§9232.2 RULES FOR CONSTRUCTION OF LANGUAGE

The following rules of construction shall apply:

A. The specific shall control the general. B. The word “shall” is mandatory and not discretionary. C. In the case of a difference in meaning or implication between the text of any provision and any caption or illustration, the text shall control. D. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. E. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. “And” indicates that all connected items or provisions shall apply.

on, the text shall control. D. Unless the context clearly indicates to the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. E. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows: 1. “And” indicates that all connected items or provisions shall apply.

2. “Or” indicates that all connected items or provision may apply singly or in any combination. 3. “Either ... or” indicates that the connected items or provisions shall apply singly but not in combination. F. The word “uses” shall include arranged, designed, constructed, altered, converted, rented, leased, or occupied. G. All references to departments, commissions, boards, or other public agencies pertain to those of the City of Ukiah, unless otherwise indicated. H. All references to public officials pertain to those of the City of Ukiah and include designate deputies of such officials, unless otherwise indicated. I. All references to days pertain to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day. J. Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (Ord. 1139, §2 (Exh. A, 13.020), adopted 2012) §9232.3 DEFINITIONS For the purpose of this article, the phrases and terms herein shall have the following meanings: A. Definitions “A”: ACCESSORY BUILDING: A building subordinate to the principal (primary) building on the same parcel and serving a purpose clearly incidental to an allowed principal use of the parcel or of the building. ACCESSORY USE: A use typically associated with and subordinate to a principal use established on the same parcel, which does not alter the principal use or serve property other than the parcel where the principal use is located. ADULT CABARET: A nightclub, theater, or other establishment which features live performances by dancers, “go-go” dancers, exotic dancers, strippers, mud or oil wrestling, or other similar entertainers where such performances are distinguished by an emphasis on specified sexual activities or anatomical areas, whether covered or not. ADULT ENTERTAINMENT BUSINESS: Any business operated at a fixed location by any name, which specializes in sales, service or showings that appeal to prurient interests, sexual appetites, fantasies and curiosities, including but not limited to: the sale of sexually oriented and adult-restricted books, magazines, videotapes, or other devices; the showing of sexually oriented and adult-restricted movies and videos; and the live performance of actual, simulated or suggested sexual activities. AGRICULTURE EQUIPMENT SALES OR RENTAL: A business engaged in the sale or rental of equipment, materials, supplies and tools to serve farming, ranching or timber interests and businesses. May also include the servicing and repair of equipment. ALCOHOLIC BEVERAGE SALES: The retail sales of beer, wine, and/or other alcoholic beverages for off-premises consumption. ALLEY: A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage that is not intended for general traffic circulation (see Figure 14). ARCADE: A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at the sidewalk level remains at the frontage lines (see Table 8: Private Frontage Types). ARTISAN/CRAFT PRODUCT MANUFACTURING: An establishment manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and crafts products. ARTISAN SHOP: A retail store selling handcrafted items, such as art glass, ceramics, or jewelry, where the facility includes an area for the crafting of the items sold. AUTO-ORIENTED USE: Land uses and buildings where the design is auto-dominated or focused on a common mall or parking lot rather than on a public street. Examples include shopping centers or malls, drive-through, and drive-up uses. AWNING: A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade (see Table 8: Private Frontage Types). B. Definitions “B”: BALCONY: An elevated platform projecting from the wall of a building and enclosed by a railing or a parapet (see Figures 5 through 8). BALCONY, FRENCH: A shallow balcony, almost flush with a facade, accessed by a single pair of inward-swinging doors, which does not interrupt the spatially defining character of facades. French balconies visually transform the adjacent interior room into an outdoor space. BAR: See section 9278 of this code, Definitions. BED AND BREAKFAST: Any building or establishment or portion thereof providing guest bedrooms for a lodging fee, which may include meal service in a common dining area, and which do not include cooking facilities in the guest bedroom. BLOCK: The aggregate of private lots, passages, and alleys bounded by the block perimeter. See also “Block Perimeter.” BLOCK FACE: The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony. BLOCK PERIMETER: The circumference of a block in lineal feet as measured along the back of the sidewalk. BUILDING HEIGHT: The vertical extent of a building measured by the number of stories, excluding a raised basement. Height is measured to the eave of a sloped roof, excluding the roof above the eave, or the surface of a flat roof, excluding the parapet above the surface of the roof. Each story shall not exceed fourteen feet (14') clear. Building heights may be superseded by the Ukiah Airport Master Plan height restrictions (see Figures 2A and 2B).

measured by the number of stories, excluding a raised basement. Height is measured to the eave of a sloped roof, excluding the roof above the eave, or the surface of a flat roof, excluding the parapet above the surface of the roof. Each story shall not exceed fourteen feet (14') clear. Building heights may be superseded by the Ukiah Airport Master Plan height restrictions (see Figures 2A and 2B).

BUILDING SITING: The placement of a building on its lot (see Figures 3A through 3C).

BUILDING TYPE: A structure category determined by siting on the lot and configuration including frontage and height (see Table 5: Building Types).

BUILDING USE: See “Use.”

BUSINESS SUPPORT SERVICES: An establishment within a building that provides services to other businesses. Examples of these include copying and quick printing services, blueprinting, computer rental and repair, retail film processing and photo finishing, and security system services.

C. Definitions “C”:

CARPORT: An attached or detached structure enclosed on no more than two (2) sides used as noncommercial parking and shelter for automobiles or other vehicles and where the size of the parking space complies with the minimum size for standard parking stalls.

CERTIFIED ARBORIST: An arborist that possess a current certified arborist certificate from the International Society of Arboriculture and that is a current member of the American Society of Consulting Arborists.

CHAPEL: See section 9278 of this code, Definitions.

CHILD DAYCARE: A facility that provides nonmedical care and supervision of minor children for periods of less than twenty-four (24) hours. These facilities include all of the following, all of which are required to be licensed by the California State Department of Social Services:

1. Child Daycare Center: Commercial or nonprofit child daycare facilities designed and approved to accommodate fifteen (15) or more children. Includes infant centers, preschools, sick-child centers and school-age daycare facilities. These may be in conjunction with a school or church facility, or as an independent land use.

2. Large Family Daycare Home: A daycare facility located in a single-family residence where an occupant of the residence provides care and supervision of seven (7) to fourteen (14) children. Children under the age of ten (10) years who reside in the home count as children served by the daycare facility.

3. Small Family Daycare Home: A daycare facility located in a single-family residence where an occupant of the residence provides care and supervision of eight (8) or fewer children. Children under the age of ten (10) years who reside in the home count as children served by the daycare facility.

CHURCH: See section 9278 of this code, Definitions.

CIVIC BUILDING: A building designed specifically for a civic use. The specifics of building design shall be determined through the permit process. Civic buildings are subject to the requirements of this code, including but not limited to allowed uses, development standards and architectural standards.

CIVIC SPACE: An outdoor area dedicated for public use. Civic space types are defined by the relationship among certain physical elements, such as their intended use, size, landscaping, and buildings along the frontage line (see Table 2: Civic Spaces). CIVIC USE: Activities, uses, buildings, spaces or sites operated, owned, or conducted by public or nonprofit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. CLOTHING AND FABRIC PRODUCT MANUFACTURING: An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory (see “Personal Services”).

COCKTAIL LOUNGE: See section 9278 of this code, Definitions.

COMMERCIAL RECREATION – INDOOR: Establishments providing indoor amusement and entertainment for a fee or admission charge, including:

COMMERCIAL USE: The term collectively defining office, retail, and service uses.

COMMUNITY CARE FACILITY – SEVEN (7) TO TWELVE (12) CLIENTS: As defined by California Health and Safety Code.

COMMUNITY CARE FACILITY – SIX (6) OR FEWER CLIENTS: As defined by California Health and Safety Code.

COMMUNITY GARDEN: An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or nonfood, ornamental crops, such as flowers primarily for personal or group use, consumption or donation. Community gardens may be divided into individual plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include areas maintained and used by group members. May also include occasional educational or promotional events related to garden activities.

CONDOMINIUM: An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a commercial or residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of a project.

CONFERENCE, CONVENTION, OR EXHIBITION FACILITY: One or more structures accommodating multiple assembly, meeting, and/or exhibit rooms and related support facilities (e.g., kitchens, offices, etc.).

CONTEXT: Surroundings made up of the particular combination of elements that create a specific setting.

CONVALESCENT SERVICES: See section 9278 of this code, Definitions.

CONVENIENCE STORE: See “General Retail.”

CORRIDOR: A lineal geographic system incorporating transportation and/or greenways. A transportation corridor may form the boundary of an urban transect zone.

COURTYARD BUILDING: A building that occupies the boundaries of its lot while internally defining one or more private patio areas (see Table 5: Building Types, and Figure 3C).

D. Definitions “D”:

DRIVE-THROUGH: A facility where food and other products may be purchased or services may be obtained by motorists without leaving their vehicle. Examples of these include fast food restaurants, drivethrough coffee, pharmacies, drive-through teller windows and automatic teller machines (ATMs). Does not include fueling stations/gas stations or other vehicle services which are separately defined.

DWELLING, DUPLEX: See “Dwelling, Multiple.”

DWELLING, MULTIPLE: A building designed or used exclusively as a residence including two (2) or more separate dwelling units. This definition includes but is not limited to duplexes, triplexes, apartments, and condominiums under a common ownership. See also “Mixed-Use.”

DWELLING, SECOND UNIT: See section 9278 of this code, Definitions.

DWELLING, SINGLE HOUSEHOLD: A freestanding building designed for and/or occupied by one household.

DWELLING, SINGLE ROOM OCCUPANCY: A living space with a minimum of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet restricted to occupancy by no more than two (2) persons. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

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 “E”:

EAVE: The part of the roof that extends over the exterior wall.

EDGE YARD BUILDING: A building that occupies the center of its lot with setbacks on all sides (see Table 5: Building Types).

ELECTRIC VEHICLE CHARGING STATION: Facilities for the charging of electric vehicles. This use is typically accessory to another use located on the same parcel. For example, providing a charging station(s) in a public parking lot or a parking lot that serves a business located on the same parcel.

ELEVATION: An exterior wall of a building that is not located along a frontage line.

ENTRANCE, PRINCIPAL: See “Principal Entrance.”

EQUIPMENT RENTAL: A service establishment that may offer a wide variety of household and business equipment, furniture, and materials for rental. Does not include construction equipment rental, which is separately defined. EXCEPTION: A ruling that would permit a practice that is not consistent with a standard of this code. This code distinguishes between major and minor exceptions (see section 9231.5 of this code, Exceptions, and Table 29: Exception Procedures).

EXPRESSION LINES: Architectural accents on a building facade between the ground floor commercial and the floors above, designed so that the retail level acts as a base for the floors above. The retail/commercial floor is typically more detailed than the floors above (see Figures 5 and 7).

F. Definitions “F”:

FACADE: The exterior wall of a building that is set along a frontage line. See “Frontage Line.”

FARMERS MARKET – CERTIFIED: A market where the items sold by the vendor are produced by the vendor selling the items.

FEED STORE AND FARM SUPPLY: A retail business selling supplies for the keeping and raising of farm or domestic animals, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching. Does not include the sale, rental, or repair of farm machinery and equipment, which is instead included in the definition of “Agricultural Equipment Sales or Rental.” FINANCIAL SERVICES: See section 9278 of this code, Definitions.

FIRE STATION: See section 9278 of this code, Definitions.

FITNESS/HEALTH FACILITY: A fitness center, gymnasium, health and athletic club, which may include any of the following: spa and/or hot tub facilities, indoor tennis, handball, racquetball, archery and shooting ranges, and other indoor sports activities. Does not include “Adult Entertainment Business” or “Adult Cabaret,” which are separately defined.

FRONTAGE: The privately held layer in front of the building facade. The elements of building and landscape that are within a frontage are held to specific standards. The frontage layer may overlap the public layer in the case of awnings, galleries, and arcades. A lot may have multiple frontages. Also referred to as “Private Frontage” (see Table 8).

FRONTAGE LINE: Any lot line, back of sidewalk line, or easement line that abuts a public open space or a thoroughfare that is not an alley.

FRONTAGE, PRIVATE: See “Frontage.”

FRONTAGE, PUBLIC: The area between a lot line and the thoroughfare or public open space (see Table 8).

FUELING/GAS STATION: A retail business selling gasoline or other motor vehicle fuels and related products. A fueling station may also include a convenience store, restaurant facility (without a drivethrough window), and/or carwash as accessory uses. This use does not include charging stations for electric vehicles. See also “Electric Vehicle Charging Station.”

FURNITURE, FURNISHINGS, AND APPLIANCE STORE: A retail store that primarily sells the following products and related services, which may also include incidental repair services:

G. Definitions “G”:

GARAGE: A completely enclosed attached or detached structure with an operational door used as noncommercial parking and shelter for automobiles or other vehicles and where the size of the parking space complies with the minimum size for standard parking stalls.

GENERAL RETAIL: Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:

Does not include accessory retail uses which are allowed accessory to all other related commercial uses – the retail sale of various products within a health care, hotel, or office to employees or customers which are allowed accessory to the primary use of the site. Examples of accessory retail uses include pharmacies, gift shops, and food service establishments at hospitals; and convenience stores and food service establishments within hotel, office, and industrial complexes.

GREEN: See Table 2: Civic Spaces.

GROCERY, SPECIALTY FOOD STORE: A retail business where the majority of the floor area that is open to the public is occupied by food products packaged for preparation and consumption away from the store.

H. Definitions “H”:

HOME OCCUPATION: See section 9224.4 of this code.

HOMELESS FACILITY: A building or group of buildings designed or adaptable for human occupation operated by a public agency, not-for-profit organization, or charitable organization to provide emergency or temporary shelter for homeless or displaced persons.

LARGE HOMELESS FACILITY: A homeless facility for thirteen (13) or more persons. A homeless shelter is considered a large homeless facility.

SMALL HOMELESS FACILITY: A homeless facility for twelve (12) or fewer persons, plus a maximum of two (2) permanent, live-in staff.

HOTEL OR MOTEL: A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging. Hotels typically provide a variety of services in addition to lodging (such as restaurants, meeting facilities, personal services, etc.). Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc. I. Definitions “I”: No specialized terms beginning with the letter “I” have been identified at this time.

J. Definitions “J”: No specialized terms beginning with the letter “J” have been identified at this time.

K. Definitions “K”:

KENNEL: Any lot, building, structure, or premises whereon or wherein five (5) or more dogs or five (5) or more cats over the age of four (4) months are kept or maintained for any purpose. Definition includes animal daycare, such as “doggy daycare,” with or without overnight facilities, whether the facility is located partially or wholly indoor. The “Kennel” definition shall not be construed as applying to a duly licensed veterinary hospital or public animal shelter.

L. Definitions “L”:

LANDMARK TREE: Individual trees that have been designated as unique because of size, historical/commemorative association, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retention.

LAYER: The depth of the lot measured from the frontage line within which certain improvements are allowed (see section 9225.7 of this code, Layers, and Figures 4A and 4B).

LIBRARY, MUSEUM: Public or quasi-public facilities, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums. May also include accessory retail uses such as gift/book shop, restaurant.

LINER BUILDING: A building specifically designed to mask a parking lot or a parking garage (see Figure 6).

LIVE ENTERTAINMENT: Any activity provided for pleasure, enjoyment, recreation, relaxation, diversion or similar purpose by a person or persons that are physically present when the activity is provided to a patron or group of patrons. Such entertainment may include music or vocals, dance, disc jockey, comedy or magic. Live entertainment may be amplified or nonamplified. Live entertainment does not include an occasional activity that: does not constitute a performance; is not advertised to the public; or primarily provides ambience to the facility.

LIVE/WORK: An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been specifically designed or structurally modified to accommodate joint residential occupancy and work activities, which includes:

1. Complete kitchen space and sanitary facilities in compliance with the building code; and

2. Working space reserved for and regularly used by one or more occupants of the unit.

LODGE: See section 9278 of this code, Definitions.

LODGING: Premises available for daily or weekly renting of bedrooms. Typical uses include hotels, motels, and bed and breakfast.

LOT: See section 9278 of this code, Definitions.

LOT AREA, GROSS: See section 9278 of this code, Definitions.

LOT AREA, NET: See section 9278 of this code, Definitions.

LOT, CORNER: A lot located at the intersection of two (2) or more streets, roads, or public road easements, not including alleys. A corner lot has frontage on two (2) streets and is considered to have two (2) front lot lines. LOT, DOUBLE FRONTAGE (THROUGH LOT): A lot abutting two (2) streets, roads, or road easements that are generally parallel to each other. Both lot lines are front lot lines and the lot is considered to have no rear lot line (see section 9225.5 of this code, Building Setbacks).

LOT, INTERIOR: A lot with frontage on only one street, road, or public road easement.

LOW IMPACT DEVELOPMENT (LID): A site planning and engineering design process for land development that emphasizes the preservation and use of critical on-site natural features to better manage stormwater runoff. LID techniques include maintaining natural drainage, minimizing land clearance, clustering buildings, and reducing impervious surfaces and are used instead of conventional methods of collecting, conveying and piping away stormwater runoff.

M. Definitions “M”:

MAINTENANCE/REPAIR – CLIENT SITE SERVICES: Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and maintenance/repair for appliances, computers, electronics, elevators, equipment, HVAC, instruments and plumbing where the service is performed on the client site.

MAINTENANCE/REPAIR SERVICE – LARGE EQUIPMENT, LARGE APPLIANCE: A business facility that provides repair and/or maintenance services for large appliances and equipment and other types of nonvehicular-related equipment that is brought to the facility by customers or picked up from the customer and delivered to the site for repair. These businesses do not operate on the same site as a retail establishment that sells the product being maintained or repaired. This type of use typically requires designated drop-off and pickup areas due to the size of the appliance/equipment being repaired, outside storage for equipment repaired or waiting to be repaired and materials to be recycled or sent for disposal, and parking for delivery vehicles. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.

MAINTENANCE/REPAIR – SMALL APPLIANCES: A business facility that provides repair and/or maintenance for small appliances, computers, electronics, and other types of nonvehicular-related equipment that is brought to the facility by customers. These businesses do not operate on the same site as a retail establishment that sells the product being maintained or repaired. When these services operate from a retail establishment that sells the products being maintained or repaired, they are instead considered part of the retail use.

MEDICAL MARIJUANA DISPENSARY: See section 9278 of this code.

MEDICAL SERVICES – CLINIC, URGENT CARE: A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples include:

medical offices with more than four (4) licensed practitioners and/or medical specialties outpatient care facilities urgent care facilities other allied health services

MEDICAL SERVICES – MAJOR: Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, ancillary facilities for

outpatient and emergency treatment, diagnostic services, training, research, administration, and incidental services to patients, employees or visitors.

METAL PRODUCTS FABRICATION, MACHINE OR WELDING SHOP: An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include:

MINI-MARKET: See “General Retail.”

MIXED-USE: Multiple uses (office, retail, service, residential) within the same building or in multiple buildings within the same area adjacency. Mixed-use development often has a substantial commercial component that accommodates employees and walk-in trade.

MOBILE FOOD VENDOR: A retail business selling ready-to-eat food and/or beverages for off-premises consumption. These operate out of a vehicle and move from site to site throughout the day or week and the vehicle is not left on the site where food is sold overnight. They may be the only use on the site, but typically share the site with one or more uses. See also “Restaurant, Cafe, Coffee Shop” and “Mobile Food Vendor – Stationary.”

MOBILE FOOD VENDOR – STATIONARY: A retail business selling ready-to-eat food and/or beverages primarily for off-premises consumption. These typically operate out of a truck, kiosk, or similar small structure (often prefabricated) that remains on the site overnight. These uses may provide tables on the site for use by customers. They may be the only use on the site or may share the site with one or more other uses. See also “Restaurant, Cafe, Coffee Shop” and “Mobile Food Vendor.”

MUSEUM: See “Library, Museum.”

N. Definitions “N”:

NIGHTCLUB: A facility serving alcoholic beverages for on-site consumption and providing entertainment, examples of which include live music and/or dancing, comedy, etc. Does not include those uses allowed under “Adult Cabaret” or “Adult Entertainment Business.”

O. Definitions “O”:

OFFICE – ACCESSORY: An office facility incidental and accessory to another business or sales activity that is the primary use. These are allowed accessory to any other use allowed by Table 3: Allowed Uses and Permit Requirements.

OFFICE – BUSINESS/SERVICE: An establishment providing direct services to customers. Examples of these uses include employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, etc. This use does not include “Financial Services,” which is separately defined.

OFFICE – GOVERNMENT: An administrative, clerical, or public contact and/or service office of a local, State, or federal agency. Includes post offices, but not bulk mailing distribution centers.

OFFICE – MEDICAL, DENTAL: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis and that accommodates no more than four (4) licensed primary practitioners (for example, chiropractors, medical doctors, dentists, psychiatrists, etc.). Counseling services provided by other than medical doctors or psychiatrists are included under “Offices – Professional.”

OFFICE – PROCESSING: An office-type facility characterized by high employee densities, and occupied by a business engaged in information processing and other computer-dependent and/or telecommunications based activities. Examples of these include:

airline, lodging chain, and rental car company reservation centers computer software and hardware design and development consumer credit reporting data processing services health management organization (HMO) offices where no medical services are provided insurance claim processing mail order and electronic commerce transaction processing telecommunications facility design and management telemarketing accounting, auditing, and bookkeeping services advertising agencies attorneys commercial art and design services construction contractors (office only) counseling services court reporting services detective agencies and similar services design services, including architecture, engineering, landscape architecture and urban planning educational, scientific, and research organizations financial management and investment counseling literary and talent agencies management and public relations services media post-production services

OFFICE – PROFESSIONAL: An office-type facility occupied by a business that provides professional services and/or is engaged in the production of intellectual property. Examples of these include:

news services photographers and photography studios psychologists secretarial, stenographic, word processing, and temporary clerical employee services security and commodity brokers writers’ and artists’ offices

OPEN PARKING: Parking that is not located within a building or structure, such as parking located in a driveway or parking lot. See also “Parking Lot.” Does not include on-street parking.

OUTDOOR SALES ESTABLISHMENT: Any business or portion of a business operated to sell, display, barter or exchange goods or merchandise outside a structure on private property. Does not include outdoor dining or sidewalk cafes associated with a restaurant. Does not include food and/or beverage sales and outdoor dining associated with a mobile food vendor or stationary mobile food vendor.

P. Definitions “P”:

PARKING LOT: The use of land primarily for the parking of vehicles operated by the City or a private entity providing parking for a fee. Also includes “park and ride lots.” This type of parking also may be referred to as “Open Parking” since parking is located in the open rather than in a building or structure (see “Parking Structure”). Does not include towing impound and storage facilities, dismantling yards. PARKING STRUCTURE: A building containing two (2) or more stories of parking.

a private entity providing parking for a fee. Also includes “park and ride lots.” This type of parking also may be referred to as “Open Parking” since parking is located in the open rather than in a building or structure (see “Parking Structure”). Does not include towing impound and storage facilities, dismantling yards. PARKING STRUCTURE: A building containing two (2) or more stories of parking.

PEDESTRIAN ORIENTATION: A physical structure or place with a form, design qualities and elements that contribute to the creation of an active, inviting and pleasant place for pedestrians. Components include: 1. Building facades that are highly articulated at the street level and located directly behind the sidewalk. Articulation can be achieved through the use of interesting materials, colors, and architectural detailing.

2. Continuity of building facades along the street with few interruptions in the progression of buildings and stores.

3. Visibility into buildings at the street level.

4. Design amenities related to the street level such as storefronts, awnings, arcades, and landscaping.

5. A continuous sidewalk with minimal intrusions into the pedestrian right-of-way.

6. Public right-of-way amenities including street trees, benches, bike racks, and other street furnishing.

7. Signs oriented to the pedestrian rather than the motorist.

PEDESTRIAN-ORIENTED USE: A land use that encourages walk-in customers and does not exclude the general public. Pedestrian orientation creates visual interest, high customer turnover, and social interaction and provides a spontaneous draw from the sidewalk.

PERSONAL SERVICES: Establishments providing nonmedical services to individuals. Examples of these include:

PERSONAL SERVICES – RESTRICTED: 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 impact. Examples of these include the following:

PET SERVICES: Grooming and retail services and grooming of dogs, cats, birds, fish, and similar small animals customarily kept as household pets with no facilities for boarding of pets. Does not include overnight boarding of animals (see definition of “Kennel”).

PET STORE: Any indoor sale of dogs, cats, birds, fish, reptiles, and other small animals and associated pet supplies. Does not include “Veterinarians” or “Kennels,” which are separately defined. This use may include the overnight stay of animals that are offered for sale at the establishment, provided these animals do not create noise that may be a nuisance to neighboring properties.

PLAYGROUND: See Table 2: Civic Spaces.

PLAZA: See Table 2: Civic Spaces.

POLICE STATION: See section 9278 of this code, Definitions, “Safety Services.”

PRINCIPAL BUILDING: A building that accommodates the primary use of the site.

PRINCIPAL ENTRANCE: The main point of access of pedestrians into a building.

PRINCIPAL USE: The main purpose for which a site is developed and occupied.

Q. Definitions “Q.” No specialized terms beginning with the letter “Q” are identified at this time.

R. Definitions “R”:

REAR YARD BUILDING: A building that occupies the full frontage line, leaving the rear of the lot as the sole yard (see Table 5: Building Types).

RECOMMENDED: Optional or suggested, not required.

RELIGIOUS ASSEMBLY: See section 9278 of this code, Definitions.

REQUIRED: Mandatory standards that must be followed.

REST HOME: See section 9278 of this code, Definitions.

RESTAURANT, CAFE, COFFEE SHOP: A retail business selling ready-to-eat food and/or beverages for on- or off-premises consumption. These include eating establishments where customers are served from an ordering counter for either on- or off-premises consumption (“counter service”); establishments where customers are served food at their tables for on-premises consumption (“table service”), which may also provide food for takeout; and exclusively pedestrian-oriented facilities that serve from a walk-up ordering counter. May include outdoor dining with the permit requirements included in Table 3: Allowed Uses and Permit Requirements. Does not include “Mobile Food Vendor” or “Mobile Food Vendor – Stationary,” which are separately defined.

RESTAURANT – FORMULA FAST FOOD: A restaurant that includes all of the following characteristics:

1. Is required by contractual or other arrangements to maintain any of the following: substantially standardized menus, architecture, building appearance, signs, or other similar standardized features; and 2. Has three (3) or more of the following characteristics:

a. Food is pre-made and wrapped before customers place orders;

• b. Food is served with disposable tableware for on-site consumption;

• c. Food is ordered from a wall menu at a service counter;

• d. Food consumed on the premises is ordered while customers are standing;

e. Payment is made by customers before food is consumed; or

f. The service counter is closer to an entry/exit than is the seating/dining area.

Ice cream shops, coffeehouses, bakeries, hot dog stands, or other businesses whose primary function is not the sale of full meals are exempted from this definition.

RETAIL: Premises available for the sale of merchandise and food service.

RIPARIAN CORRIDOR: The aggregate of vegetative and associated wildlife areas occurring along the entire length of a natural, freshwater course of water. Riparian vegetation consists of the plant material living near or on the banks of watercourses.

S. Definitions “S”:

SAFETY SERVICES: See section 9278 of this code, Definitions.

SCHOOL: A public or private academic educational institution, including:

SCHOOL – SPECIALIZED EDUCATION AND TRAINING: A public or private academic educational institution that provides specialized education or training. Examples include the following:

See also the definition of “Studio – Art, Dance, Martial Arts” for smaller scale facilities offering specialized instruction. SECOND HAND, THRIFT STORE: A retail store that buys and sells used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines, office equipment, tools, motors, machines, instruments, or any similar second hand articles or objects. Does not include bookstores (“General Retail”); pawn shops (“Personal Services – Restricted”); junk dealers, or scrap/dismantling yards (“Scrap and Salvage Services”); the sale of antiques and collectibles (“General Retail”); or the sale of cars and other used vehicles (“Automotive Sales and Service”). SHOPPING CENTER: A unified commercial development on a minimum of two (2) acres occupied by a group of five (5) or more separate businesses occupying substantially separate divisions of a building or buildings focused on a privately owned common mall or parking lot rather than a street. SIDE YARD BUILDING: A building that occupies one side of the lot with a setback to the other side (see Table 5: Building Types). SMALL PRODUCT MANUFACTURING: Establishments manufacturing and/or assembling small products primarily by hand, including manufacturing establishments producing small products not classified in another major manufacturing group. Examples include manufacturing of costume novelties, jewelry, musical instruments, sporting and athletic goods, toys, and other similar items. SMOKE SHOP: An establishment that sells tobacco or tobacco products for on-site or off-site use or products defined as drug paraphernalia by Division 7, Chapter 1, Article 7 of this code. Examples include hooka shops and head shops.

or manufacturing group. Examples include manufacturing of costume novelties, jewelry, musical instruments, sporting and athletic goods, toys, and other similar items. SMOKE SHOP: An establishment that sells tobacco or tobacco products for on-site or off-site use or products defined as drug paraphernalia by Division 7, Chapter 1, Article 7 of this code. Examples include hooka shops and head shops.

SOCIAL HALL: See section 9278 of this code, Definitions. SPECIALTY FOOD AND BEVERAGE SALES WITH TASTINGS: A retail beverage and/or food store characterized by its small size, a limited number of high quality specialty food items and/or beverages typically including premium wine and beer. This use may also include tastings of the products sold on site. SQUARE: See Table 2: Civic Spaces. STORAGE – ACCESSORY: The indoor storage of materials accessory and incidental to a principal use is not considered a land use separate from the principal use. STORAGE – PERSONAL STORAGE FACILITY: Structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. STORAGE – YARD: The open storage of materials outside of a structure, other than fencing, as an accessory use. A storage yard is not allowed as a principal use (see Table 3: Allowed Uses and Permit Requirements). STOREFRONT: A facade at the ground story that is subject to special adaptation, such as recessed doors and display windows for retail uses. Examples of frontage types that include storefronts are “shopfront and awning,” “gallery,” and “arcade” (see Table 8: Private Frontage Types). STREETSCAPE: The urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for vehicles, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.) and the amenities of the public frontages (street trees and plantings, benches, street lights, etc.).

STREETSCREEN (STREETWALL): A freestanding wall built along the frontage line, or coplanar with the facade, often for the purpose of masking parking from the street.

STRUCTURAL SOIL OR CELLS: An artificially engineered medium that meets or exceeds street load-bearing requirements for structurally sound pavement design and installation, while supporting tree growth, remaining root penetrable, and encouraging deep root growth away from the pavement surface.

STUDIO – ART, DANCE, MARTIAL ARTS: Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples of these facilities include: individual and group training in the arts; photography and the processing of photos produced only by the users of the studio; martial arts training studios; gymnastics, yoga and similar instruction; and aerobics and gymnastics with no other fitness facilities. Larger facilities are included under “School – Specialized Education and Training.”

ructional space. Examples of these facilities include: individual and group training in the arts; photography and the processing of photos produced only by the users of the studio; martial arts training studios; gymnastics, yoga and similar instruction; and aerobics and gymnastics with no other fitness facilities. Larger facilities are included under “School – Specialized Education and Training.”

SUBSTANTIAL MODIFICATION: Any alteration, abandonment, damage, destruction, or loss of or to a building that would result in the loss of status as a nonconforming use or nonconforming buildings under subsection 9209D or E of this code or would require a discretionary permit.

T. Definitions “T”:

TELECOMMUNICATIONS, ANTENNAS: Broadcast and receiving antennas for radio, television, telegraph, telephone, wireless data network, and other wireless communications, including earth stations for satellite-based communications. Includes support structures and ancillary equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections.

TELECOMMUNICATIONS FACILITIES: Structures other than telecommunications antenna equipment buildings that are primarily for accommodating equipment for any of the following or similar services. Includes equipment facilities for Internet service providers and the following:

1. A telephone service provider, whether wireless or nonwireless, digital or analog, or otherwise, where customer or subscriber lines are joined or connected to switching equipment that connects customers or subscribers to each other. Includes telephone switching facilities.

2. A data center housing one or more large computer systems and related equipment for collecting, maintaining and/or processing data, and providing other data processing services.

3. A “server farm,” or group of computer network servers that are housed in one location.

TELECOMMUNICATIONS TOWER: A mast, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast no more than twelve feet (12') in height and six inches (6") in diameter shall not be considered a telecommunications tower.

TERMINATED VISTA: A site or space at the termination of a thoroughfare, or at the visual termination of a street segment designated on the Special Designations Map. A building located at a terminated vista shall be designed in response to its visual prominence.

THEATER – MOVIE OR LIVE PERFORMANCE: An indoor facility for public assembly and group entertainment, other than sporting events. Examples of these include:

THOROUGHFARE: A vehicular way incorporating travel lanes and often parking lanes within a right-of-way.

TRANSITION LINE: A horizontal line spanning the full width of a facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.

TRANSPORTATION SERVICE: See section 9278 of this code, Definitions.

TRANSPORTATION TERMINAL: See section 9278 of this code, Definitions.

TURRET: A small tower, an ornamental or functional structure at an angle of a larger structure.

U. Definitions “U”:

USABLE OUTDOOR SPACE: Outdoor space that is available and accessible to the occupants of an individual unit, building, or building site for the purpose of active and/or passive recreation. Usable outdoor space includes the aggregate of side and rear yards, roof decks, and patios, balconies and decks having a depth of at least three feet (3') and an area of not less than thirty (30) square feet. Usable outdoor space does not include driveways, areas for off-street parking and services, and ground level areas with a width of less than five feet (5') or a maximum dimension of more than ten feet (10'). At least seventyfive percent (75%) of the usable outdoor space shall have a slope of ten percent (10%) or less.

USE: The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

V. Definitions “V”:

VEHICLE SERVICES: The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use included the following categories:

1. Major Repair/Body Work: These establishments include towing, collision repair, other body work, painting services, and tire recapping.

2. Minor Maintenance/Repair: Minor facilities providing limited repair and maintenance services. Examples include attended and self-service car washes, detailing services, muffler shops, radiator shops, quick lube services, oil change services, tire and battery sales and installation (not including recapping).

Drive-up and drive-through service bays associated with vehicle services are not considered an accessory drive-up, drive-through use as identified in Table 3: Allowed Uses and Permit Requirements, and instead are considered part of the vehicle services use.

VETERINARY OFFICE OR SERVICE – SMALL ANIMAL: See section 9278 of this code, Definitions.

VISION TRIANGLE: Proposed structures and landscaping on a corner lot shall comply with the following vision triangle height limits as required for public safety. The boundaries of a vision triangle are formed by drawing lines from the point of intersection of a lot’s street corner property lines to points thirty feet (30') along the two (2) property lines, and then connecting the two (2) points with a straight line.

W. Definitions “W”: No specialized terms beginning with the letter “W” are identified at this time.

• X. Definitions “X”: No specialized terms beginning with the letter “X” are identified at this time.

• Y. Definitions “Y”: No specialized terms beginning with the letter “Y” are identified at this time.

Z. Definitions “Z”: No specialized terms beginning with the letter “Z” are identified at this time. (Ord. 1139, §2 (Exh. A, 13.030), adopted 2012) Home Previous Next

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CHAPTER 2 ZONING

ARTICLE 19. SPECIAL SITUATIONS

SECTION:

§9250: Building Site Area; Exception Of Prior Nonconforming Land §9251: Building Site Not Having Principal Frontage On Accepted Street §9252: Large Areas Not Fronting On Public Street Approvable As Two Building Sites Under Certain Conditions §9253: Density Bonuses And Other Incentives For Low And Moderate Income Housing §9254: Cannabis Cultivation