Santa Ana Municipal Code § 41-158 Studio

The words and phrases, whenever used in this chapter, shall be construed as defined in this division, unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. The words used in the present tense include the future tense, and words in the singular number include the plural number.

(Code 1952, § 9210; Ord. No. NS-455, § 1, 6-20-60)

Editor's note— Ord. No. NS-2986, § 3, adopted April 7, 2020, repealed § 41-11.1. Former § 41-11.1 pertained to accessory dwelling units and derived from Ord. No. NS-2940, § 3, adopted April 3, 2018.

An accessory structure or building is a detached building or structure, part of building or structure that is incidental or subordinate to the main building, structure or use on the same lot or parcel of land, without cooking facilities and is used exclusively by the occupant of the main building.

(Code 1952, § 9210.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1036, § 1, 9-8-70; Ord. No. NS-1395, § 1, 12-12-77; Ord. No. NS-2803, § 2, 6-21-10)

Editor's note— Ord. No. NS-2803, § 2, adopted June 21, 2010, changed the title of section 41-12 from "Accessory building" to "Accessory structure or building."

An adult day care facility is a facility that provides nonmedical care to persons eighteen (18) years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis, as currently defined by California Health and Safety code section 1502(a)(2), as it may be amended from time to time.

(Ord. No. NS-2446, § 3, 9-18-00)

Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.2 which pertained to adult entertainment business and derived from Ord. No. NS-1395, § 3, adopted Dec. 12, 1977; and Ord. No. NS-2209, § 1, adopted Dec. 20, 1993.

Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.3 which pertained to adult motels and derived from Ord. No. NS-1395, § 4, adopted Dec. 12, 1977; and Ord. No. NS-2209, § 2, adopted Dec. 20, 1993.

Editor's note— Ord. No. NS-2373, § 3, adopted Dec. 7, 1998, repealed § 41-12.4 which pertained to adult theater and derived from Ord. No. NS-2209, § 3, adopted Dec. 20, 1993.

An alley is any public or private thoroughfare for the use of pedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in width, and which affords only a secondary means of access to abutting properties.

(Code 1952, § 9210.2; Ord. No. NS-455, § 1, 6-20-60)

An ancillary use is a use which is supportive of and subordinate to any primary use.

(Ord. No. NS-2275, § 1, 12-18-95)

An apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing one (1) kitchen.

(Code 1952, § 9210.3; Ord. No. NS-455, § 1, 6-20-60)

A bachelor apartment is one (1) or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family for sleeping or living purposes and containing not more than one (1) kitchen and utility room, one (1) sleeping room, one (1) bathroom and incidental closet space.

(Code 1952, § 9210.4; Ord. No. NS-455, § 1, 6-20-60)

An apartment house is a building other than a hotel or motel, designed for or used to house three (3) or more families, living independently of each other, including all necessary employees of such families.

(Code 1952, § 9210.5; Ord. No. NS-455, § 1, 6-20-60)

Assemble means to fit or put together the parts of materials or products.

(Ord. No. NS-2275, § 2, 12-18-95)

An auto park or market is an open land area used for the storage and sale of complete and operative automobiles, new or used.

(Code 1952, § 9210.6; Ord. No. NS-455, § 1, 6-20-60)

An automobile house trailer or camp car is any building or structure with or without motive power designed for living purposes or the conduct of any business, profession, occupation, or trade, and containing plumbing, heating, or electrical equipment and designed so that it is, or may be, mounted on wheels for traveling on public thoroughfares.

(Code 1952, § 9210.7; Ord. No. NS-455, § 1, 6-20-60)

Automobile repair is the repair of motor vehicles, including the repair or replacement of engines and transmissions, body and fender repair, and the installation of nonfactory-installed products except those specified in section 41-20.

(Ord. No. NS-2118, § 1, 3-18-91)

Automobile servicing is the servicing and minor repair of motor vehicles, including the replacement of belts, hoses, batteries, tires, shock absorbers, oil and air filters, chassis lubrication, air conditioning servicing, wheel alignments, replacement of brake pads, and engine tuneups.

(Ord. No. NS-2103, § 1, 12-17-90)

"Bail bond use" shall mean any use or business, whether primary or ancillary, that is subject to regulation pursuant to California Insurance Code Section 1800, et. seq., as such sections may be amended from time to time, including but limited to a use or business of a bail agent, a bail permittee, or a bail solicitor.

(Ord. No. NS-2661, § 3, 9-20-04)

A banquet facility is a facility available for rental and used for the purpose of meetings, parties, ceremonious gatherings, dining or entertainment. For the purposes of this definition, the term rental shall mean to obtain the possession and use of a facility, or a portion of a facility, on a short-term, hourly or daily basis, where occupancy is closed to the general public, in exchange for monetary or other form of compensation.

(Ord. No. NS-2445, § 3, 9-18-00)

A commercial establishment whose primary use is the sale and service of alcoholic beverages for consumption on the premises, with or without food service, from which minors are excluded by law and which requires a "public premises"-type license issued by the California Department of Alcoholic Beverage Control.

(Ord. No. NS-2847, § 17, 8-5-13)

A basement or cellar is that portion of a building between floor and ceiling which is either totally or partly below grade.

(Code 1952, § 9210.8; Ord. No. NS-455, § 1, 6-20-60)

A bedroom is any room or segment of a dwelling unit separated from other portions of such dwelling unit by walls or other partitions, which is designed or used as sleeping quarters, provided that in determining the number of bedrooms in a dwelling unit all such rooms or segments having an area in excess of eighty (80) square feet (exclusive of one (1) living room, one (1) dining room and all rooms clearly designed as kitchens, bathrooms, closets and hallways) shall be deemed bedrooms regardless of any description or use for purposes other than sleeping quarters, such as dens, family rooms or guest rooms.

(Ord. No. NS-1961, § 1, 6-6-88)

Boarding house means a residence or dwelling, other than a hotel or motel, wherein rooms are rented under multiple separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boarding houses do not include: (1) group homes; (2) residential care facilities; (3) sober-living homes; (4) transitional or supportive housing; or (5) single housekeeping units.

(Ord. No. NS-3084, § 3, 9-16-25)

A superstore is any retail use that sells from the premises goods and merchandise, primarily for personal and household use, and whose total interior space exceeds one hundred twenty thousand (120,000) square feet, and which devotes more than ten (10) per cent of its total interior space to the sale of merchandise which are not subject to state sales tax. For purposes of determining the total interior space, restrooms, office space, storage space, and service areas (e.g., automobile service, doctor or dental service, or restaurant/fast food service) shall be excluded, but the aggregate space of adjacent stores that share common check stands, management, operation, controlling ownership, or warehouse or distribution facilitates shall be included.

(Ord. No. NS-2734, § 2, 2-5-07)

A building is any structure built for the support, shelter or enclosure of persons, or animals, chattels, or property of any kind.

(Code 1952, § 9210.10; Ord. No. NS-455, § 1, 6-20-60)

Building height is the vertical distance measured from the curb level to the highest point of the roof surface.

(Code 1952, § 9210.11; Ord. No. NS-455, § 1, 6-20-60)

The main building is the principal building on a lot or building site designed or used to accommodate the primary use to which such area is devoted; where a permissible use involves more than one (1) structure designed or used for the same primary purpose, as in the case of group houses, each such permissible building on one (1) lot as defined by this chapter shall be considered a main building.

(Code 1952, § 9210.12; Ord. No. NS-455, § 1, 6-20-60)

A building site is the ground area of a building or group of buildings together with all yard and open spaces as required by this chapter.

(Code 1952, § 9210.13; Ord. No. NS-455, § 1, 6-20-60)

A bulk merchandise store is a store which exceeds sixty thousand (60,000) square feet in floor area where grocery and/or sundry goods are displayed for sale in bulk quantities.

(Ord. No. NS-1939, § 1, 1-4-88)

Business is any enterprise or livelihood whereby goods, services, use of property or facilities, or other valuable consideration is offered, or advertised as available, to the public, or any segment thereof, in exchange for payment of money or other valuable consideration, whether or not such enterprise or livelihood is carried out for profit, and includes, but is not limited to, the ownership or management of stores, shops, offices and recreational or amusement centers, and the use of offices by members of professions and trades rendering services. A business activity is any conduct or practice which forms part of, or is incidental to, the operation of a business, including but not limited to, the store or display of goods for purposes of future sales, or the dispatching of vehicles for business purposes.

(Code 1952, § 9210.15; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1708, § 1, 12-19-83; Ord. No. NS-2457, § 4, 1-2-01)

A cabana is any portable, demountable or permanent cabin, small house, room, enclosure, or other building erected, constructed or placed to be used in conjunction with any automobile house trailer or camp car.

(Code 1952, § 9210.16; Ord. No. NS-455, § 1, 6-20-60)

Editor's note— Ord. No. NS-3084, § 4, adopted September 16, 2025, repealed § 41-41.5. Former § 41-41.5 pertained to care homes and derived from Ord. No. NS-1532, § 1, adopted June 16, 1980.

A carport is a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter.

(Code 1952, § 9210.17; Ord. No. NS-455, § 1, 6-20-60)

Editor's note— Ord. No. NS-3038, § 3, adopted February 7, 2023, repealed § 41-42.5. Former § 41-42.5 pertained to child care facilities and derived from Ord. No. NS-2111, § 1, adopted April 1, 1991 and Ord. No. 2446, § 4, adopted September 18, 2000.

As used in this Code, a check cashing facility is any business, company, corporation, establishment, organization, private enterprise, shop, or store whose primary or ancillary service is that of a check casher, as currently defined, and as may be amended from time to time by Title 1.6F, section 1789.31(a) of the California Civil Code.

(Ord. No. NS-2412, § 2, 12-6-99)

Cigarette shall have the same meaning as Section 30003 of the Revenue & Taxation Code, including any amendments or successor statutes thereto.

(Ord. No. NS-3091, § 4, 3-17-26)

A club, fraternity or lodge shall have the same meaning as that given to the word "club" pursuant to California Business and Professions Code section 23425, as it may be amended from time to time.

(Code 1952, § 9210.18; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2473, § 3, 6-18-01)

Commercial storage is a structure or building whose primary function is for collecting, maintaining or storing goods, materials, records or documents which do not belong to the owner or operator of the structure or building but are kept in trust.

(Ord. No. NS-2494, § 3, 4-15-02)

Compound means to prepare by combining or mixing the parts of materials and products.

(Ord. No. NS-2275, § 3, 12-18-95)

Editor's note— Prior to the reenactment of § 41-44 by Ord. No. NS-2275, the section had been repealed by Ord. No. NS-1532, § 4, enacted June 16, 1980. The repealed § 41-44 set forth the definition of "convalescent home" and derived from Code 1952, § 9210.19, and Ord. No. NS-455, § 1, adopted June 20, 1960.

A commercial establishment of eleven thousand (11,000) square feet or larger where people go to primarily listen to and observe various forms of live concerts or entertainment, which includes dancing or other form of personal interaction with the performance.

(Ord. No. NS-2847, § 18, 8-5-13)

A convenience store means a retail establishment that sells a variety of products for consumption off-premises, including, but not limited to, food and beverages, household goods, over-the-counter medicines, magazines and other printed publications, and other similar items.

(Ord. No. NS-3091, § 3, 3-17-26)

A facility where personnel provide counseling services in individual or group sessions that focus specifically on mental development, recovery, rehabilitative vocational assistance, and employment preparation for the purposes of achieving independence, and/or integration in the workplace and community. For a practice providing counseling services specializing in substance abuse, this includes a facility that provides substance abuse counseling practiced by a licensed professional, on an outpatient basis, with or without the dispensing of medication onsite. "Counseling services" does not include "Medical office," which is separately defined.

(Ord. No. NS-3035, § 2, 12-20-22; Ord. No. NS-3038, § 4, 2-7-23)

Cyber café shall mean an establishment whose primary purpose is to provide computers and/or other electronic devices for access to the Internet, e-mail or computer software programs which are networked (via LAN or WAN) or which function as a client/server program, and which seeks compensation in any form from users. Cyber café is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning center as defined in Section 41-46 or recreational or entertainment uses as defined in Section 41-142.

(Ord. No. NS-2513, § 3, 9-3-02; Ord. No. NS-2977, § 2, 10-15-19)

Cyber learning center shall mean an establishment that provides computer access, which is operated by the city, a school district, or a college district, or is operated by a non-profit organization without monetary charge.

(Ord. No. NS-2513, § 4, 9-3-02)

A data center is a use whose primary purpose is to house computer servers or telecommunications switching facilities or internet nodes for entities, including but not limited to web hosting organizations, large enterprises or any other internet service organizations and whose gross floor area exceeds fifteen hundred (1,500) square feet. A server farm, telecom hotel, carrier hotel, darkened datacenter, co-location center or any other term applicable to facilities which are used for these specified purposes shall be deemed to be a data center.

(Ord. No. NS-2494, § 4, 4-15-02)

"Daycare center" means a child daycare facility other than a family daycare facility, and includes infant centers, preschools, extended daycare facilities, and school age child care centers, and includes child care centers licensed pursuant to Section 1596.951 of the California Health and Safety Code.

(Ord. No. NS-3038, § 5, 2-7-23)

A dish antenna is an antenna characterized by a round parabolic surface having a diameter of more than two (2) feet.

(Ord. No. NS-1755, § 1, 12-17-84)

Disabled means, as is more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. For the purposes of this chapter, handicapped shall mean the same as disabled.

(Ord. No. NS-2813, § 2, 3-21-11; Ord. No. NS-3084, § 5, 9-16-25)

A district is a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain limits are established, and certain off-street parking areas are required, all as set forth and specified in this chapter concerning districts and the modification thereof by suffix or prefix.

(Code 1952, § 9210.20; Ord. No. NS-455, § 1, 6-20-60)

A residential building containing one (1) or more habitable rooms with only one (1) kitchen, designed for occupancy by one (1) independent household unit with common access to, and common use of all living, kitchen and bathroom areas.

(Code 1952, § 9210.21; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 3, 5-1-06)

A two-family dwelling is a single building containing not more than two (2) families living independently of each other in separate living areas, which has a common roof and common interior or party walls, and which contains no more than two (2) kitchens.

(Code 1952, § 9210.22; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2111, § 2, 4-1-91)

For definitions of multiple-family dwelling see definition of apartment house.

(Code 1952, § 9210.23; Ord. No. NS-455, § 1, 6-20-60)

A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.

(Ord. No. NS-2471, § 5, 5-21-01)

"Electric fence" and "electrified fence" shall mean any fence powered by an electrical energizer with characteristics outlined and defined in California Civil Code Section 835 used to protect and secure industrial property.

(Ord. No. NS-3035, § 3, 12-20-22; Ord. No. NS-3038, § 6, 2-7-23)

Electronic cigarette, or e-cigarette, shall have the same meaning as Section 31001(c) of the Revenue & Taxation Code, including any amendments or successor statutes thereto.

(Ord. No. NS-3091, § 6, 3-17-26)

Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay; as defined and used in Section 50801(e) of the California Health and Safety Code.

(Ord. No. NS-2848, § 3, 9-3-13)

A commercial establishment whose primary use is the sale and service of meals on-site to guests and which has suitable kitchen facilities containing the necessary appliances required for cooking unpackaged foods, and which complies with all of the requirements of the local department of health and the California Department of Alcoholic Beverage Control for a bona fide public eating place pursuant to the Section 23038 of the California Business and Professions Code.

(Ord. No. NS-2847, § 19, 8-5-13)

An equipment rental yard is a permanent establishment dedicated to the rental of building or construction tools, equipment, or other related supplies where the storage and display of said equipment and supplies may occur both within a structure, as well as in an outdoor yard area associated with said structure.

(Ord. No. NS-2812, § 2, 12-20-10)

"Family daycare facility" means a facility that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. For the purposes of this chapter, there are small family daycare facilities and large family daycare facilities. Small family daycare facilities provide care to no more than eight (8) children. Large family daycare facilities provide care to no more than fourteen (14) children.

(Ord. No. NS-3038, § 7, 2-7-23)

A freight, bus and truck terminal is a facility used for the storage and dispatch of larger scale vehicles including but not limited to semi-trailers, waste haulers, cement trucks, tow trucks and buses with a capacity greater than fifteen (15) persons. This may include facilities used to receive, sort, transfer and ship freight, such as packages by an overnight delivery service. This may also include vehicle maintenance, repair, and fueling to service the fleet.

(Ord. No. NS-2470, § 3, 5-21-01)

A private garage is an accessory building or portion of a main building, enclosed on three (3) or more sides and designed or used for the shelter or storage of vehicles owned or operated by the occupant of the main building.

(Code 1952, § 9210.25; Ord. No. NS-455, § 1, 6-20-60)

A public garage is a building, other than a private garage, used for the storage, care, repair or equipping of motor vehicles.

(Code 1952, § 9210.26; Ord. No. NS-455, § 1, 6-20-60)

A garage sale is a sale of goods, wares or merchandise from residential property where the public is invited onto such property to purchase such items; provided, however, that "garage sale" shall not include any sale of the personal belongings of a recently deceased resident of such property.

(Ord. No. NS-2096, § 1, 11-19-90; Ord. No. NS-2218, § 1, 6-20-94)

A grocery store means a retail establishment that typically stocks a range of items, including fresh produce, meats, dairy products, canned and packaged goods, over-the-counter medicines, and household supplies like cleaning products and paper goods. It can serve a neighborhood or the wider community, and while offering items of convenience, is not considered a convenience store. Attributes of such establishment often include multiple entrances, loading docks, and interior food service such as bakeries and butcher counters.

(Ord. No. NS-3091, § 5, 3-17-26)

The gross floor area is the total floor area included within the outer walls of a building.

(Code 1952, § 9210.27; Ord. No. NS-455, 6-20-60; Ord. No. NS-521, § 1, 6-19-61; Ord. No. NS-635, § 1, 3-4-63, Ord. No. NS-1674, § 2, 3-21-83)

A facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include residential care facilities and any dwelling that operates as a single housekeeping unit.

(Ord. No. NS-3084, § 6, 9-16-25)

A guesthouse is living quarters within an accessory building for the use of persons employed on the premises, or for the temporary use by guests of the occupants of the main building, and having no kitchen facilities and not rented or otherwise used as a dwelling unit.

(Code 1952, § 9210.28; Ord. No. NS-455, § 1, 6-20-60)

Hazardous material is any material, other than hazardous waste, which because of its quantity, concentration, or physical or chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment if released into the work place or the environment, including, but not limited to, any "hazardous substance," as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.

(Ord. No. NS-2122, § 1, 4-15-91)

Hazardous waste is any material which is "hazardous waste" as defined in Section 25500 of the California Health and Safety Code, as it may from time to time be amended.

(Ord. No. NS-2122, § 2, 4-15-91)

A health club and gymnasium shall mean a commercial facility providing instruction and equipment designed to promote or improve the health of the clients.

(Ord. No. NS-2776, § 3, 9-2-08)

A helicopter is any rotocraft which depends principally for its support and motion in the air upon lift generated by one (1) or more rotors that rotate on substantially vertical axes.

(Ord. No. NS-1039, § 1, 9-21-70)

A heliport is an area of land or water or a structural surface which is used, or is intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.

(Ord. No. NS-1039, § 1, 9-21-70)

A helistop is the same as a heliport, except that no refueling, maintenance, repairs or storage of helicopters is permitted.

(Ord. No. NS-1039, § 1, 9-21-70)

A home improvement warehouse store is a store which exceeds sixty thousand (60,000) square feet in floor area where home improvement and construction goods are displayed for sale in bulk quantities.

(Ord. No. NS-1939, § 2, 1-4-88)

A home occupation is a business conducted within a dwelling, or within buildings or areas accessory to a dwelling, by the occupant of the dwelling as a secondary use.

(Code 1952, § 9210.29; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1654, § 1, 11-1-82)

(a) A hookah parlor shall mean any facility or location whose business operation, whether as its primary use or as an ancillary use, is denoted by the smoking of tobacco or other substances through one or more pipes (commonly known as a hookah, waterpipe, shisha or narghile) designed with a tube passing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes.

(b) A primary use shall mean a use that is not an ancillary use.

(Ord. No. NS-2763, § 3, 3-3-08)

A hospital is any institution, place, building or agency which maintains and operates organized facilities for the diagnosis, care and treatment of human illness, including convalescence and including care during and after pregnancy or which maintains and operates organized facilities for any such purpose and to which persons may be admitted for overnight stay or longer. "Hospital" includes nursing home and maternity home.

(Code 1952, § 9210.30; Ord. No. NS-455, § 1, 6-20-60)

For definition of mental hospital see definition of hospital.

(Code 1952, § 9210.31; Ord. No. NS-455, § 1, 6-20-60)

An animal hospital is an establishment in which veterinarian services are rendered to dogs, cats and other small animals and domestic pets.

(Code 1952, § 9210.32; Ord. No. NS-455, § 1, 6-20-60)

A hotel/motel is any building, or portion of a building that is designed, occupied, used or intended to be used, rented or hired out as temporary or overnight accommodations for tourists or transients. Such hotel/motel shall contain more than five (5) guest rooms. A hotel/motel that contains a kitchen (as defined in Section 310.7(3) of the California Building Code) in guest rooms shall be deemed to be a long-term stay business hotel. A hotel/motel that meets the criteria of Section 41-139 of this Code shall be deemed to be a transient/residential hotel.

(Code 1952, § 9210.33; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1532, § 2, 6-16-80; Ord. No. NS-2471, § 7, 5-21-01; Ord. No. NS-3084, § 7, 8, 9-16-25)

Household means all the individuals occupying a dwelling unit, and includes people who live in different units governed by the same operator, but does not include a single housekeeping unit.

(Ord. No. NS-3084, § 7, 8, 9-16-25)

The person, or group of persons, that is present at a group home, as defined in this chapter, on a 24-hour basis and is responsible for the day-to-day operation of the group home. The house manager may be the operator, or a duly authorized representative of the operator.

(Ord. No. NS-3084, § 9, 9-16-25)

An impound yard is an area used for the temporary storage of vehicles which have been towed to such area due to having been abandoned or illegally parked or for a similar reason, and where there is no dismantlement of such vehicles nor any sale of the parts thereof.

(Ord. No. NS-1834, § 5, 2-3-86)

Indoor sport facility shall mean the use of any private property for the purpose of providing physical or recreation activity to the public within a fully enclosed structure. Examples of indoor sport facilities include, but are not limited to physical or recreational activities requiring a large floor area such as: soccer fields, go-cart racing, batting cages, bowling alleys, or rock climbing. "Indoor sport facility" shall not include cyber cafés as defined by section 41-45; gymnasium or health club as defined under section 41-67.9; recreational or entertainment uses defined under section 41-142; or slot car or radio controlled vehicles tracks.

(Ord. No. NS-2776, § 4, 9-2-08)

An indoor swap meet is a store which has been internally subdivided to allow for individual sales booths which are available for lease to individual tenants for display of goods for sale. For purposes of this section, areas bounded by permanent floor-to-ceiling walls or windows, in which all entryways are capable of being closed and locked, shall be considered separate stores and not subdivisions of one (1) store. No store in which one (1) vendor occupies at least eighty (80) per cent of the floor area used for sale of goods shall be considered an indoor swap meet. For purposes of this section, each person offering goods for sale in a store who has a permit from the state board of equalization to engage in or conduct business as a seller at that store shall be deemed a distinct independent vendor, and each such vendor, other than any person in control of the use and occupancy of the store, shall be deemed a tenant in that store.

(Ord. No. NS-1939, § 3, 1-4-88; Ord. No. NS-2090, § 1, 10-15-90)

Any vehicle, either mechanically or legally incapable of being driven on a public street or highway.

(Ord. No. NS-1080, § 1, 5-17-71)

An establishment maintained and operated for the purpose of providing charitable, social, educational, medical, or similar services.

(Code 1952, § 9210.34; Ord. No. NS-455, § 1, (6-20-60))

Any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one (1) operation shall be referred to as integral facilities and shall be considered one (1) facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one (1) facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one (1) licensed or unlicensed facility.

(Ord. No. NS-3084, § 10, 9-16-25)

Integrated development site shall mean any site, regardless of the number of lots or individual tenants, that is developed with common parking, on-site circulation, architecture or design features.

(Ord. No. NS-2635, § 3, 8-4-03)

An interpretive center is an outdoor learning center in which existing natural or cultural resources are displayed or identified.

(Ord. No. NS-2511, § 2, 9-3-02)

A junk yard, automobile wrecking yard, or salvage yard is any space of two hundred (200) square feet or more of area of any lot used for the storage, sale, keeping or abandonment of inoperable vehicles, junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof, other than an impound yard

(Code 1952, § 9210.35; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1080, § 2, 5-17-71; Ord. No. NS-1834, § 4, 2-3-86)

A kennel is any lot, building, structure, enclosure, premise or place, whereon or wherein, three (3) or more dogs are kept or maintained for the purpose of breeding, training, raising, boarding or as pets.

(Code 1952, § 9210.36; Ord. No. NS-455, § 1, 6-20-60)

A kitchen is any room or space used or intended or designed to be used for cooking or the preparation of food.

(Code 1952, § 9210.37; Ord. No. NS-455, § 1, 6-20-60)

Landscape is any yard or other open space which is purposely designed to create an aesthetic environment composed of plant materials, synthetic turf, and/or other decorative elements such as fountains, ponds, sculptures, walls, fences, and planters.

(Code 1952, § 9210.37.5; Ord. No. NS-908, § 1, 1-2-68; Ord. No. NS-3038, § 8, 2-7-23)

Landscaping is the act of providing landscape as defined in this division.

(Code 1952, § 9210.37.6; Ord. No. NS-908, § 1, 1-2-68)

Includes, but is not limited to, musical performances (non-ambient (as defined in section 11-1), live or recorded), any act, play, revue, pantomime scene, dance act, DJ, Karaoke, strolling musician or any combination thereof, performed by one (1) or more persons whether or not they are compensated for the performance.

(Ord. No. NS-2847, § 20, 8-5-13)

A live-work community is a building, or portion thereof, used for units which are each a combination of a studio/workshop and a living quarters, and may be either a building, or portion thereof, originally designed for nonresidential purposes and converted to such use or a new building initially designed for such use.

(Ord. No. NS-2230, § 1, 8-15-94)

A loading space is an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle in order to load or unload merchandise or material, and which abuts upon a street, alley or other appropriate means of access.

(Code 1952, § 9210.38; Ord. No. NS-455, § 1, 6-20-60)

Editor's note— Ord. No. NS-3084, § 11, adopted September 16, 2025, repealed § 41-103. Former § 41-103 pertained to lodging houses and derived from § 9210.39 of the Code of 1952; Ord. No. NS-455, § 1, adopted June 20, 1960; and Ord. No. NS-1532, § 3, adopted June 16, 1980.

A long-term stay business hotel is a hotel/motel which is designed and operated to primarily accommodate business travelers whose guest stays vary in general from one (1) week to a month or more. Any hotel/motel that contains a kitchen in guest rooms shall be considered a long-term stay business hotel. No long-term stay business hotel may be established in the city after July 1, 2001 except as permitted by a SP (specific plan) or SD (specific development) district and then only as a conditional use. Long-term stay business hotels shall not include transient/residential hotels.

(Ord. No. NS-2710, § 4, 5-1-06)

A lot is a parcel of real property shown on an approved final subdivision map or record of survey map or a recorded parcel described by metes and bounds.

(Code 1952, § 9210.40; Ord. No. NS-455, § 1, 6-20-60)

Lot coverage is the amount of lot area stated in terms of percentage that is covered by all buildings or structures located thereon. This shall be considered to include the building footprint and all building projections, but shall exclude patio covers, awnings and eaves.

(Code 1952, § 9210.41; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2710, § 5, 5-1-06)

The front lot line is the boundary line between a street and abutting property and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street.

(Code 1952, § 9210.42; Ord. No. NS-455, § 1, 6-20-60)

The rear lot line is a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangle for trapezoidal lot, or of a lot the rear of which is formed by two (2) or more lines, the following shall apply:

(a) For a triangular shaped lot a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be considered the rear lot line; or

(b) In the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be considered to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or

(c) In the case of a pentagonal lot the rear boundary of which includes an angle formed by two (2) lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

(Code 1952, § 9210.43; Ord. No. NS-455, § 1, 6-20-60)

A side lot line is any lot boundary line not a front lot line or a rear lot line.

(Code 1952, § 9210.44; Ord. No. NS-455, § 1, 6-20-60)

The lot width is the distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines.

(Code 1952, § 9210.45; Ord. No. NS-455, § 1, 6-20-60)

The lot depth is the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

(Code 1952, § 9210.46; Ord. No. NS-455, § 1, 6-20-60)

The lot area is the total land area within the property lines of a lot.

(Code 1952, § 9210.47; Ord. No. NS-455, § 1, 6-20-60)

A corner lot is a lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees.

(Code 1952, § 9210.48; Ord. No. NS-455, § 1, 6-20-60)

A reversed corner lot is a corner lot, the rear of which abuts the side lot line of another lot.

(Code 1952, § 9210.49; Ord. No. NS-455, § 1, 6-20-60)

An interior lot is a lot other than a corner lot.

(Code 1952, § 9210.50; Ord. No. NS-455, § 1, 6-20-60)

A key lot is the first interior lot to the rear of a reversed corner lot.

(Code 1952, § 9210.51; Ord. No. NS-455, § 1, 6-20-60)

A through lot is a lot having frontage on two (2) streets (a corner lot, having frontage on two (2) parallel or approximately parallel streets, or two (2) streets, the center lines of which, if projected, would not make an angle of more than thirty (30) degrees).

(Code 1952, § 9210.52; Ord. No. NS-455, § 1, 6-20-60)

Manufacture means the making of materials or products by hand or by machinery, often with division of labor.

(Ord. No. NS-2275, § 4, 12-18-95)

Mechanical equipment or appurtenances shall include air conditioners, fans, compressors, refrigeration units, exhaust fans, vents, tanks, stacks, duct work, furnaces, adsorption units, air filters or purifiers, chimneys, gravity or rotary vents, or any similar type equipment. This definition does not include attractively designed and constructed residential type chimneys on residential units or buildings.

(Ord. No. NS-1157, § 1, 3-19-73)

A medical office is a facility providing consultation, diagnosis, therapeutic, preventive, surgical, or corrective personal treatment services by doctors or dentists, and their support staff, to support the healing of humans, wherein such medical doctors and dentists are licensed. These facilities can be at health centers, individual doctor or dentist offices, and exclude practices providing counseling services specializing in substance abuse, homeless support services, and medical research laboratories.

(Ord. No. NS-3035, § 4, 12-20-22; Ord. No. NS-3038, § 9, 2-7-23)

Editor's note— Ord. No. NS-3035, § 4, adopted December 20, 2022, set out provisions intended for use as § 41-121. In order to avoid duplication of section numbers and at the editor's discretion, these provisions have been included as 41-120.1.

Mobile Food Truck means a motorized vehicle or mobile food unit, licensed by the California Department of Motor Vehicles, designed and equipped to prepare, serve, and sell food and/or non-alcoholic beverages. For purposes herein, the term "food" shall mean fruit, meat, vegetables, or other nutritious substance, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. "Mobile Food Truck" shall not include a trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing food.

(Ord. No. NS-3034, § 3, 12-20-22)

Museums and science centers are facilities which specialize in scientific, cultural or artistic exhibits. Ancillary uses, located within the same premises and architecturally integrated with the main building, may include eating establishments, gift shops, theaters, assembly rooms, and similar activities to support the primary operation and activities of the facility.

(Ord. No. NS-2296, § 3, 10-7-96)

A site which is operated under the auspices of a government or non-profit agency, for the purposes of bringing together essential services to meet the needs and development of homeless clients. Limited to occupancy of six (6) months or less by a homeless person. A multiservice center shall include intake, assessment, and individualized case management services for homeless clients. Services provided shall address basic and immediate necessities, such as overnight shelter, showers, food, medical attention and mental health services, as well as higher level needs, including, but not limited to, computer access, job training and placement, life skills coaching and legal assistance.

(Ord. No. NS-2848, § 4, 9-3-13)

A nonconforming use is a use of land or of a building or structure which was initiated prior to July 20, 1960, or which was conducted in conformity with all applicable provisions of this chapter as they existed at the time such use was initiated, but which thereafter became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof.

(Ord. No. NS-45, § 1, 6-20-60; Ord. No. NS-1753, § 1, 11-19-84)

A nonconforming building is a building to which either of the following circumstances apply:

(1) The building was constructed prior to July 20, 1960, and thereafter the building, or any of its appurtenances, or the site on which it is located became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof.

(2) The building and its appurtenances and the site on which it is located existed at one time in conformance with all applicable provisions of this chapter, and thereafter the building, or any of its appurtenances, or the site on which it is located became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof.

(Code 1952, § 9210.55; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-1753, § 2, 11-19-84; Ord. No. NS-1961, § 2, 6-6-88)

A professional, business, or administrative office is an establishment providing direct, "over-the-counter" services or business services to consumers or clients (e.g., insurance agencies, real estate offices, travel agencies, utility company offices, etc.) and office-type facilities occupied by businesses providing professional services and/or engaged in the production of intellectual property.

(Ord. No. NS-3035, § 5, 12-20-22; Ord. No. NS-3038, § 10, 2-7-23)

Those establishments licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption away from the premises (e.g., liquor stores, convenience stores, grocery stores).

(Ord. No. NS-2847, § 21, 8-5-13)

Those establishments that qualify as bona fide eating establishments and that are licensed by the California Department of Alcoholic Beverage Control to sell alcohol for consumption on the premises.

(Ord. No. NS-2847, § 22, 8-5-13)

Outdoor Dining means an ancillary outdoor area use on private property where tables and chairs are provided for patrons to consume food and/or beverages provided by an adjacent eating establishment.

(Ord. No. NS-3033, § 3, 12-20-22)

Outdoor Dining Area means an approved designated outdoor dining area, in accordance with Article XXI (Outdoor Dining on Private Property) of this Chapter, that is enclosed by permanent improvements such as landscape, planters, fencing, decks, patio or shade structures, or other decorative barriers.

(Ord. No. NS-3033, § 4, 12-20-22)

Outdoor vending machine shall mean a mechanical device located on the outside of a building that provides a product or service to the public for compensation, including but not limited to water dispensers, drink dispensers, food dispensers or water vending machines. For purposes of this chapter, news boxes, pay phones, automated teller machines and youth amusement rides shall not be deemed to be outdoor vending machines.

(Ord. No. NS-2635, § 4, 8-4-03; Ord. No. NS-2710, § 6, 5-1-06)

Outdoor water vending machine shall mean a mechanical device located within a building exterior storefront that solely dispenses water for compensation. For purposes of this chapter, machines that vend prepackaged bottled water shall not be considered outdoor water dispensing machines.

(Ord. No. NS-2710, § 7, 5-1-06)

Editor's note— Ord. No. NS-2847, § 25, adopted August 5, 2013, repealed § 41-132 in its entirety. Former § 41-132 pertained to overconcentration of alcohol licenses and was derived from Ord. No. NS-2334, § 1, adopted November 3, 1997.

A public parking area is an open area other than a street or alley used for the parking of automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.

(Code 1952, § 9210.58; Ord. No. NS-455, § 1, 6-20-60)

A parking space is a space within a public or private parking area or a building, exclusive of driveways, ramps, columns, office and work area, for the temporary parking or storage of one (1) automobile.

(Code 1952, § 9210.59; Ord. No. NS-455, § 1, 6-20-60)

A bicycle parking space is a space within a public or private property, exclusive of street right-of-way, driveways, ramps, walkways, required landscape areas or work space for the temporary parking or storage of one (1) bicycle. A bicycle parking space is primarily for visitors and guests, and shall include a permanently affixed post or rack for attaching a bicycle.

(Ord. No. 2787, § 3, 6-8-09)

A passenger transportation service is a use that stores or dispatches vehicles that provide passenger transportation, which include but are not limited to taxicab, limousine, shuttle or transit vehicles with a maximum capacity of fifteen (15) persons, and ambulance services. This may include vehicle maintenance, repair, and fueling to service the fleet.

(Ord. No. NS-2470, § 4, 5-21-01)

Porte-cochere is a structure over the driveway, and attached to the main residence for the temporary sheltering and unloading of passengers by an entrance of the building.

(Ord. No. NS-2710, § 8, 5-1-06)

Processing means the preparation of materials or products by a particular method.

(Ord. No. NS-2275, § 5, 12-18-95)

An establishment licensed by the California Department of Alcoholic Beverage Control to sell and serve alcohol pursuant to Section 23039 of the California Business and Professions Code.

(Ord. No. NS-2847, § 23, 8-5-13)

A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transient/residential hotel utilize it as their primary residence (for purposes of this section the term "primary residence" shall have the same definition as under California Health & Safety Code section 50519(b)(1)). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty-five (25) per cent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds twenty-eight (28) consecutive days or twenty-eight (28) days in any 60-day consecutive period shall be deemed to be a transient/residential hotel. No transient/residential hotel may be established in the city after June 7, 1999 unless:

(1) It was existing on June 7, 1999; and

(2) It is permitted by a SP (Specific Plan) or SD (Specific Development) district and then only as a conditional use.

(Ord. No. NS-2471, § 6, 5-21-01)

A modification or exception to the standards, regulations, policies, and procedures contained in this title for the siting, development, and use of housing or housing-related facilities, that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for the use and enjoyment of housing of their choice, and that does not impose undue financial or administrative burdens on the city or require a fundamental or substantial alteration of the city's planning and zoning programs.

(Ord. No. NS-2813, § 3, 3-21-11)

Recreational or entertainment uses include any use of property for the purpose of providing recreation or entertainment to the public for compensation, including, but not limited to, carnivals, circuses, amusement parks, golf course, bowling alleys, billiard parlors, pool halls, sports stadiums, dance halls, and game arcades; provided, however, that the use of less than five (5) per cent of the floor space of that part of a building which is open to the public for mechanical or electronic games shall not be considered a recreational or service use. The square footage for each pool table shall be calculated at one hundred ninety-two (192) square feet to accommodate the area necessary for the players.

(Ord. No. NS-1732, § 1, 6-25-84; Ord. No. NS-2710, § 9, 5-1-06)

A recreational vehicle, vehicle and/or boat storage yard is an outdoor facility in which spaces are individually rented or leased for the storage of recreational vehicles, vehicles or boats (with or without trailers).

(Ord. No. NS-2494, § 6, 4-15-02)

Rehabilitation is the restoration or modification of an existing building which alters the aesthetic quality of the building, excluding normal maintenance.

(Ord. No. NS-1961, § 3, 6-6-88)

For definition of residence see definition of dwelling.

(Code 1952, § 9210.61; Ord. No. NS-455, § 1, 6-20-60)

Residential care facility means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include, but are not limited to, the following: An intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled-nursing, as defined by California Health and Safety Code Section 1250; a congregate living health facility, as defined by California Health and Safety Code Section 1250; a community care facility, as defined by California Health and Safety Code Section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code Section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code Section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code Section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code Section 1760.2; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code Section 5116.

(Ord. No. NS-3084, § 12, 9-16-25)

Retail and service uses include any use of property for the purpose of offering merchandise or services to the public for compensation, and include banks, savings and loan associations, and similar financial institutions, but do not include the following:

(a) Sheet metal shops, body-fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity.

(b) Reserved.

(c) A hookah parlor as defined in section 41-73.5 of this Code.

(d) Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit in one (1) or more use districts pursuant to article III of this chapter.

(Ord. No. NS-1732, § 2, 6-25-84; Ord. No. NS-2758, § 4, 11-5-07; Ord. No. NS-2763, § 4, 3-3-08; Ord. No. NS-2864, § 4, 12-9-14,)

Editor's note— Ord. No. NS-3084, § 13, adopted September 16, 2025, repealed § 41-145. Former § 41-145 pertained to rooming houses and derived from § 9210.63 of the Code of 1952 and Ord. No. NS-455, § 1, adopted June 20, 1960.

For definition of sanitarium see definition of hospital.

(Code 1952, § 9210.64; Ord. No. NS-455, § 1, 6-20-60)

A school means any public, charter, or private educational facility for elementary, middle, junior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military academies, but does not include daycare centers as defined in Section 41.47.5.

(Ord. No. NS-2983, § 3, 1-21-20; Ord. No. NS-3044, § 20, 6-20-23)

The prescribed distance between a regulated use, conditionally permitted use, or any other use specifying a separation requirement, and the sensitive use(s) near which it is located. For purposes of variances or minor exceptions as addressed in section 41-632, a separation requirement will not be considered a development standard and will not be subject to waiver or modification.

(Ord. No. NS-2847, § 24, 8-5-13)

A service station is a filling station which supplies motor fuel and oil to motor vehicles and which may also include automobile servicing, the sale of motor vehicle accessories, and other retail sales.

(Code 1952, § 9210.65; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-2118, § 2, 3-18-91)

A setback line or future right-of-way line is the line between which line and a street line no structure shall project, be erected, or placed.

(Code 1952, § 9210.66; Ord. No. NS-455, § 1, 6-20-60)

Editor's note— Ord. No. NS-2373, § 3, adopted December 7, 1998, repealed §§ 41-152.1 and 41.152.2, which pertained to specified anatomical areas and specified sexual activities, respectively, and derived from Ord. No. NS-1395, §§ 5, 6, adopted December 12, 1977.

Single housekeeping unit means that residents of the dwelling unit have established ties and familiarity and interact with each other and whose use of the dwelling unit satisfies each of the following criteria:

(1) If the dwelling unit is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises.

(2) Residents generally do not have separate entrances or separate secured food-storage facilities such as cabinets or refrigerators.

(3) The residential activities of the household are conducted on a nonprofit basis.

(4) The household is strictly resident-run; there is no care or supervision provided by a third-party or a paid resident manager at the dwelling unit or on the property.

(5) Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.

(6) All adult residents have chosen to jointly occupy the entire premises of the dwelling unit and they each have access to all common areas.

(7) Membership of the household is determined by the residents not by a landlord, property manager or other third party.

(Ord. No. NS-3084, § 14, 9-16-25)

Smoke and vapor products include, but may not be limited to, tobacco products and smoking paraphernalia.

(Ord. No. NS-3091, § 7, 3-17-26)

A smoke shop means any business located in a permanent, fully-enclosed building that primarily sells or offers for sale any smoke and vapor products, but shall not include: establishments whose business includes the incidental sale of smoke and vapor products (such as convenience stores and grocery stores as defined by this chapter); establishments that sell smoke and vapor products principally for onsite consumption (such as private smokers' lounges); or establishments operating under a commercial cannabis business under Chapter 40 (Regulation of Commercial Cannabis Activities).

(Ord. No. NS-3091, § 8, 3-17-26)

A smoke shop operator means all persons who own and/or operate a smoke shop. An owner is any person who owns five (5) percent or more of the smoke shop.

(Ord. No. NS-3091, § 9, 3-17-26)

Smoking shall have the same meaning as Section 22950.5(c) of the Business and Professions Code, including any amendments or successor statutes thereto.

(Ord. No. NS-3091, § 10, 3-17-26)

Smoking paraphernalia means any device, substance, or accessory intended for the smoking of tobacco, cannabis, vaping, or electronic cigarette, or illicit drug use.

(Ord. No. NS-3091, § 11, 3-17-26)

Sober-living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law. Sober-living home shall not include residential care facilities and sober-living homes that operate as a single housekeeping unit.

(Ord. No. NS-3084, § 15, 9-16-25)

A story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six (6) feet above grade such basement or cellar shall be considered a story.

(Code 1952, § 9210.67; Ord. No. NS-455, § 1, 6-20-60)

A street is a public thoroughfare including public roads or highways which affords principal means of access to abutting property.

(Code 1952, § 9210.68; Ord. No. NS-455, § 1, 6-20-60)

The street line is the boundary line between a street and abutting property.

(Code 1952, § 9210.69; Ord. No. NS-455, § 1, 6-20-60)

A structure is anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards, but not including fences or walls used as fences, six (6) feet in height or less.

(Code 1952, § 9210.70; Ord. No. NS-455, § 1, 6-20-60)

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

(Code 1952, § 9210.71; Ord. No. NS-455, § 1, 6-20-60)

A studio is the workplace of one (1) or more individuals who are engaged in the production of works of art or handicrafts for a living, including, but not limited to, painting, sculpture, music, photography, ceramics, glass works and the performing arts.

(Ord. No. NS-2230, § 2, 8-15-94)

Housing with no limit on length of stay, that is occupied by persons and families who were homeless when approved for tenancy in the supportive housing project in which they currently reside, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community; as defined by Section 50675.14 of the Health and Safety Code.

(Ord. No. NS-2848, § 5, 9-3-13)

Any facility that includes any of the following activities:

(a) "Body art establishments" means any specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area. "Body art establishments" does not include a facility that only pierces the ear with a disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(b) "Body art" means the body piercing, tattooing, branding, or application of permanent cosmetics.

(c) "Body piercing" means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes the piercing of an ear, including the tragus; lip; tongue; nose; eyebrow; or other body part. "Body piercing" does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(d) "Branding" means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.

(e) "Permanent cosmetics" means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes permanent eyeliner, eyebrow, or lip color. Permanent cosmetics, if done as an ancillary use within a beauty salon or spa, is not subject to the standards and restrictions in section 41-199.3 — Tattoo and/or body art establishments.

(f) "Tattooing" means the insertion of pigment in human skin tissue by piercing with a needle.

(Ord. No. NS-1861, § 1, 8-4-86; Ord. No. NS-2346, § 1, 3-16-98; Ord. No. NS-2931, § 3, 11-21-17; Ord. No. NS-2931, § 3, 11-21-17)

Editor's note— Ord. No. NS-2931, § 3, adopted November 21, 2017, amended § 41-159 to read as set out herein. Previously § 41-159 was titled "Thrift shop, purchase and loan, pawn shop."

A thrift shop, purchase and loan, or pawnshop is a retail establishment that sells or purchases secondhand articles, or provides loans secured by secondhand articles.

(Ord. No. NS-2931, § 4, 11-21-17)

Tobacco product shall have the same meaning as provided in 22950.5(d) of the Business and Professions Code, including any amendments or successor statutes thereto.

(Ord. No. NS-3091, § 12, 3-17-26)

Tobacco retailer shall have the same meaning as that in Section 18-90(h) of this Code.

(Ord. No. NS-3091, § 13, 3-17-26)

A townhouse is a dwelling unit located in a group of three (3) or more attached dwelling units with no dwelling unit located above or below another and with each dwelling unit having its own exterior entrance.

(Ord. No. NS-2111, § 3, 4-1-91)

A trailer park or camp is any place, area, or tract of land upon which is located any trailer or camp car, but not including a location where a camp car or trailer is not inhabited.

(Code 1952, § 9210.72; Ord. No. NS-455, § 1, 6-20-60)

A transient/residential hotel differs from a hotel/motel in that, while guests at a hotel/motel have another, primary residence, the guests at a transient/residential hotel utilize it as their primary residence (for purposes of this section the term "primary residence" shall have the same definition as under California Health and Safety Code subsection 50519(b)(1)). Any hotel/motel that rents, lets or otherwise provides for compensation, twenty-five (25) per cent or more of the total number of rooms therein to any person, firm, partnership, corporation, association, or other business entity for occupancy which exceeds twenty-eight (28) consecutive days or twenty-eight (28) days in any 60-day consecutive period shall be deemed to be a transient/residential hotel. No transient/residential hotel may be established in the city after June 7, 1999 unless:

(1) It was existing on June 7, 1999; and

(2) It is permitted by a SP (specific plan) or SD (specific development) district and then only as a conditional use.

(Ord. No. NS-2710, § 10, 5-1-06)

Treatment means the subjection of material or products to some process or substance.

(Ord. No. NS-2275, § 6, 12-18-95)

A building or buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months; as defined in Section 50675.2 of the Health and Safety Code. Transitional Housing does not include state licensed residential care facilities, also referred to as care homes.

(Ord. No. NS-2848, § 6, 9-3-13)

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

(Code 1952, § 9210.73; Ord. No. NS-455, § 1, 6-20-60)

Warehouse means a storehouse for goods prior to distribution, sale or use.

(Ord. No. NS-2275, § 7, 12-18-95)

A mini-warehouse is a structure or building, the interior of which has been partitioned or sectioned off into individual storage units or compartments which do not exceed one thousand (1,000) square feet in gross floor area per unit (may also include two (2) or more individually constructed units) and are individually rented or leased. A mini-storage or self-storage facility shall be deemed a mini-warehouse.

(Ord. No. NS-1225, § 1, 10-7-74; Ord. No. NS-2494, § 5, 4-15-02)

A yard is an open space other than a court on a lot unoccupied and unobstructed from the ground upward.

(Code 1952, § 9210.74; Ord. No. NS-455, § 1, 6-20-60)

A front yard is a yard extending across the full width of the lot, the depth of which is the distance between the front lot line and the main wall of the building.

(Code 1952, § 9210.75; Ord. No. NS-455, § 1, 6-20-60)

A rear yard is a yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest point of the rear lot line toward the nearest main wall of the building.

(Code 1952, § 9210.76; Ord. No. NS-455, § 1, 6-20-60)

A side yard is a yard, between a main building and the side lot line, extending from the front to the rear property line. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest main wall of the building

(Code 1952, § 9210.77; Ord. No. NS-455, § 1, 6-20-60 ; Ord. No. NS-521, § 2, 6-19-61)

A freestanding electric, mechanical, or hydraulic amusement ride designed for use by one (1) to four (4) children, and typically activated by deposit of coin or token.

(Ord. No. NS-2487, § 3, 2-4-02)