Chapter 11.10 — Definitions

Sections:

• 11.10.010 Purpose

• 11.10.020 Definitions of Specialized Terms and Phrases

This Chapter provides definitions of terms and phrases used in the Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of the Zoning Code. If a word is not defined in this Chapter, or in other provisions of the City of Tehachapi Municipal Code, the Director shall determine the correct definition.

For the purpose of this Section, the following terms shall be defined as follows:

A. Definitions

Abutting. Having a common property line or zone boundary or separated by a private or public street or easement.

Accessory structure. A detached structure subordinate to the primary dwelling on the same residential lot, serving a purpose customarily incidental to the principle use of the main use, structure, and which does not change the character of the principal use. Facilities attached to a structure are considered a part of the structure.

Accessory Dwelling Unit. A detached residential dwelling unit which provides complete independent living facilities for one or more persons. Accessory dwelling units include permanent provisions for liv-

ing, sleeping, eating, cooking, and sanitation on the same parcel as an existing dwelling. An accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

(B) A manufactured home, as defined in Section 18007 of Health and Safety Code.

(C) A Junior Flat as described in Government Code Section 65852.22.

Adult Day Care. See Congregate Care or Living Facility (land use type).

Adult Entertainment (land use type) . Any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, videos, photographs or other materials, distinguished or characterized by an empha-

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sis on matter depicting, describing or relating to human sex acts, or by an emphasis on male or female genitals, buttocks or female breasts. Such activity includes adult book stores, adult arcades, adult movie theaters, sexual encounter establishments, adult cabarets, massage parlors and adult theaters, which exclude minors by virtue of age.

Affordable housing project: A residential development consisting of five or more units, not including any bonus units requested, in which:

1. At least 20 percent of the total units are affordable to low-income households,or

2. At least 10 percent of the total units are affordable to very-low-income households, or

3. At least 50 percent of the total units are senior housing (Government Code Section 65915(b) and Civil Code Sections 51.2 and 51.3)

Agriculture (land use type) : Areas in some form of cultivation such as row crops, orchards, or greenhouses, and the rearing of animals that contain a limited amount of greenhouse structures and buildings that support agricultural operations

Alcohol Sales, off-site (land use type) : Sales activity associated with alcoholic beverages being purchased for off-site consumption such as occurs at a liquor store or grocery store. A liquor store is distinct from a grocery story as the liquor store primarily sells wine, beer, and/or spirits and may also sell convenience merchandise including food products.

Alley: A public or private way to be used primarily for vehicular access to the back or side of a parcel of real property that otherwise abuts a street.

Allowed: Pertaining to hazardous materials, an instance in which the use of chemicals on a site is not regulated by the Zoning Code.

Alter: To create physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Antique Collector/Store: A specialty store which sells items that are desireable because its age, beauty, rarity, condition, utility, personal emotional connection, and/or other unique features. Such store may sell antiques, curios, gifts, souvenirs and collectible items including sports cards and comic books.

Applicant: Any individual, firm or any other entity that applies to the City for the applicable permits to undertake any construction or development project within the City.

Architectural features. An exterior building feature including roofs, windows, doors, cornices, canopies, porches, stoops, balconies, eaves, or similar design elements.

Artisan/Craft MFG (land use type) : Manufacturing (MFG) activity associated with artisanal products and crafts such as but not limited to saddles, bootwear, and jewelry. May also include on-site sales of products manufactured.

Art Gallery/Exhibition (land use type) : an establishment focused on the display, exhibition and sale of visual art.

Assisted Living Facility: See Congregate Care or Living Facility (land use type).

Attached Structure or Dwelling: Any structure which is structurally a part of, or has a common wall and/or continuous roof with a main structure, except where such connection is a breezeway or walkway incidental to and not a necessary part of the construction of the main building.

B. Definitions

Balloon Bobber: A reusable pre-formed balloon filled with regular air made of a durable PVC vinyl that does not need to be inflated, and typically attached to a short pole.

Big Box, Discount Clubs, and Discount Super-

stores: A retail superstore that sells a very wide range of merchandise, from large household appliances to items such as groceries and pharmaceuticals with more than the average amount of space and variety of stock. Size of building would exceed 50,000 square feet to be classified as a big box, discount club, or discount superstore.

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Block: An area of land separated from other areas by C. Definitions adjacent streets, railroads, rights-of-way, public areas or the subdivision boundary.

Car Wash (land use type) : A facility that provides washing service for vehicles. Such facilities may be an independent business on a site or part of the services provided by a Gas Station.

Brewpub (land use type) : An establishment that produces alcoholic beverages such as ales, beers, meads, hard ciders, in quantities of 10,000 barrels or less annually for all beverage types combined. This includes service of brewed beverages in conjunction with service of food, distribution of beverages for off-site consumption, and retail sales of beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). This does not include wholesale beverage sales.

Care Facility for the Elderly (land use type) : See Congregate Care or Living Facility (land use type).

Cinema (land use type) : An establishment showing film productions within an enclosed building.

City: The City of Tehachapi.

City Council. The Tehachapi City Council, referred to in the Zoning Code as the “Council.”

Broadcasting / Recording Studio (land use type) :

City Engineer. The Engineer of the City. The land surveying functions of the City. Engineer may be performed by the City Engineer if that person was registered as a civil engineer before January 1, 1982 (R.C.E. No. lower than 33,966), or is a registered land surveyor, by a City Surveyor if that position is created by the City, or by another person authorized by State law to perform land surveying and designated by the City Engineer (Government Code 66416.5).

A facility where information or programming is broadcast or recorded for usage by customers by radio, television, or internet.

Building Site : The ground area of a building or buildings together with all open spaces required by this code, and which site has its principal frontage upon a street.

Business and Personal Services (land use type) : Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:

Civic (land use type) : ot for profit organizations dedicated to the arts, culture, education, government, transit and municipal parking facilities.

• barber and beauty shops

Civic Building : A building that contains as it primary land use, any of the uses identified in the 'Office and Civic' category of the land use table for the zone.

• clothing rental

• dry cleaning pick-up stores with limited equipment

Civic Space: An open area dedicated for public use, typically for community gatherings.

• home electronics and small appliance repair

• locksmiths

• pet grooming with no boarding

• hair and beauty salons

• shoe repair shops

• tailors

• tanning salon

Collection Facility, small (land use type) : A facility open to the general public that receives and processes limited materials to be recycled such as paper, cans, glass, and plastic. Such facilities range from self-contained processing units that are temporarily located in a parking lot up to permanent facilities with area within a building or outside to temporarily store materials while they are processed or shipped off-site.

These uses may also include accessory retail sales of products related to the services provided.

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Congregate Care or Living Facility (land use

type): Any of the following types of facilities designed to provide housing for any group of persons that is subject to the oversight of a government agency, license requirements of any government agency or regulated by the California Code of Regulations, California Government Code, Health and Safety Code and/or California Code of Regulations:

Adult Day Care: A facility of any capacity that provides 24-hour-a-day nonmedical care and supervision to persons 18 years of age through 59 years of age; and persons 60 years of age and or older only in accordance with the Health and Safety Code Section 85068.4.

Assisted Living Facility: A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily individual needs of the residents. Assisted Living Facilities may include kitchenettes, (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services.

Elderly Care Facility: A housing arrangement chosen voluntarily by the residents, or the residents guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal (definition from California Code of Regulations Title 22, Division 6, Chapter 6, Residential Care Facilities for the Elderly). RCFE projects may include basic services and community space. RCFE projects include assisted living facilities, congregate housing, independent living

centers/senior apartments, and life care facilities as defined below.

Group Home: Any building, facility, premise, house, structure, dwelling unit, multiple dwelling, apartment house, or portion thereof, at which persons reside in a group occupancy setting, but not including a hotel, motel, fraternity, sorority, rooming and/or boarding house, rest home or family. This facility is generally characterized by the provision of a prearranged or organized household structure or program. Residents of a facility may also receive medical treatment in addition to any non-medical supportive services in a residential or congregate care setting, as opposed to a hospital.

Independent Living Center/Senior Apartment: Independent living centers and senior apartments are multi-family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing and kitchen facilities.

Life Care Facility: Sometimes called Continuing Care Retirement Communities, or Senior Continuum of Care Complex, these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance.

Transitional and Supportive Housing: Transitional housing is defined in Government Code Section 65582 as rental housing developments operated under program requirements that require termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point no less than six months from the begin-

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ning of the assistance. Transitional housing may be designed for homeless individuals or family transitioning to permanent housing. Supportive housing is defined in Government Code Section 65582 and has no limit on the length of stay, is linked to on site or off site services, and is occupied by a target population as defined in the Government Code Section 65582.

Coverage :

1. Structure: The floor area of the largest story of a structure divided by the total site area.

2. Accessory Structures: The sum of the footprint area of all structures on a lot.

County: Kern County.

D. Definitions

Data Center. A large group of networked computer servers typically used by organizations for the remote storage, processing, or distribution of large amounts of data.

Day Care (Large House): A day care facility located in a residence where an occupant of the residence provides care and supervision for 7 to 14 individuals. Children under the age of 10 years who reside in the home count as children served by the day care facility.

Day Care (Small House): A day care facility located in a residence where an occupant of the residence provides care and supervision for either six or fewer individuals, or eight or fewer children provided that no more than two of the children are under the age of two and at least two of the children are over the age of six. Children under the age of 10 years who reside in the home count as children served by the day care facility.

Day Care Center: Commercial or non-profit day care facility that provides non-medical care and supervision of individuals for periods less than 24 hours in a non-residential building. Includes infant centers, preschools, sick-child centers, child nurseries, schoolaged day care facilities and adult day care facilities.

These may be operated in conjunction with a school or church facility, or as an independent land use.

Days. Calendar days unless this Part or State law specifies otherwise.

Drive-Through (land use type) : The component of an establishment that caters exclusively to customers while in their vehicles.

Density Bonus: A density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and landuse element of the General Plan as of the date of application by the developer to the City (Government Code 65915(f)).

Department : The City’s Community Development Department.

Development : The uses to which the land which is the subject of a map shall be put, the structures to be constructed on it, and all alterations of the land and construction incidental to the uses, structures, and land (Government Code 66418.1).

Director : The Community Development Director or his or her designee.

Display . An item or arrangement of items indoors that is not attached to a window, door or wall.

Dwelling Unit: A room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

E. Definitions

Elderly Care Facility. See Congregate Care or Living Facility (land use type).

Electronic Message: A sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic

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means. A sign utilizing electronic message display technology is not a Single- or Two-Color LED Sign.

Emergency Shelter (land use type) : Housing with minimal supportive services for homeless persons limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Government Health and Safety Code 50801).

Employee Housing (land use type): Housing as described in California Health and Safety Code Sections 17021.5 and 17021.6, and employee housing defined in California Health and Safety Code Section 17008."

Environmental Assessment : An assessment conducted in compliance with the provisions of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21000 et seq.

F. Definitions

Family: A person living alone, or two or more persons living together as a single housekeeping unit, including necessary servants, in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, motel or hotel, fraternity or sorority house.

Farmworker Housing (land use type) : Any attached or detached dwelling unit used to house farm/ agricultural workers and their family members, including temporary mobile homes. For the purpose of calculating density, no more than one food preparation area shall be provided for each farmworker housing unit.

Flag: A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.

Flood: The threat of overflow stormwaters having the capability to flood lands or improvements, transport or deposit debris, scour the surface soil,

dislodge or damage structures, or erode the banks of channels.

Floor Area: The sum of the gross areas of all stories of a structure, measured from the exterior faces of the exterior walls. The floor area shall include any structure that has a roof and is enclosed so as to provide shelter from the elements on three or more sides.

Floor Area Ratio: The floor area of the building divided by the total site area.

Funeral Home (land use type) : An establishment where the dead are prepared for burial or cremation.

G. Definitions

Gas Station, commercial vehicles (land use type) : A facility selling gasoline to the general public for vehicles such as trucks, buses and heavy equipment which may include an on-site store selling a variety of food-related items and beverages.

Gas Station, non-commercial vehicles : (land use type) A facility selling gasoline to the general public for motorcycles, passenger vehicles, and recreational vehicles which often includes an on-site store selling a variety of food-related items and beverages.

General Plan: The City of Tehachapi General Plan, including all its elements and all amendments, as adopted by the City Council in compliance with Government Code Section 65300 et seq. and referred to in the Zoning Code as the “General Plan.”

Government (land use type) : Office activity that is in direct support of government agencies such as the City of Tehachapi, the County, the State or the Federal Government.

Granny Flat (land use type) : An attached or detached walk-up access dwelling which provides complete independent living facilities for one or more persons and which is located or established on or adjacent to the garage of the same lot on which a single-family house is located. Such a dwelling may contain permanent provisions for living, sleeping, eating, cooking and sanitation. This definition includes ‘secondary dwelling’.

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Green (land use type) : Large unobstructed areas for passive or active recreation throughout neighborhoods. Greens are between 1/2 and 2 acres in size and often contain Community Gardens and Playgrounds. Greens are primarily landscaped.

Greenway (land use type): Community and regionally-oriented, passive open spaces as they often traverse multiple neighborhoods. Greenways are at least 25 feet wide, are opportunistic such as the reclaiming of areas within overhead utility easements or are sometimes in response to natural conditions such as an existing natural feature that serves as a convenient backdrop. Greenways are primarily landscaped.

Ground Floor (land use type) : Dwelling(s) located on the first floor of a building’s street-facing façade(s).

Group Home. See Congregate Care or Living Facility (land use type).

H. Definitions

Health / Fitness (land use type) : A land use that provides health training and equipment that may include on-site shower facilities, food and beverages.

Height:

1. Sloping Lot . In any zone on lots that slope, the maximum height of the structure shall be as set forth in the district and measured vertically from ground level at the front setback line, or if no setback is required, at the center of the lot.

2. Non-Transect Zones. For the purpose of establishing required setbacks, height shall be defined for every point within the footprint area of an accessory structure, including a treehouse, as the vertical distance between grade and the highest part of the structure directly above. Height in all cases shall include any slab, platform, pad, mound or similar elevated base above pre-existing grade.

• b. Overall. The vertical distance between grade and the highest part of the structure directly above.

Home Occupation (land use type) : A discretionary permit issued by the Planning Manager for home businesses located in a dwelling. See Chapter 9.40 (Home Occupation Permit).

Hotel / Motel (land use type) : A lodging establishment providing individual rooms to be rented for no less than a day.

Household Pets: Animals permitted in a dwelling and kept only for the company or pleasure provided to the occupants.

I. Definitions

Illumination, External: Illumination resulting from the face of the sign reflecting light from an external light source intentionally directed upon it.

Illumination, Internal: A form of sign illumination that includes cabinet signs, single-color LED signs, signs constructed with pan channel letters, or indirect halo illuminated channel letters on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.

Improved: An area which has been paved or planted and is permanently maintained as such.

Improvements. Includes all of the following:

1. Bridges, curbs, driveways, flood control or storm-drainage facilities, freeways, gutters, interchanges, lighting facilities, overcrossings, public utilities, sanitary sewers and facilities, sidewalks, street work, traffic controls, water facilities, landscaping and fences to be installed by the subdivider on the land to be used for public rights-of-way, private streets and easements as a condition of map approval; and

3. Transect Zones. Height is determined in two ways: a) number of stories and b) maximum overall height.

• a. Number of stories. The number of stories in a structure allowed above grade. See Stories.

2. Any other improvements necessary to implement the General Plan or a specific plan and as defined by Government Code 66419 (Sections 66419, 66452.6(a) (3)).

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Incentive: As applies to density bonuses, a regulatory or financial concession, grant, refund, or waiver which reduces or avoids project costs.

Independent Living Center/Senior Apartment:

See Congregate Care or Living Facility (land use type).

Indoor Recreation (land use type) : An establishment providing indoor amusement and entertainment services for a fee or admission charge, including any of the following as primary uses:

• bowling alleys

• card rooms

• coin-operated amusement arcades

• dance halls, clubs and ballrooms

• electronic game arcades (video games, pinball, etc.)

• ice skating and roller skating

• pool and billiard rooms

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

Inn, B&B (land use type) : A lodging establishment of no more than 25 rooms providing individual rooms to be rented for no less than a day and that includes breakfast service.

K. Definitions

Kitchen : A room that is utilized for the preparation of food and contains a kitchen sink.

L. Definitions

Land Development Committee (LDC): The Land Development Committee Meeting (LDC) is intended to rally all relevant stake holders

including the applicant around a project early on in the process in order to address issues, develop draft conditions and help navigate the project through the entitlement process.

Laundromat / Dry Cleaning (land use type) : An establishment with coin-operated washing machines and dryers for public use.

Library (land use type) : Public or quasi-public facilities with literature, art and educational material for viewing or loaning, examples of which include: art galleries and exhibitions, historic exhibits, and libraries. May also include accessory retail uses such as a gift/book shop, etc.

Life Care Facility. See Congregate Care or Living Facility (land use type).

Live/Amplified Music (land use type) : A land use focused primarily on live music performances, inside or outside, which may or may not include the use of amplifiers.

Live/Work Unit. A dwelling unit located within an existing, operating commercial, or industrial building. The unit may provide complete independent living facilities for one or more persons and may have permanent provisions for living, sleeping, eating, cooking and sanitation.

Loading spaces, off-street: Permanently improved and maintained areas contiguous to the site, not less than 12 feet in width, 25 feet in length, with a clearance height of not less than 16 feet.

Lot : A portion of land separate from others and delineated or described as a single integral unit on a subdivision map or by other map approved under the Subdivision Map Act.

Lot Area: The computed area contained within the lot or property lines.

Lot, Corner: A lot bounded on two or more adjacent sides by street lines at their intersection; provided, that the interior angle of intersection does not exceed 135 degrees, or a width not greater than 75 feet. The point of intersection is the corner.

Lot Coverage: See "Coverage".

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Lot, Interior: A lot other than a corner lot.

Lot, Key: A lot with a side lot line that abuts the rear lot line of one or more adjoining lots.

Lot Line. Any recorded boundary of a lot.

Lot, Reverse Corner: A corner lot which has its exterior sideyard adjacent to the front yard of the abutting lot.

Lot, Through: A lot, other than a corner lot, having frontage on two parallel, or approximately parallel, streets.

Lot Width and Depth : Lot width is the shorter average horizontal dimension, generally perpendicular to the longer average horizontal dimension, which is the depth.

M. Definitions

Manufacturing (land use type): Manufacturing that includes both perishables and non-perishables. See "Manufacturing, perishable" and "Manufacturing, non-perishable."

Manufacturing, perishable (land use type) : The making of products intended for purchase and use in the short term such as food and condiments using machinery.

Manufacturing, non-perishable (land use type) : The making of products that are non-perishable using machinery.

Medical Services (land use type) : A facility other than a hospital where medical, dental, mental health, surgical, massage (certified, therapeutic, non-sexual), and/or other personal health care services are provided on an outpatient basis (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. These facilities may also include incidental medical laboratories.

Meeting Facility (land use type) : A facility that is available for public assembly, such as a confer ence hall, club hall, lodge, performing arts center, amphitheater, or event facility, or for religious wor ship, such as a church, temple or mosque.

Micro-Brewery (land use type) : An establishment that brews less than 310,000 gallons (10,000 barrels) of alcoholic beverages such as ale, beer, mead, hard cider and does not exceed 5,000 square feet of floor area.

Mobile Home Park/Subdivision (land use type) : An area containing house trailers that are parked in one particular place and used as a permanent living accommodation.

Motor Vehicle Sales, new (land use type) : activity focused on the sale of new motor vehicles that involves the display of inventory.

Motor Vehicle Sales, used (land use type) : activity focused on the sale of used motor vehicles that involves the display of inventory.

Motor Vehicle Rentals (land use type) : Activity focused on the rental of motor vehicles with the inventory being readily available either on-site or in a remote site.

Multi Family Residential (land use type) : a building occupied by multiple households in multiple dwellings.

N. Definitions

Nature (land use type) : Areas that are to remain undeveloped and that generate their physical character through their natural topography, trees and plants.

Nightclub (land use type) : A land use associated with an establishment focused primarily on dancing, that may or may not include alcoholic beverages and typically is open later than most restaurants.

Nature (land use type) : Natural, uncultivated areas not developed with neighborhoods, districts, corridors or their fragments. Buildings in natural areas are utility oriented or in support of allowed tourism activity associated with the natural resources.

Neon: An illumination source created when a glass tube filled with neon or other similar gas

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emits light when energized. The tube can be bent to form letters, symbols, or other shapes.

New Construction: The placement of uses or structures on a property upon which no existing construction has taken place. New construction shall include requests for new development under the provisions of a site plan approval, use permit, subdivision, variance, or building permit.

New Use: Any purpose for which land or premises, or a structure thereon, is improved, occupied, utilized, built or constructed for said purpose, which has not before existed on said land or premises, or any purpose for which a structure is rebuilt or reconstructed more than 60 percent of its then assessed value.

Nits: The standard unit used to measure the luminance of a surface, such as the face of a sign. One nit is equivalent to one candela (i.e. the light output of a common wax candle) per square meter.

Nonconforming Lot : A lot that was legally created before the effective date of the Zoning Code or amendment, and does not comply with the minimum area, depth, width, or other applicable requirements of the Zoning Code.

Nonconforming Structure : A structure that lawfully existed before the effective date of the Zoning Code or amendment, and does not conform to the present requirements of the zone in which it is located.

offices, real estate offices, travel agencies, counselling services, news services, telemarketing, utility company offices, elected official satellite offices, etc.

Off-street Parking: An area located on private property available for public use for the short-term temporary storage of passenger vehicles, with or without the specific permission of the owner, including a public or private parking lot where parking is the principal use of the property

Open Storage: The use of a site for the keeping or storing goods, commodities, or equipment not within an enclosed building, or the use of shipping containers or any other structure for storage purposes that is not architecturally similar to the main or primary building on the site. Open storage does not include public parking or the parking or storing of vehicles.

Outdoor Dining (land use type) : Restaurant activity (breakfast, lunch, dinner) associated with a restaurant that occurs outside of the building typically along the street-facing façade of the building and within the public right-of-way on the sidewalk.

Outdoor Recreation (land use type) : Establishments that provide outdoor amusement and entertainment services for a fee or admission charge. May also include related commercial facilities, including country clubs, bars and restaurants, video game arcades, etc. Examples include:

• miniature golf

• swim clubs

Nonconforming Use : A use of land and/or a structure (either conforming or nonconforming) that lawfully existed before the effective date of the Zoning Code or amendment, but which is no longer allowed in the zone in which it is located.

• aquariums.

P. Definitions

Parcel: See "Lot."

Non-Transect Zones: Zones not conforming to any single band of the Transect and not starting with T.

O. Definitions

Office, General (land use type) : Business and professional services. Examples of these uses include accounting services, insurance agent

Passage (land use type): A public place or path designed for walking that is often within a block, between buildings or along the edge of a public open space.

Pedestrian Shed: An area centered on a common destination that is an average one-quarter mile radius or 1,320 feet, and that represents approximately a five-minute walk at a leisurely pace. The common

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destination for a pedestrian shed can be a park, school, transit destination, commercial establishment or civic use.

Performance Standards: Regulations for the control of dangerous or objectionable elements.

Personal Services, restricted (land use type) : Personal services that may tend to have a blighting and/ or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

• blood plasma sales centers

• pawnshops

• spas and hot tubs for hourly rental

• tattoo and body piercing services

Planning Commission: The City of Tehachapi Planning Commission, referred to in the Zoning Code as the Commission.

Playground (land use type) : An open space type that can be very urban, suburban or rural depending upon its physical context. Playgrounds are intended for recreational use by the neighborhood and have no size requirements. Playgrounds sometimes contain a small house-form building for civic purposes, maintenance or for small commercial activity.

Plaza (land use type): The most urban of open spaces, available for civic and commercial activity. Plazas are between 4,000 square feet and 4 acres in size, adjacent to at least one street and are spatially enclosed by buildings along one or all sides. Buildings along plazas have ground floor frontages per the zone. Plazas may be hardscape entirely or a combination of landscape and hardscape depending upon the intended physical character for the zone.

Power / Electrical Substation (land use type) : A facility providing electrical power and distribution to customers. Such facilities include high voltage equipment and supporting infrastructure.

Private Street: Any street not a public street.

Pub/Bar (land use type) : An establishment focused

on alcoholic beverage sales that includes food and may include dancing but does not include a night club.

Public Property: Any property publicly owned outside of the designated public right-of-way.

Public Street: A street for which the right-of-way is owned by or offered for dedication to the public and accepted by the City.

R. Definitions

Recreational Vehicle (RV): A motor home, slidein camper, travel trailer, truck camper, camping trailer with or without motor power, designed for human habitation for recreational or emergency use. This shall also include a utility trailer.

Recreational Vehicle Park (land use type) : Any area or tract of land where one or more lots are rented for relatively short-term occupancy to owners or users of recreational vehicles or travel trailers. Recreational vehicle (RV) parks may include public restrooms, water, sewer, and electric hookups to each lot. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

Religious Institution: A building, its accessory buildings and uses, where persons regularly assemble for worship, which is maintained by a religious body organized to sustain public worship.

Regulating Plan: The official zoning map of the City of Tehachapi that is a part of this Zoning Code. The Regulating Plan graphically shows and delineates the various zone boundaries. for transect and non-transect zones

Remodeling: A change in the exterior of an existing structure by 25 percent or more of the current assessed value of the structure.

Renovation:

1. A structural change to the foundation, roof, floor, or exterior of load-bearing walls of a facility, or the extension of an existing facility to increase its floor area.

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Chapter 11.10 Definitions

2. Alteration of an existing facility such as to significantly change its function, even if such renovation does not include any structural change to the facility.

Repair, Commercial, motor vehicles (land use type) : Activity focused on the repair and maintenance of motor vehicles that is performed on a site allowed to have such activity.

Repair, Commercial, non-vehicular (land use type) : Activity focused on the repair and maintenance of non-vehicular items such as vacuum cleaners, clocks, and other hardware with the repair activity usually occurring on-site.

Restaurant (land use type) : An establishment focused on food sales that may or may not include alcoholic beverages as well as dancing but does not include a night club.

Retail (land use type) : Premises available for the sale of merchandise and food service. This does not include Tobacco Centric Venues.

Reverse Vending Machine (land use type) : A vending machine that dispenses cash in exchange for items such as cans to be recycled.

Review Authority: The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by the Zoning Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 9 (Procedures).

Roof Garden (land use type) : A gathering space on the roof of a building. Roof gardens may be for private use as aprt of a civic building or activity, restaurant. On large civic buildings, roof gardens may have recreatiional space such as tennis or basketball enclosed by appropriate and decorative fencing.

Rooming and Boarding House (land use type) : A lodging house, or other structure maintained, advertised or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole, or any part of the pub-

lic whether with or without meals. Rooming house includes fraternity and sorority houses.

S. Definitions

School, College, University (land use type) : An institution at which instruction is given in a particular discipline such as general education, cooking, dancing, painting and sculpting, automotive repair.

Secondary Dwelling : See "Granny Flat".

Secondhand Stores (land use type) : A retail store principally selling previously owned items (e.g., clothing) as distinct from an antique or collectible store which sells antiques, curios, gifts and souvenirs, and collectible items including sports cards and comic books.

Setback . The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline.

Setback, Front: An area extending across the full width of the lot between the front lot line and the applicable setback measurement.

Setback, Interior Side: An area between a side lot line and the applicable setback measurement extending between the front and rear setbacks.

Setback, Rear: An area extending the full width of the lot between a rear lot line and the applicable setback measurement

Setback, Street Side: An area between a side lot line adjacent to the street and the applicable setback measurement extending from the front setback line to the rear lot line.

Sign: A structure, device, figure, display, message placard or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended or used to advertise, provide information in the nature of advertising, provide historical, cultural, archeological, ideological, political, religious, or social information, or direct or attract attention to an object, person, institution, business, product, service, message, event or location by any

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Chapter 11.10 Definitions

means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.

Sign, Abandoned: Any sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.

Sign, Awning: Any sign that is part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.

Sign, A-Frame: A pedestrian oriented temporary sign that is not permanently affixed to a structure or the ground to advertise special goods, services, or products offered on the site (also known as a Sandwich Board Sign or an Upright Sign).

Sign, Banner: A temporary sign constructed of cloth, bunting, plastic, paper, or similar material and securely attached to a wall or support structure. Flags are not considered temporary banners.

Sign, Billboard: A permanent structure for the display of a commercial or non-commercial message

Sign, Building Identification: A permanent sign consisting of letters or numbers applied to a building wall, engraved into the building material, or consisting of a sculptural relief which contains the name of the building or describes its function, but which does not advertise any individual tenant of the building or any products or services offered.

Sign, Building-Mounted: A permanent sign attached to, connected to, erected against the wall, parapet, or fascia of a building or structure with the exposed face of the sign in a plane parallel to the vertical face of the building or structure.

Sign, Canister: A permanent building-mounted or freestanding sign with its text and/or logo symbols and artwork on a translucent face panel that is mounted within a metal frame or cabinet either that contains the lighting fixtures which illuminate the sign face from behind.

Sign, Canopy: A permanent sign that is printed, painted, or affixed to a canopy, typically used to accent building entries.

Sign, Changeable Copy: A permanent sign that is designed so that characters, letters, numbers, or illustrations can be manually or mechanically changed or rearranged without altering the face or surface of the sign.

Sign, Directional: A permanent sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.

Sign, Directory: A permanent sign on a multitenant site providing information including a list of tenants and occupants, addresses and suite numbers or a map of the building or complex. Such signs are typically internal to a center, oriented to pedestrians, or motorists circulating in a parking lot rather than vehicles travelling on an arterial street.

Sign, Electronic Message: A permanent sign or portion of a sign that utilizes computer-generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. An Electronic Message Sign is not a Single- or Two-Color LED Sign .

Sign Face: The exterior surface of a sign, exclusive of structural supports, on which is placed the sign copy.

Sign, Feather Banner: A sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.

Sign, Freestanding: A permanent sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.

Sign, Fuel Pump Topper: A temporary sign affixed to the top of an operable fuel dispensing pump used to advertise goods offered for sale on the same parcel on which the fuel pump is located.

Sign, Hanging: A permanent sign hanging beneath a projecting canopy, walkway cover, awning, ceiling, or marquee.

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Sign, Incidental: A sign which provides incidental information including security, credit card acceptance, business hours, open/closed, directions to services and facilities, or menus.

Sign LED: A permanent or temporary sign consisting of light emitting diodes (electronic components that let electricity pass in only one direction) that emit visible light when electricity is applied.

Sign, Monument: A permanent freestanding sign, with a solid base that is equal to or larger than the width of the sign face. Monument signs are intended for viewing by vehicles travelling on an arterial street.

Sign, Off-premise: Any sign that directs attention to a business, commodity, service, entertainment, product, structure, use or property different from a structure or use existing on the property where the sign is located, and/or any sign on which space is rented, donated, or sold by the owner of said sign or property for the purpose of conveying a message.

Sign, On-Premise: Any sign directing attention to a business, commodity, service, or offered upon the same premises as those upon which the sign is maintained.

Sign, Permanent: A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Sign, Pole: An elevated permanent sign typically supported by one or two poles or posts that do not meet the base width requirements for a monument sign and excluding a flag pole.

Sign, Projecting: A permanent sign that is perpendicular to the face of a building and projects outward from the building face.

Sign, Roof-Mounted: Any sign erected, painted, or attached on or over the roof of a building.

Sign, Single-Color or Two-Color LED: A permanent or temporary sign or portion of a sign com-

posed of single-color or two-color LEDs that displays static or changeable sign messages using characters, letters, and numbers only. Examples of these signs include, "open" or "closed" signs," “time and temperature" signs or signs indicating the number of available spaces in a parking facility.

Sign, Temporary: A sign constructed of paper, cloth, vinyl, fabric, or similar material, which is intended for a definite and limited period of display and which is not permanently affixed to a structure, sign area, or window.

Sign, Walker: A person who wears, holds, or balances a sign.

Sign, Wall: A permanent sign affixed to or erected against the wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of wall or fascia to which it is affixed or erected.

Sign, Window: A permanent or temporary sign posted, painted, placed, or affixed in, on, or within six inches of a window, or otherwise exposed to public view through a window. Windows on an elevation within six inches of another window are considered one contiguous window.

Sign, Yard, Type I: A small temporary sign typically constructed of corrugated plastic and supported on an H-shaped wire frame used for example, for advertising by local businesses or by election campaigns (Synonym: Lawn Sign).

Sign, Yard, Type II: A temporary sign mounted on a single post installed securely in the ground with a small sign hanging from a cross-bar mounted parallel to the ground.

Sign, Yard, Type III: A temporary large typically wooden sign mounted on two posts installed securely in the ground.

Single Family Residential (land use type) : A building occupied by no more than one household for a total of one dwelling.

Single Room Occupancy (land use type) : A multiple tenant building that houses one or two people in individual rooms. Tenants usually share bathrooms

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and/or kitchens, while some SRO rooms may include kitchenettes, bathrooms, or half-baths.

Site Plan: A base sheet that includes the basic information that will appear on all plans, such as natural features, roads, buildings, or other structures to remain on-site.

Small Collection Facility (land use type) : See "Collection Facility".

Specific Plans: A detailed plan for the systematic implementation of the General Plan, for all or part of the area covered by the General Plan, as authorized by Government Code Sections 65450 et seq.

Sportsfield (land use type): A space or series of open spaces designed for sports activities. Sportsfields often accommodate several individual sports games at the same time and may feature a concession area and seating for spectators.

Square (land use type): Squares are similar to plazas in their role as a civic open space but are distinct by their higher proportion of landscape to hardscape. Squares are available for civic and commercial activity as well as ground floor residential activity and urban farming. Squares are between 1/4 and 1 acre in size, adjacent to at least three streets and are spatially enclosed by buildings along one or all sides. Buildings along squares have ground floor frontages per the zone. Squares are entirely landscape or a combination of landscape and hardscape depending upon the intended physical character for the zone.

State . The State of California.

Storage and Warehousing (land use type}: An establishment engaged in the storage of goods and vehicles including limousine service, towing facilities, moving truck companies, mini-storage (self-storage), and Recreational Vehicle storage. This does not include motor vehicle sales,rental, or repair.

Story : The portion of a structure included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above.

any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.

Story, Half: A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes, other than for a janitor or caretaker and his or her family, shall be deemed a full story.

Street : A strip of land which provides direct access to parcels. Street includes a public or private street, alley, avenue, court, crossing, highway, intersection, lane, road, or square.

Street Frontage: Pertaining to signage, the lineal length of that portion of a lot abutting a street.

Structural Alteration: Any change in the structural members of a structure, such as walls, columns, beams or girders.

Subdivision Map Act (the Act): Government Code Division 2, Subdivisions, Sections 66410 et seq., as it may be replaced or amended from time to time, and referred to in this Article as the Act.

Supportive Housing: See "Transitional and Supportive Housing."

T. Definitions

Telecommunications Facilities (land use type) : Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.

Story, First: The lowest story or the ground story of

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Temporary Signs: A display of a device made of light-weight cloth material, vinyl, cardboard or wood intended to be displayed for a limited time period. This includes but is not limited to advertising signs staked into the ground, banners and pennants.

Temporary Use (land use type) : Short-term activities that are not allowed on a permanent basis but because of their temporary, non-permanent or seasonal nature, are acceptable. Such uses include but are not limited to farmer’s markets, festivals, parades, and construction activity.

Tobacco Centric Venues (land use type): Any establishment engaged in the selling (wholesale or retail) of tobacco, tobacco products, imitation tobacco products, electronic smoking devices, or tobacco paraphernalia or any facility, building, structure, or location where customers engage in the use, smoking, or Inhalation of nicotine or other substance within the establishment. This includes vapor bars/lounges, hookah bars/ lounges, and cigar shops/clubs.

Trailer: A vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. The term “trailer” shall also include, but not be limited to, vehicles designed for use as mobile homes or other sleeping quarters; for the conduct of any business, trade, or occupation; for advertising, exhibition, or sales purposes; and for the storage or conveyance of animals, goods, tools, machinery, boats and other equipment.

Transect Zones. The zones for areas that are implemented through a form-based code in order to continue or generate walkable environments. Transect zones are organized on a continuum of intensity from natural to urban in response to the Tehachapi General Plan and utilize a range of physical components such as building types, frontage types, open space types as appropriate to the area in Tehachapi.

board transit ranging from taxi cabs and shuttles to buses and trains.

Transitional and Supportive Housing: See Congregate Care or Living Facility (land use type).

Travel Trailer Park. A site where one or more lots are used, or are intended to be used, by travel trailers. Travel trailer parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher-density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve travel trailer park patrons only.

U. Definitions

Use, Principle : The main or primary use or uses conducted on a parcel or located within a structure or within a portion of a structure which is separated structurally from other uses within the same structure, not to include an accessory use as defined herein or a subordinate department of a main or primary use.

Use, Temporary : The use of land or premises or a structure thereon for a limited period of time which does not change the character of the site, premises, or uses therein

V. Definitions

Variance. See Chapter 9.90 (Variances).

Veterinary Clinic/Boarding (land use type) : A medical establishment for animals with on-site staff and facilities that serves animal patients, excluding large animals, with a variety of medical services ranging from diagnoses to surgery and includes boarding.

Veterinary Clinic/Boarding (large animal) (land

use type): A medical establishment for large animals which may include, but not be limited to horses, cattle and sheep, with on-site staff and facilities that serves animal patients with a variety of medical services ranging from diagnoses to surgery.

W. Definitions

Transit Station (land use type) : a facility that provides the general public the opportunity to

Wine Tasting (land use type) : Facility allowing wine tasting with on-site and off-site retail sales directly

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to the public (or shipped). The tasting room facility must be directly affiliated with a minimum of one brewery/winery (meeting the requirements of the Alcoholic Beverage Control (ABC) appropriate license type such as: Type 2 Winegrower license). The Tasting Room may be operated within a winery facility, accessory to separate on-site use or as a stand-alone retail use. Tasting Rooms must comply with standard retail land use hours of operation (7:00 a.m. to 11:00 p.m.).

Z. Definitions

Zone : A mapped area to which a uniform set of regulations applies; or a uniform set of regulations including a list of allowed uses and standards for development.

Zone, Change of : The legislative act of removing one or more lots from one zone and placing them in another zone on the official regulating plan of the City.

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Zoning Code City of Tehachapi, CA

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