercial use.

(Ord. 68-128 §5-105(part), 1968).

18.04.212 - Flood control channel.

"Flood control channel" means the same as "drainage channel."

(Ord. 68-128 §5-105(part), 1968).

Whenever the term "floor area" is used in this title as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories or basement of the structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches.

(Ord. 68-128 §5-105(part), 1968).

18.04.216 - Floor space index.

"Floor space index" means the ratio of gross building floor area to total lot area expressed as a fraction. Example: Two square feet of gross floor area for each three square feet of total lot area would result in a "floor space index" of 2:3.

(Ord. 68-128 §5-105(part), 1968).

"Fraternity" means a building or structure housing a group of men associated for their common interest. Such group may eat, sleep and otherwise use such facilities as are provided on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.220 - Freeway, landscaped.

"Freeway, landscaped" means a freeway which is landscaped and maintained by a public authority.

(Ord. 68-128 §5-105(part), 1968).

"Freeway or expressway" means a highway for through traffic with full or partial control of access and generally with grade separations at intersections.

(Ord. 68-128 §5-105(part), 1968).

18.04.224 - Frontage.

"Frontage" means that portion of a parcel of property which abuts a dedicated public street or highway.

(Ord. 68-128 §5-105(part), 1968).

18.04.226 - Frontage street, service road or outer highway.

"Frontage street, service road or outer highway" means those roads which parallel freeways, expressways or important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.

(Ord. 68-128 §5-105(part), 1968).

18.04.228 - Front wall.

"Front wall" means the wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments.

(Ord. 68-128 §5-105(part), 1968).

18.04.229 - Funeral home.

"Funeral home" means an establishment where the dead are prepared for burial or cremation, where the body may be viewed, and where funeral services are sometimes held (also called funeral parlor, mortuary).

(Ord. 95-01(part), 1995).

18.04.230 - Garage, private.

"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

(Ord. 68-128 §5-105(part), 1968).

18.04.232 - Garage, public.

"Garage, public" means any garage other than a private garage.

(Ord. 68-128 §5-105(part), 1968).

18.04.234 - Garage, repair.

"Garage, repair" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

(Ord. 68-128 §5-105(part), 1968).

18.04.236 - Garage, storage.

"Garage, storage" means any premises used exclusively for the storage of vehicles.

(Ord. 68-128 §5-105(part), 1968).

18.04.238 - Garbage.

"Garbage" means any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.

(Ord. 68-128 §5-105(part), 1968).

18.04.240 - Golf course.

"Golf course" means a lot or portion of a lot used for the playing of golf, including pitch-and-putt courses, but shall not include driving ranges, miniature golf courses or other similar commercial enterprises.

(Ord. 68-128 §5-105(part), 1968).

18.04.242 - Grade.

"Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five feet in a horizontal distance of one hundred feet would be expressed as a grade of twenty-five percent. (See also "slope.")

(Ord. 68-128 §5-105(part), 1968).

18.04.244 - Greenhouse.

"Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.246 - Group houses.

"Group houses" means two or more separate buildings, each containing one or more dwelling units.

(Ord. 68-128 §5-105(part), 1968).

18.04.248 - Guest.

"Guest" means any transient person who occupies a room for sleeping purposes.

(Ord. 68-128 §5-105(part), 1968).

18.04.250 - Guest home.

"Guest home" means the same as "rest home."

(Ord. 68-128 §5-105(part), 1968).

18.04.252 - Guest house.

"Guest house" means the same as "accessory living quarters."

(Ord. 68-128 §5-105(part), 1968).

18.04.254 - Guest ranch.

"Guest ranch" means a building or buildings housing guests, providing meals and rooms, having recreational activities of one or more types, for compensation.

(Ord. 68-128 §5-105(part), 1968).

18.04.256 - Guest room.

"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities, not including dormitories.

(Ord. 68-128 §5-105(part), 1968).

18.04.258 - Half-story.

"Half-story" means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story.

(Ord. 68-128 §5-105(part), 1968).

18.04.260 - Hedge.

"Hedge" means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.

(Ord. 68-128 §5-105(part), 1968).

18.04.262 - Height of building.

"Height of building" means the same as "building, height of."

(Ord. 68-128 §5-105(part), 1968).

18.04.264 - Highway setback line.

"Highway setback line" means the future right-of-way line or plan lines of any highway as shown on the official plan of streets and highways for highway use. A yard abutting such a highway shall be measured from this future right-of-way line.

(Ord. 68-128 §5-105(part), 1968).

18.04.266 - Hog ranch.

"Hog ranch" means any premises where five or more weaned hogs are maintained.

(Ord. 68-128 §5-105(part), 1968).

18.04.268 - Home for the aged.

"Home for the aged" means the same as "rest home."

(Ord. 68-128 §5-105(part), 1968).

18.04.270 - Home occupation.

"Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof.

A.

Such home occupations may include:

1.

Consultive professional occupations, whose function is one of rendering a service, and which do not involve the dispensation of goods or products;

2.

The selling or otherwise disposing of agricultural services and products produced on the premises;

3.

Secondary business offices, where the business has its principal office, staff and equipment located elsewhere;

4.

Farm management offices, where an agricultural operation on the premises requires such office;

5.

The giving of music lessons and similar instructions;

6.

The home office of a salesman, where all sales are done by written or phone order with no commodities or displays on the premises;

7.

Drafting, printing, designing and the like, using drafting, printing, photocopying and designing equipment;

8.

Operating a rental business, where the goods or services rented involve party, wedding or entertainment needs and supplies.

B.

The following criteria shall apply for the evaluation of "home occupation":

1.

There shall be no employment of help other than the members of the resident family;

2.

There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses,except as may be necessary for the home occupation;

3.

There shall be no sales of products or services not produced, assembled or packaged on the premises;

4.

The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located, except as necessary for the pickup or delivery of supplies, materials or products to or from the home occupation;

5.

It shall not involve the use of commercial vehicles for delivery of materials more than twice per month to or from the premises, other than vehicles not to exceed one ton and vehicles owned by the operator of such home occupations, which shall be stored in an entirely enclosed garage;

6.

There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the district;

7.

It shall not involve the use of signs or structures other than those permitted in the district of which it is a part;

8.

Not more than one room in the dwelling shall be employed for the home occupation;

9.

No building or space outside of the main building shall be used for home occupational purposes except for agricultural uses;

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use and the home occupation shall not involve materials or construction, lighting, signs, sounds or noises, vibrations which become a public nuisance; and

11.

There shall be no use of city utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the district.

C.

The issuance of a business license to any applicant for the conduct of a home occupation shall constitute an irrevocable permit to operate the home occupation for the duration of the licensing period shown on the permit so long as the character and mode of operation meet the standards of this section and no further permit or approvals shall be required.

(Ord. 94-09 §1, 1994; Ord. 68-128 §5-105(part), 1968).

18.04.272 - Hospital.

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.

(Ord. 68-128 §5-105(part), 1968).

18.04.274 - Hospital, animal.

"Hospital, animal" means the same as "animal hospital."

(Ord. 68-128 §5-105(part), 1968).

18.04.276 - Hotel.

"Hotel" means any building or portion thereof designed or used, or containing six or more guest rooms or suites of rooms, but not including any institutions in which human beings are housed or detained under legal restraint.

(Ord. 68-128 §5-105(part), 1968).

18.04.278 - House court.

"House court" means the same as "bungalow court."

(Ord. 68-128 §5-105(part), 1968).

18.04.280 - House trailer.

"House trailer" means the same as "trailer, automobile."

(Ord. 68-128 §5-105(part), 1968).

"Industrial classifications" means that when a use is listed as permitted, permitted subject to conditions, or is expressly prohibited, that the use shall be as defined in the latest edition of the Standard Industrial Classification Manual, Executive Office of the President, Bureau of the Budget, on file at the City Hall, if defined therein.

(Ord. 68-128 §5-105(part), 1968).

"Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

(Ord. 68-128 §5-105(part), 1968).

18.04.286 - Intent and purpose.

"Intent and purpose" means that the commission and city council, by the adoption of this title, have made a finding that the health, safety and welfare of the community will be served by the creation of the district and by the regulations prescribed therein.

(Ord. 68-128 §5-105(part), 1968).

"Junk" means any worn out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purposes as readily as when new, shall not be considered "junk."

(Ord. 68-128 §5-105(part), 1968).

"Junkyard" means any lot, or the use of any portion of a lot, for the dismantling of machinery, not including motor vehicles, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials, with no burning permitted. For motor vehicles, see "automobile wrecking yard."

(Ord. 68-128 §5-105(part), 1968).

18.04.292 - Kennel.

"Kennel" means any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not.

(Ord. 68-128 §5-105(part), 1968).

"Kitchen" means any room or area intended or designed to be used or maintained for the cooking, storing and preparation of food.

(Ord. 68-128 §5-105(part), 1968).

18.04.296 - Labor camp, permanent farm.

"Labor camp, permanent farm" means living quarters, dwellings, boarding houses, bunkhouses, automobile trailers or other permanent housing accommodations maintained in connection with any farm work or place where farm work is being performed, provided for the housing of five or more farm employees.

(Ord. 68-128 §5-105(part), 1968).

18.04.298 - Labor camp, temporary farm.

"Labor camp, temporary farm" means living quarters such as tents or automobile trailers temporarily maintained in connection with any farm work or place where farm work is being performed on the premises, provided for the camping of five or more temporary farm employees. Such camp shall be occupied or used for a period not to exceed ninety consecutive days.

(Ord. 68-128 §5-105(part), 1968).

18.04.300 - Landscaping.

"Landscaping" means and includes the original planting of suitable vegetation in conformity with the requirements of this title and the continued maintenance thereof.

(Ord. 68-128 §5-105(part), 1968).

18.04.302 - Loading.

"Loading" means the removal or placement of any commodity in, on or from a vehicle of any type.

(Ord. 68-128 §5-105(part), 1968).

18.04.304 - Loading space.

"Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.

(Ord. 68-128 §5-105(part), 1968).

18.04.306 - Local street or local highway.

"Local street or local highway" means a street or road primarily for service to abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.308 - Lodging house.

"Lodging house" means the same as "boarding house."

(Ord. 68-128 §5-105(part), 1968).

18.04.310 - Lot.

"Lot" means:

A.

A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder; or

B.

A parcel of real property delineated on an approved record of survey, lot split or sub-parceling map as filed in the office of the county recorder or in the City Hall and abutting at least one public street or right-of-way or approved private road right-of-way; or

C.

A parcel of real property containing not less area than required by the district in which it is located, abutting at least one public street or right-of-way or approved private road right-of-way and held under separate ownership from abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.312 - Lot area.

"Lot area" means the total of the area, measured in a horizontal plane, within the lot lines of a lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.314 - Lot, corner.

"Lot, corner" means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred twenty degrees. If the angle is greater than one hundred twenty degrees, the lot shall be considered an "interior lot."

(Ord. 68-128 §5-105(part), 1968).

18.04.316 - Lot, corner, reversed.

"Lot, corner, reversed" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not.

(Ord. 68-128 §5-105(part), 1968).

"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks, and swimming pools, regardless of whether the building or structure is intended for human occupancy.

(Ord. 68-128 §5-105(part), 1968).

18.04.320 - Lot, cul-de-sac.

"Lot, cul-de-sac" means a lot fronting on, or with more than one-half of its lot width fronting on, the turnaround end of a cul-de-sac street.

(Ord. 68-128 §5-105(part), 1968).

18.04.322 - Lot, curve.

"Lot, curve" means a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of two hundred feet or less.

(Ord. 68-128 §5-105(part), 1968).

18.04.324 - Lot depth.

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

(Ord. 68-128 §5-105(part), 1968).

18.04.326 - Lot, interior.

"Lot, interior" means a lot other than a corner lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.328 - Lot line.

"Lot line" means any line bounding a lot as herein defined.

(Ord. 68-128 §5-105(part), 1968).

18.04.330 - Lot line, front.

"Lot line, front" means the property line abutting a street. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.332 - Lot line, rear.

"Lot line, rear" means a lot line, not abutting a street, which is opposite and most distant from the front lot line. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.334 - Lot line, side.

"Lot line, side" means any lot line not a front lot line or rear lot line. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.336 - Lot, nonconforming.

"Lot, nonconforming" means a lot having less area or dimension than that required in the district in which it is located, and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county recorder, which does not abut a public road or public road right-of-way or approved private road right-of-way and which was lawfully created prior to the effective date of this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.338 - Lot of record.

"Lot of record" means a lot held in separate ownership as shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located.

(Ord. 68-128 §5-105(part), 1968).

18.04.340 - Lot, through.

"Lot, through" means a lot having frontage on two dedicated streets, not including a corner or reversed corner lot. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.342 - Lot width.

"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

(Ord. 68-128 §5-105(part), 1968).

18.04.344 - Major street or major highway or county road.

"Major street or major highway or county road" means a highway with intersections at grade and on which partial control of access and geometric design and traffic control measures are used to expedite the safe movement of through traffic. Major streets or major highways or county roads shall be designated on the official general plan of the city.

(Ord. 68-128 §5-105(part), 1968).

18.04.346 - Marquee.

"Marquee" means a permanent roofed structure attached to and supported by the building and projecting over public property.

(Ord. 68-128 §5-105(part), 1968).

18.04.347 - Reserved.

Editor's note— Ord. No. 2017-03, § 3, adopted Nov. 15, 2017, repealed § 18.04.347, which pertained to medical marijuana dispensary and derived from Ord. No. 2009-05, § 3, 1-6-2010.

18.04.348 - Medical office.

"Medical office" means any building or portion of a building used or intended to be used as an office for the practice of any type of medicine, including chiropractic, dentistry or optometry. It shall also include a clinic of a medical or dental nature.

(Ord. 68-128 §5-105(part), 1968).

18.04.350 - Medical or dental clinic.

"Medical or dental clinic" means the same as "medical office."

(Ord. 68-128 §5-105(part), 1968).

"Mobilehome" means a structure, transportable in one or more sections, designed to be used with or without a permanent foundation, which contains not more than one dwelling unit, and which is not a recreational vehicle, commercial coach or factory-built house.

(Ord. 83-06 §1, 1983: Ord. 68-128 §5-105(part), 1968).

18.04.354 - Motel.

"Motel" means a building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels and similar designations.

(Ord. 68-128 §5-105(part), 1968).

"Nonconforming building" means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. See Sections 18.44.010 through 18.44.080 for regulations.

(Ord. 68-128 §5-105(part), 1968).

18.04.358 - Nonconforming use.

"Nonconforming use" means a use lawful when established but which does not conform to subsequently established zoning or zoning regulations. See Sections 18.44.010 through 18.44.080 for regulations.

(Ord. 68-128 §5-105(part), 1968).

18.04.360 - Nursery school.

"Nursery school" means the same as "day nursery."

(Ord. 68-128 §5-105(part), 1968).

18.04.362 - Nursing home.

"Nursing home" means the same as "hospital."

(Ord. 68-128 §5-105(part), 1968).

18.04.364 - Official plan lines.

"Official plan lines" means the same as "highway setback lines."

(Ord. 68-128 §5-105(part), 1968).

18.04.366 - Outdoor advertising.

"Outdoor advertising" means and includes the definitions of "advertising structure" and "sign."

(Ord. 68-128 §5-105(part), 1968).

18.04.368 - Parking area, private.

"Parking area, private" means an area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking provides space for more than four cars.

(Ord. 68-128 §5-105(part), 1968).

18.04.370 - Parking area, public.

"Parking area, public" means an area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.

(Ord. 68-128 §5-105(part), 1968).

"Parking area, residential" means an area, other than a street, located on the subject lot for the parking of vehicles owned by the residents of such lot. Such areas shall be permitted only in the several agricultural districts. All other residential districts shall provide garage or carport facilities.

(Ord. 68-128 §5-105(part), 1968).

"Parking district" means the same as the P district, Chapter 18.30, for purposes of this title. It shall not mean a government parking district maintained by the federal, state, county or city governments.

(Ord. 68-128 §5-105(part), 1968).

18.04.376 - Parking space, automobile.

"Parking space, automobile" means an area, other than a street or alley, reserved for the parking of an automobile, such space having a dimension not less than eight and one-half by twenty feet, plus such additional area as is necessary to afford adequate ingress and egress. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.378 - Parkway.

"Parkway" means an arterial highway with full or partial control of access, and located within a park or ribbon of parklike development.

(Ord. 68-128 §5-105 (part), 1968).

18.04.380 - Patio, covered.

"Patio, covered" means the same as "structure."

(Ord. 68-128 §5-105(part), 1968).

18.04.382 - Person.

"Person" means an individual, firm or co-partnership joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, county, special district or any other group or combination acting as an entity.

(Ord. 68-128 §5-105 (part), 1968).

18.04.384 - Petroleum bulk plant.

"Petroleum bulk plant" means a local wholesale distribution facility designed to serve the needs of the immediate surrounding area.

(Ord. 68-128 §5-105(part), 1968).

"Pharmacy or prescription pharmacy" means a retail store engaged in, and limited to, the sale of prescription drugs, patent medicines and surgical supplies. The sale of magazines, newspapers, books and tobacco products, household appliances, hardware, other sundry goods, or other general merchandise, food or drinks shall not be permitted. Liquor and cosmetics shall not be sold except by prescription.

(Ord. 68-128 §5-105 (part), 1968).

18.04.388 - Place.

"Place" means an open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.390 - Professional office.

"Professional office" means any building or portion of a building used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, doctor, dentist and other similar professions.

(Ord. 97-6 §1, 1997: Ord. 68-128 §5-105(part), 1968).

18.04.392 - Property line.

"Property line" means the same as "lot line."

(Ord. 68-128 §5-105(part), 1968).

18.04.394 - Provisions.

"Provisions" means all regulations and requirements referred to in the text of this code.

(Ord. 68-128 §5-105(part), 1968).

18.04.396 - Quarry.

"Quarry" means any premises from which rock, sand, gravel and similar resources are being removed or are intended to be removed.

(Ord. 68-128 §5-105(part), 1968).

18.04.398 - Quasi-public organizations.

"Quasi-public organizations" means any nongovernment organization that is devoted to public service and welfare.

(Ord. 68-128 §5-105(part), 1968).

18.04.400 - Ramada.

"Ramada" means an arbor or pergola-like structure.

(Ord. 68-128 §5-105(part), 1968).

18.04.402 - Residence.

"Residence" means a building used, designed, or intended to be used as a home or dwelling place, for one or more families.

(Ord. 68-128 §5-105(part), 1968).

18.04.404 - Restaurant.

"Restaurant" means any building or structure in which food and drinks are prepared for service to customers within such structure.

(Ord. 68-128 §5-105(part), 1968).

18.04.406 - Rest home or home for the aged.

"Rest home or home for the aged" means premises used for the housing of and caring for the ambulatory, aged, or infirm, which premises require a license from the state or county. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.408 - Retail store.

"Retail store" means a business selling goods, wares or merchandise directly to the ultimate consumer.

(Ord. 68-128 §5-105(part), 1968).

18.04.410 - Rezoning.

"Rezoning" means the same as "zoning district, change of."

(Ord. 68-128 §5-105(part), 1968).

18.04.412 - Road.

"Road" means the same as "street."

(Ord. 68-128 §5-105(part), 1968).

18.04.414 - Room.

"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.

(Ord. 68-128 §5-105(part), 1968).

18.04.416 - Rooming house.

"Rooming house" means the same as "boarding house."

(Ord. 68-128 §5-105(part), 1968).

"Sanitarium" means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotics addicts.

(Ord. 68-128 §5-105(part), 1968).

18.04.420 - School, elementary, junior high or high.

"School, elementary, junior high or high" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education.

(Ord. 68-128 §5-105(part), 1968).

18.04.422 - School, private.

"School, private" means an institution conducting regular academic instruction at kindergarten, elementary and secondary levels, operated by a nongovernmental organization.

(Ord. 68-128 §5-105(part), 1968).

"School, trade" means schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians' schools and similar commercial establishments operated by a nongovernmental organization.

(Ord. 68-128 §5-105(part), 1968).

18.04.426 - Separate ownership.

"Separate ownership" means ownership of a parcel of land by a person who does not own any of the land abutting such parcel.

(Ord. 68-128 §5-105(part), 1968).

18.04.428 - Service station.

"Service station" means the same as "automobile service station."

(Ord. 68-128 §5-105(part), 1968).

18.04.430 - Setback line, front yard.

"Setback line, front yard" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established.

(Ord. 68-128 §5-105(part), 1968).

18.04.432 - Setback line, highway.

"Setback line, highway" means the same as "highway setback line."

(Ord. 68-128 §5-105(part), 1968).

18.04.434 - Setback line, rear yard or side yard.

"Setback line, rear yard or side yard" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.

(Ord. 68-128 §5-105(part), 1968).

18.04.436 - Shall and may.

"Shall" is mandatory, and "may" is permissive.

(Ord. 68-128 §5-104(J), 1968).

18.04.438 - Sign.

"Sign" means any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services, upon which the sign is exhibited.

This definition does not include official notices issued by a court or public body or officer or directional, warning or information signs or structures required by or authorized by law or by federal, state, county or city authority.

(Ord. 68-128 §5-105(part), 1968).

18.04.440 - Site plan.

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See Chapter 18.40 of this code for requirements.

(Ord. 68-128 §5-105(part), 1968).

18.04.442 - Site plan review.

"Site plan review" means the review by the commission of a site plan and other studies to assist the commission to determine the manner in which the applicant intends to make use of his property.

(Ord. 68-128 §5-105(part), 1968).

"Slope" means a natural or artificial incline, as a hillside or terrace. "Slope" is usually expressed as a ratio: for example, a horizontal distance of one hundred feet with a rise of fifty feet would be expressed as a 2:1 slope. (See also "grade" and "top and toe of slope.")

(Ord. 68-128 §5-105(part), 1968).

"Sorority" means a building or structure housing a group of women associated for their common interest. Such group may eat, sleep and otherwise use such facilities as are provided on the premises.

(Ord. 68-128 §5-105(part), 1968).

18.04.447 - Specified and anatomical areas.

"Specified and anatomical areas" means human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered. The term also includes human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Ord. 68-128 §5-105(part), 1968).

18.04.447-1 - Specified sexual activities.

"Specified sexual activities" means any of the following:

A.

Human genitals in a state of sexual stimulation or arousal;

B.

Acts of human masturbation, sexual intercourse, sodomy, bestiality, cunnilingus, fellatio, necrophilia, pedophilia, coprophagy or coprophilia; or

C.

Fondling or other erotic touching of the human genitals, public region, buttock or female breast.

(Ord. 85-19 §1(part), 1985).

18.04.448 - Stable, private.

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

(Ord. 68-128 §5-105(part), 1968).

18.04.450 - Stable, public.

"Stable, public" means a stable other than a private stable.

(Ord. 68-128 §5-105(part), 1968).

18.04.452 - State.

"State" means the state of California.

(Ord. 68-128 §5-104(K), 1968).

18.04.454 - Story.

"Story" means a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.

(Ord. 68-128 §5-105(part), 1968).

18.04.456 - Story, one-half.

"Story, one-half" means the same as "half-story."

(Ord. 68-128 §5-105(part), 1968).

18.04.458 - Street.

"Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other through-fare except as excluded in this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.460 - Street centerline.

"Street centerline" means the centerline of a street right-of-way as established by official surveys.

(Ord. 68-128 §5-105(part), 1968).

18.04.462 - Street line.

"Street line" means the boundary line between street right-of-way and abutting property.

(Ord. 68-128 §5-105(part), 1968).

18.04.464 - Street, local.

"Street, local" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a major or secondary highway or major traffic street on the general plan of the city.

(Ord. 68-128 §5-105(part), 1968).

18.04.466 - Street, side.

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

(Ord. 68-128 §5-105(part), 1968).

"Structural alteration" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls or similar components.

(Ord. 68-128 §5-105(part), 1968).

18.04.470 - Structure.

"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts and similar recreation areas.

(Ord. 68-128 §5-105(part), 1968).

18.04.472 - Structure, advertising.

"Structure, advertising" means the same as "advertising structure."

(Ord. 68-128 §5-105(part), 1968).

"Structure, temporary" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety consecutive days. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.476 - Supermarket.

"Supermarket" means a market having ten thousand or more square feet of floor area devoted principally to the sale of food.

(Ord. 68-128 §5-105(part), 1968).

18.04.478 - Swimming pool.

"Swimming pool" means any permanent structure containing a body of water intended for recreational uses, and includes wading pools.

(Ord. 68-128 §5-105(part), 1968).

18.04.479 - Temporary caretaker office/unit.

"Temporary caretaker office/unit" means a unit to provide office space and living purposes solely for the store management personnel. This unit is considered temporary with an approved conditional use permit valid for a maximum of three years.

(Ord. 93-07 §1, 1993).

18.04.480 - Toe of slope.

"Toe of slope" means that point or line of initial break where the terrain changes to an upward direction or downward direction.

(Ord. 68-128 §5-105(part), 1968).

18.04.482 - Tourist court.

"Tourist court" means the same as "motel."

(Ord. 68-128 §5-105(part), 1968).

18.04.484 - Trading area.

"Trading area" means the area served by an existing commercial development or to be served by the proposed commercial development and from which the development draws its support.

(Ord. 68-128 §5-105(part), 1968).

"Trailer, automobile" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.

(Ord. 68-128 §5-105(part), 1968).

"Trailer coach" means any camp car, trailer or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and designed or used for human habitation.

A.

A dependent trailer coach is one not equipped with a toilet for sewage disposal.

B.

An independent trailer coach is one equipped with a toilet for sewage disposal.

(Ord. 68-128 §5-105(part), 1968).

"Trailer court" or "trailer park" means a space, area or building designed, equipped or maintained for the harboring, parking or storing of two or more trailer coaches, or house cars which haul such trailer coaches, or house cars being used as living or sleeping quarters for humans.

(Ord. 68-128 §5-105(part), 1968).

18.04.492 - Trailer, residential.

"Trailer, residential" means the same as "trailer coach," and shall be used for human habitation only.

(Ord. 68-128 §5-105(part), 1968).

"Truck service station" means an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "automobile service station."

(Ord. 68-128 §5-105(part), 1968).

18.04.496 - Truck and trailer sales lot.

"Truck and trailer sales lot" means an open area where trucks or trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.

(Ord. 68-128 §5-105(part), 1968).

"Unit planned development" means a residential development under one ownership which is designed and built as a planned unit by such one ownership.

(Ord. 68-128 §5-105(part), 1968).

18.04.500 - Urban area.

"Urban area" means any land which is included in the R-1, R-2, R-3, T-P, C-P, C-4, C-5 and/or M-1 districts.

(Ord. 68-128 §5-105(part), 1968).

18.04.502 - Urban lot.

"Urban lot" means any lot which lies, in whole or in part, within the boundaries of an urban area, as defined above.

(Ord. 68-128 §5-105(part), 1968).

"Used" includes the words "arranged for, designed for, occupied or intended to be occupied for."

(Ord. 68-128 §5-104(L), 1968).

"Used materials yard" means any lot or portion of any lot used for the storage of used materials. This shall not include "junkyards" or "automobile wrecking yards."

(Ord. 68-128 §5-105(part), 1968).

18.04.508 - Utility easement.

"Utility easement" means the same as "easement."

(Ord. 68-128 §5-105(part), 1968).

18.04.510 - Visual obstruction.

"Visual obstruction" means any fence, hedge, tree, shrub, wall or structure exceeding three feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of seven feet.

(Ord. 68-128 §5-105(part), 1968).

18.04.512 - Wading pools.

"Wading pools" means the same as "swimming pools."

(Ord. 68-128 §5-105(part), 1968).

18.04.514 - Wall.

"Wall" means any structure or device forming a physical barrier, which is so constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. The special standards of Sections 18.32.060 through 18.32.340 shall apply.

(Ord. 68-128 §5-105(part), 1968).

18.04.516 - Warehousing.

"Warehousing" means a building or buildings used for the storage of goods of any type, when such building or buildings contains more than five hundred square feet of storage space, and where no retail operation is conducted. Also see "wholesaling."

(Ord. 68-128 §5-105 (part), 1968).

"Water supply, private" means a water supply provided by a publicly-owned corporation or a private organization which has a permit to serve two or more dwelling units or abutting properties.

(Ord. 68-128 §5-105(part), 1968).

18.04.520 - Wholesaling.

"Wholesaling" means the selling of any type of goods for the purpose of resale.

(Ord. 68-128 §5-105(part), 1968).

18.04.522 - Yard.

"Yard" means any open space on the same lot with a building or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for the projections or accessory buildings or structures permitted by this title.

(Ord. 68-128 §5-105(part), 1968).

18.04.524 - Yard, front.

"Yard, front" means a space between the front yard setback line and the front lot line or highway setback line, and extending the full width of the lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.526 - Yard, rear.

"Yard, rear" means a space between the rear yard setback line and the rear lot line, extending the full width of the lot.

(Ord. 68-128 §5-105(part), 1968).

18.04.528 - Yard, side.

"Yard, side" means a space extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.

(Ord. 68-128 §5-105(part), 1968).

18.04.530 - Zone.

"Zone" means the same as "district."

(Ord. 68-128 §5-105(part), 1968).

18.04.532 - Zone map.

"Zone map" means the official zone map of the city.

(Ord. 68-128 §5-104(M), 1968).

18.04.534 - Zoning district.

"Zoning district" means the same as "district."

(Ord. 68-128 §5-105(part), 1968).

"Zoning district, change of" means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the zone map of the city.

(Ord. 68-128 §5-105(part), 1968).

"Zoning ordinance" or "ordinance" means the comprehensive zoning ordinance of the city.

(Ord. 68-128 §5-104(N), 1968).

Chapter 18.06 - DISTRICTS

Sections:

The official zone map for Parlier, California, consists of one map on file at the City Hall. Upon this map is shown each zone district. Said map is adopted and made part of this title.

(Ord. 68-128 §5-202 (1), 1968).

A.

Where indicated, district boundaries are approximately street, alley or lot lines. Said lines are determined to be the boundaries of the district. Otherwise, the boundaries shall be determined by the dimensions shown on the "official zone map." In the absence of a dimension, the boundary shall be determined by use of the scale shown on the map.

B.

A street, alley, railroad or railway, right-of-way, watercourse, drainage channel or body of water included on the zone map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof, and where such street, alley, watercourse, drainage channel or body of water serves as a boundary between two or more different zoning districts, the centerline of such right-of-way, watercourse, channel or body of water shall be considered the boundary between zoning districts.

C.

In the event that a vacated street, alley, right-of-way or easement was the boundary between two districts, the new zoning district boundaries shall be at the new property line.

D.

Where uncertainties exist, the commission shall, by written decision, determine the location of the district boundary.

(Ord. 68-128 §5-202(2), 1968).

The original of the official zone map shall be kept on file in the office of the city clerk of the city.

(Ord. 68-128 §5-202(3), 1968).

The city clerk shall keep a record of all amendments to the zoning map. Upon filing of the amendments, a new zone map shall be prepared showing the changes or amendments enacted.

(Ord. 68-128 §5-202(4), 1968).

Chapter 18.10 - ANNEXED AREAS

Sections:

A.

There shall be provided within the C-P district a minimum of one square foot of parking area for each one square foot of gross floor area. Standards of the general conditions, Section 18.32.140, shall apply.

B.

Parking for residential uses within the C-P district, Section 18.16.150 of the R-2 district and Section 18.32.140 of the general conditions shall apply.

(Ord. 68-128 §5-219.5(I), 1968).

A.

Access to all off-street parking areas shall be from a dedicated and improved street, service road or alley. The design of the access shall be approved by the city.

B.

There shall be no vehicular access to residential property from a county road or a major highway which is shown on the city's general plan.

C.

If vehicular access is via a driveway parallel to a side line, there shall be an access from the street to alley for both pedestrians and vehicles. The access shall be ten feet to the building line.

D.

If vehicular access to a lot is via an alley, there shall be a pedestrian access way five feet wide from alley to street.

(Ord. 68-128 §5-219.5(J), 1968).

18.22.170 - Outdoor advertising.

A.

Section 18.24.160 shall apply. (See C-4 district.)

B.

For other outdoor advertising uses, the R-1 district provisions, Section 18.14.160, shall apply.

(Ord. 68-128 §5-219.5(K), 1968).

---

---

C. Other permitted buildings or uses

---

D.

A minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.

E.

When loading space abuts any alley or one-half the alley, the width of the lot can be considered as part of the loading space.

(Ord. 68-128 §5-219.5(L), 1968).

18.22.190 - Site plan review.

A site plan must be submitted to the planning commission for its approval before any building is erected on any lot within the C-P district. The provisions of Chapter 18.40 shall apply.

(Ord. 68-128 §5-219.6, 1968).

Chapter 18.24 - C-4 DISTRICT—CENTRAL TRADING DISTRICT

Sections:

18.24.010 - Intent.

The C-4 district has been set forth to serve as the central trading area of the community.

(Ord. 68-128 §5-223, 1968).

18.24.020 - Uses permitted—Generally.

The following uses shall be permitted in the C-4 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.24.060 through 18.24.170.

A.

Retail:

Appliance store;

Antique shop;

Bakery;

Clothing;

Confectionery (candy) with some manufacturing; Dress shop; Drug store; Department store; Furniture store, new and used; Food store; Food markets; Hobby shop; Hardware store; Jewelry store; Liquor store; Musical instruments; Notions; Pet shop; Pool hall; Plants; Stationery stores; Variety store. B. Services Accounting office; Bank and financial institution; Barber and beauty shops;

Building and loan shops;

Bus depot;

Communication equipment building;

Employment agency or halls;

Garden supply; Insurance office; Libraries and reading rooms; Medical offices; Medical, dental and optical laboratories;

Newspaper printing; Post office;

Printing shop (blueprint, lithographing, publishing);

Photographic supplies; Professional officials; Reducing salons; Real estate offices;

Restaurants (provided that no alcoholic beverages shall be consumed on the premises);

Self-service laundries;

Shoe shine parlor;

Shoe stores (including repair);

Super drugs;

Supermarkets;

Taxi stand;

Television and Radio sales and repair;

Tire sale;

Toy store;

Upholstery shop.

C.

Others:

Adult uses;

Apartments (four unit minimum, no duplexes);

Apartment-hotels;

Auto motels;

Bowling alleys;

Hotels;

Lodges;

Meeting halls;

Motels;

Movie theaters;

Signs.

(Ord. 85-19 §2, 1985; Ord. 84-05 §§1, 2, 3, 1984; Ord. 68-128 §5-223.1, 1968).

18.24.030 - Uses permitted-Subject to commission review and approval.

Uses subject to commission review and approval in the C-4 district are as follows:

Automobile parts sales (new);

Automobile sales with incidental service and repair (any service and repair shall be conducted within an enclosed building);

Automobile parking lots (subject to property development standards, Sections 18.24.060 through 18.24.170), and Sections 18.24.140 and 18.32.140, (parking standards);

Cleaners;

Drive-in cafe or restaurant;

Ice and food dispensing machines;

Used car lots.

(Ord. 68-128 §5-223.2, 1968).

18.24.040 - Uses permitted-Subject to conditional use permit.

Uses subject to conditional use permit in the C-4 district are as follows:

Art foundry/studio;

Art foundry/studio apartment;

Automobile repair (conducted within an enclosed building);

Mortuaries;

Pool halls;

Restaurants (with alcoholic beverages sold or consumed on premises); provided, that no such use shall be located within two hundred feet of a residential district; provided, however, that such use may be permitted within two hundred feet of a residential district subject to the following conditions, and such other conditions as the council finds necessary to mitigate the effect of such use on neighboring residential zone districts: that the operator of such use may operate with and only with a type 41 ABC license (beer and wine on sale-public eating place), that no more than ten percent of the gross income generated from such use shall be directly attributable to the sale of alcoholic beverages, that the owner of such use shall render quarterly reports to the city showing gross income, including income attributable to the sale of alcoholic beverages, that audible noise from the premises shall not be heard from outside the external walls of such premises, and that the operator of such use shall not apply for a license from ABC other than a category 41 license;

Sale of secondhand goods or used clothing (all goods stored, displayed and sold shall be within an entirely enclosed building);

Swap shops;

Tortilla sales and factory (handmade);

Video arcades;

Wood cabinet and furniture manufacturing, to be considered a temporary use with an approved permit valid for a maximum of two years.

(Ord. 92-05 §2, 1992: Ord. 89-07 §2, 1990: Ord. 88-04, 1988; Ord. 86-4 §1, 1986: Ord. 84-05 §6, 1984; Ord. 83-11 §l(part), 1983; Ord. 68-128 §5-223.1, 1968).

The general conditions, where applicable, shall apply in all districts.

(Ord. 68-128 §5-301, 1968).

18.32.020 - Uses permitted—Generally—Exemptions.

The following regulations shall apply to uses permitted in this title:

A.

Uses Listed as Permitted.

1.

Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes listed as permitted in the district in which such building or land is located, and then only after applying for and securing all permits and licenses required by law and this code.

2.

Any use already established within an area when it is first zoned but which is not a permitted use within such district or is a permitted use only with a conditional use permit shall be allowed to continue therein as a nonconforming use subject to all conditions and restrictions relating to nonconforming uses as provided in Chapter 18.44.

B.

Uses not Listed as Permitted.

1.

It is recognized that, in the development of a comprehensive zoning title:

a.

Not all uses of land can be listed, nor can all future uses be anticipated; or

b.

A "use" may have been omitted from the list of those specified as permissible in each of the various districts herein designated; or

c.

Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.

Hence, the phrase, "plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare," appears in "uses permitted" in each district.

2.

For procedure for uses which are not listed as permitted, the provisions of Chapter 18.34 shall apply.

(Ord. 68-128 §5-302, 1968).

18.32.030 - Uses permitted—Subject to commission review and approval.

Certain uses listed in the districts are permitted only when subject to review and approval by the commission. Buildings, structures and land shall be used, designed, erected, structurally altered, or enlarged for the purpose so listed in the district in which such building or land is located only after review and approval by the commission as herein provided, and after applying for and securing all necessary permits and licenses. For procedure, the provisions of Chapter 18.36 shall apply.

(Ord. 68-128 §5-303, 1968).

Certain uses listed in the districts are permitted only when subject to conditional use permit. Such uses shall be subject to all applicable property development standards of the district in which they are to be located. Any such use may be subject to the submission of a site plan.

A.

Uses listed in the districts as permitted subject to conditional use permit are permitted subject to the procedures of Chapter 18.38.

B.

In addition, the following uses may be permitted pursuant to this section in any district except where expressly prohibited, when such uses are recommended by the commission and deemed by the council to be essential and desirable for the public welfare and convenience, and when such uses are in conformity with the general plan and its objective, subject to the procedures of Chapter 18.38:

1.

Airport or aircraft landing facilities;

2.

Cemeteries;

3.

Convents and Rectories, when connected with other religious institutions such as schools or churches;

4.

Development of Natural Resources, including borrow pits and quarries, with necessary buildings, apparatus, or appurtenances thereto;

5.

Golf courses and driving ranges;

6.

Hospitals;

Oil wells and appurtenant facilities;

8.

Radio or television antennas and transmitters (Commercial);

9.

Stadia;

10.

Governmental facilities;

11.

Public utility and public services and water well structures, uses and buildings, except as otherwise provided in this title;

12.

In residential districts, large-scale housing developments on sites not less than five acres in area subject to the population density standards of the district in which such facility is proposed to be located;

13.

Rest homes and homes for the aged, subject to the population density standards of the district in which such facility is proposed to be located. For this purpose, the resident family and each four persons residing in such home shall each be counted as one family in determining the required lot area.

(Ord. 68-128 §5-304, 1968).

Specific uses of land, buildings and structures listed as prohibited in each district, are hereby declared to be detrimental to the public health, safety and welfare and are, for said reason, expressly prohibited.

The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only.

(Ord. 68-128 §5-305, 1968).

18.32.060 - Property development standards—Lot area.

A.

After May 4, 1968, no building or structure, or enlargement of a building or structure, shall be located on a lot unless it conforms to the regulations of the district.

B.

After May 4, 1968, each parcel of land containing five acres or less shall be one lot within each zone, the density (number of buildings on each parcel) shall be complied with, and a subdivision tract map or a record of survey map shall be recorded with the county recorder.

C.

In compliance with this title, the required open or yard space of an existing building shall not be used or calculated for the area or space of a building to be erected.

D.

In compliance with this title, designated parking areas, parking spaces, and loading spaces shall not be reduced in number; but if the spaces are reduced on a parcel, equivalent facilities and spaces will be furnished, at a location designated by the planning commission.

E.

After the effective date of any ordinance by which any area is first zoned for any district, no land in such district may be divided, by the recordation of any map or by voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership, which consists of less than the minimum lot area required for the district of which such lot is a part. Provided, however, that a tolerance of ten percent shall be allowed as to the requirement when the parcel so created is irregular in shape.

F.

Any person participating in such division in violation of this section, whether as seller, grantor, purchaser, or grantee, shall as principal in the transaction be guilty of a misdemeanor. Any deed or conveyance, sale or contract to sell made contrary to the provision of this paragraph is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in solvency or bankruptcy within one year after the date of execution of the deed or of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his assignee, heir or divisee.

(Ord. 68-128 §5-306(A), 1968).

As prescribed in each zoning district, every lot shall have a minimum width and depth. Where a lot was recorded under one ownership before May 4, 1968, and the lot is less than the required width and depth, the lot may be used, if all other property development standards are adhered to.

(Ord. 68-128 §5-306(B), 1968).

Density regulations of each district shall apply.

(Ord. 68-128 §5-306(C), 1968).

All buildings erected, or existing buildings which shall be altered or enlarged, shall comply with the height regulations of the district in which they are located.

(Ord. 68-128 §5-306(D), 1968).

18.32.100 - Property development standards—Setback and yard requirements—Unit planned development.

A.

Yards.

1.

In measuring a front yard or side yard, it shall be the perpendicular distance between the public property line and the face of the building.

2.

The yard requirements as set forth in the district shall apply with the addition of the following:

a.

Churches, schools and institutions at property boundaries: No building shall be erected or altered, unless such buildings, when fronting on a street, shall have a front yard no less than that set forth in the zone district in which the building is to be erected or altered. Side and rear yards may be used for off-street parking providing a masonry wall is placed on the property line abutting the parking. For required wall height see zone district in which building is located.

b.

Official plan lines shall be established by the street and highway element of the general plan.

c.

Rear yards for single lots: When single lots are part of an existing partially built-up block, the setbacks for the rear part of a lot may be less than required, provided written consent is given from the abutting property owners, site plan review Chapter 18.40 is adhered to, and the rear yard shall be no less than the side yard requirement of the zone district.

B.

Unit Planned Development.

In multiple family residential districts, building heights, yards, spaces between buildings, fences, hedges, walls and signs need not meet the specific code requirements, provided the planning commission and the city council make findings that a more functional and desirable use of the property is made by a unit planned development and it will have no adverse effect on abutting property or the permitted use thereof.

2.

In multiple family residential districts, on a parcel in excess of ten acres, a unit planned development may contain commercial and professional uses as an integrated part of such a residential development, but such uses shall be designed for the exclusive service and convenience of the residents within the unit planned development, and provided there shall be no entrance to such commercial and professional uses except from the inside of the building in which they are located, and provided there is no advertising material of such uses visible from the outside of such building.

(Ord. 68-128 §5-306(E), 1968).

18.32.110 - Property development standards—Space between buildings.

See each district for requirements.

(Ord. 68-128 §5-306(F), 1968).

18.32.120 - Property development standards—Lot coverage.

See each district for requirements.

(Ord. 68-128 §5-306(G), 1968).

18.32.130 - Property development standards—Fences, hedges and walls.

See each district for requirements. Nothing in this section shall reduce the requirements established for security fencing by either local, state or federal law or by safety requirements of the board of education.

(Ord. 68-128 §5-306(H), 1968).

18.32.140 - Property development standards—Off-street parking—Generally.

A.

Off-street parking, see each district for specific requirements.

1.

Parking shall be provided at the time a new building is erected or an existing building is altered. The parking area size and number of stalls shall be maintained as long as the main building remains.

2.

After May 4, 1968, no existing main building will be altered on a lot unless the parking requirements are provided. (See parking requirements for each district).

3.

In calculating the area needed for parking, the ingress and egress system shall be part of the total area.

4.

All motor vehicles that cannot be moved under their own power, other than in case of emergency, shall be stored in an entirely enclosed space or carport, in any residential district.

5.

No house trailer shall be stored or parked in any residential district, except in a rear yard enclosed by a solid wall or fence not less than five nor more than six feet in height, or in an entirely enclosed area.

B.

Nonresidential Requirements.

1.

Bowling alleys: Provide five parking spaces for each alley.

2.

For places of assembly (theaters, libraries, meeting halls and churches): Within the main meeting hall, one parking space for every forty square feet of floor area or one parking space for five permanent seats, whichever is the greater number of spaces. For meeting areas without the use of buildings, one parking space for every five persons normally attending will be required.

3.

Dance halls: One parking space for every fifty square feet of floor area used for dancing, or one space for every one hundred square feet of gross floor area, whichever provides the greater number of spaces.

(Ord. 68-128 §5-306(I), 1968).

18.32.150 - Property development standards—Off-street parking—Parks and playgrounds.

There shall be one parking space for every eight thousand square feet of active recreational area.

(Ord. 68-128 §5-306(J), 1968).

18.32.160 - Property development standards—Off-street parking—Public and private schools.

Schools shall provide spaces as follows:

A.

Elementary: One parking space for each employee and faculty member;

B.

Junior high: One parking space for each employee and faculty member;

C.

Schools having auditoriums or places of assembly: See places of assembly Section 18.32.140 B 2 above for parking requirements;

D.

Parking areas shall be located on school property.

(Ord. 68-128 §5-306(K), 1968).

18.32.161 - Property development standards—Off-street parking—Restaurants and bars.

Restaurants and bars shall provide parking spaces as follows:

A.

For bars and restaurants having less than one thousand square feet of gross floor area, there shall be one parking space for each two hundred square feet.

B.

For bars and restaurants having less than four thousand square feet of gross floor area, there shall be one parking space for each one hundred square feet.

C.

For bars and restaurants having four thousand square feet or more of gross floor area, there shall be forty parking spaces plus one for each fifty square feet in excess of four thousand square feet.

(Ord. 84-08 §2, 1984; Ord. 84-05 §7, 1984).

18.32.170 - Property development standards—Off-street parking—Maintenance of areas.

All parking areas shall be graded, surfaced and drained in accordance with city standards, and shall thereafter be maintained in good condition. Access lanes, parking stalls and ingress and egress systems shall be clearly marked, including directional arrows to guide internal movement. Wheel stops shall be provided. Parking stalls shall be so arranged that the backing-out movement shall not be onto major streets and highways, or backing onto any pedestrian access way.

(Ord. 68-128 §5-306(L), 1968).

18.32.180 - Property development standards—Access.

See each zone for its requirements.

(Ord. 68-128 §5-306(M), 1968).

18.32.190 - Property development standards—Outdoor advertising.

See each zone for requirements.

(Ord. 68-128 §5-306(N), 1968).

18.32.200 - Property development standards—Loading spaces.

See each zone for requirements.

(Ord. 68-128 §5-306(O), 1968).

18.32.210 - Property development standards—Borrow pit use.

The use of a borrow pit shall be required to refill, replace and reclaim such a pit in a manner satisfactory to the commission.

(Ord. 68-128 §5-306(P), 1968).

18.32.220 - Property development standards—Cabanas.

Cabanas shall not be permitted in any district other than the T-P district.

(Ord. 68-128 §5-306(Q), 1968).

18.32.230 - Property development standards—Dairy drive-ins.

Adequate ingress, egress and waiting areas shall be provided on the subject lot. All activities, other than actual delivery of the merchandise to the consumer, shall be conducted within an entirely enclosed building.

(Ord. 68-128 §5-306(R), 1968).

The number of children permitted in a day nursery shall be limited by the regulations for the district in which such nursery is located, but in all cases such number shall be in addition to the children of the resident family.

(Ord. 68-128 §5-306(S), 1968).

18.32.250 - Property development standards—Drive-in movies and restaurants.

Adequate waiting area, parking, and ingress and egress to such parking, shall be provided on the subject lot.

(Ord. 68-128 §5-306(T), 1968).

A driveway shall be paved with asphalt, concrete or other material approved by the commission, having not less than ten feet in width, and not encumbered by any properties to a height under eight feet above the ground.

(Ord. 68-128 §5-306(U), 1968).

No building or structure shall be constructed which may be in conflict with an easement.

(Ord. 68-128 §5-306(V), 1968).

Fence materials may include wire mesh, steel mesh, chain link, louvered glass, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure.

(Ord. 68-128 §5-306(W), 1968).

A greenhouse shall be classified as a building for determining lot coverage. The property development standards of the district shall apply if such structure exceeds the permitted fence height for the district or if such structure exceeds one hundred square feet in area.

(Ord. 68-128 §5-306(X), 1968).

18.32.300 - Property development standards—Lot lines.

A.

Lot line, front:

1.

On an interior lot, the front lot line is the property line abutting the street.

2.

On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street.

3.

On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the commission shall determine which property line or lines shall be the front lot line or lines for purposes of compliance with yard and setback provisions of this code.

B.

Lot line, rear: In the case of an irregular, triangular, or goreshaped lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.

C.

Lot line, side: On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines.

D.

Lot line, through: For "through lots," the commission shall determine which frontage or frontages shall be considered as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provisions of this title.

(Ord. 68-128 §5-306(Y), 1968).

18.32.310 - Property development standards—Automobile parking space.

Where ten or more automobile parking spaces are to be grouped as a common facility, the individual car spaces plus the area necessary for driveways shall total not less than three hundred fifty square feet per car space.

(Ord. 68-128 §5-306(Z), 1968).

18.32.320 - Property development standards—Rest homes and homes for the aged.

There shall be only incidental convalescent care not involving a physician residing on the premises of any rest home. There shall be no surgery or other similar activities such as are customarily provided in sanatoriums or hospitals.

(Ord. 68-128 §5-306(Z)(part), 1968).

18.32.330 - Property development standards—Temporary structures.

A temporary structure shall be subject to all applicable property development standards for the district in which it is located.

(Ord. 68-128 §5-306(Z)(part), 1968).

18.32.340 - Property development standards—Wall materials.

Wall materials shall include concrete, concrete block, brick, masonry or any other similar materials that are solids and are so assembled as to form a solid barrier.

(Ord. 68-128 §5-306(Z)(part), 1968).

Where forty percent of a block is built up or subdivided, and the block is already subdivided to lot size and area less than required by this title or its zone, the lot area may be reduced by ten percent with the review and approval of a site plan and by the commission.

(Ord. 68-128 §5-309, 1968).

18.32.360 - New construction and uses—Certificate and permit required.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, enlarge or use any building, structure, or improvements or use of premises located in any district described in this title contrary to the provisions of this title. A certificate of occupancy and building permit from the city, if required, shall be obtained before said new construction or new uses may proceed.

(Ord. 68-128 §5-310, 1968).

The buildings and uses of all buildings, improvements and premises existing as of May 4, 1968, and not in conformity with the standards or requirements of the land use district in which they are located under this title and its accompanying maps, and which uses were legal, or uses for which permits, variances, or conditional exceptions were granted under previous zoning ordinances, may continue as nonconforming uses or variances and are subject to the provisions regulating such nonconforming uses or variances and subject to the conditions under which the uses were originally permitted.

(Ord. 68-128 §5-311, 1968).

When yards are required abutting major and secondary streets and highways and traffic collector streets, the yards shall be measured from the right-of-way line of their general plan width. Where yards are not required, the building shall be located on or to the rear of the street or highway right-of-way line.

(Ord. 68-128 §5-312, 1968).

18.32.390 - Certificate of occupancy required when—Contents—Record keeping.

The following conditions shall apply to all buildings and uses, with the exceptions as indicated in Sections 18.32.360 and 18.32.370:

A.

For Use of Buildings.

1.

No building altered, enlarged, moved or changed shall be used or occupied until a certificate of occupancy has been issued by the city. Such certificate shall be applied for where the building permit is requested, but the certificate of occupancy shall not be issued until the building enlargements or alterations have been completed, in conformity with the provisions of the title and with an approved site plan.

2.

Any use legally occupying an existing building as of May 4, 1968, may continue, but shall not be changed unless a certificate of occupancy for the new uses shall have been issued by the city after finding that such uses conform to this title.

B.

Vacant Land. Before any vacant land is used or the existing use is changed, a certificate of occupancy shall be issued by the city, provided such use is in conformity with the provisions of this title. However, if the land is being used for growing of farm, garden or orchard products, no certificate of occupancy shall be required.

C.

Contents of Certificate. The certificate of occupancy shall state that the building or proposed use of a building or land has complied with all laws and codes, including the provisions of this title, and with an approved site plan and any conditions required by the commission or council relative to the proposed building or use.

D.

Record. A record of all certificates of occupancy shall be kept on file in the office of the city clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.

(Ord. 68-128 §5-313, 1968).

Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion or alteration of any building, or any addition to any building, a permit shall be secured from the city by any owner or his agent for the work, and it is unlawful to commence any work until and unless such permit shall have been obtained. Provided, further, that no such building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, is first obtained from the city or person vested with the duty or authority to issue same.

Each application for a building permit shall be made on a printed form to be obtained at the City Hall and shall be accompanied by accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the city may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be kept in the office of the city clerk.

(Ord. 68-128 §5-314, 1968).

A.

All departments, officials or public employees vested with the duty or authority to issue permits, licenses or certificates of occupancy, where required by law, shall conform to the provisions of this title. Any permit, license or certificate, if issued in conflict with the provisions hereof, shall be null and void.

B.

Compliance by City. The provisions of the title shall apply to all buildings, improvements, lots and premises owned, leased, operated or controlled by the city or any department thereof, or by any other governmental agency excepting the federal or state governments.

(Ord. 68-128 §5-315, 1968).

Editor's note— Ord. No. 2017-03, § 4, adopted Nov. 15, 2017, repealed § 18.32.420, which pertained to prohibited uses and derived from Ord. No. 2009-05, § 4, 1-6-2010.

Chapter 18.33 - SMOKE SHOPS AND SMOKING LOUNGES

Sections: