§ 16-1 — Victorville Planning Code

Sec. 16-1.03.010: - Definitions¶

For the purpose of the Development Code, hereinafter "the Code" or "this Code", unless otherwise apparent from the context, certain words, terms and phrases used in this Title are defined in this Section.

Words used in the present tense include the future, words used in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise. The word "shall" indicates a mandatory requirement, except as when used in connection with an action or decision of the Council or any City commission, board, or official, in which case the word "shall" shall be directory only. Whenever used in this Title, the word "day" shall mean a calendar day.

plural number include the singular, unless the natural construction of wording indicates otherwise. The word "shall" indicates a mandatory requirement, except as when used in connection with an action or decision of the Council or any City commission, board, or official, in which case the word "shall" shall be directory only. Whenever used in this Title, the word "day" shall mean a calendar day.

A
Abandoned Cart	means a shopping cart which is either:
	(i) Removed from the premises of an establishment by any person without the written permission or consent of the owner of the cart or the retailer otherwise entitled to possession of such cart (excluding for enforcement personnel); or
	(ii) Left unattended, discarded or abandoned upon any public or private property other than the premises of the retail establishment from which the shopping cart was removed, regardless of whether such shopping cart was removed from the premises with the permission of the owner.

Abatement	the removal of a certain conditions or the cessation of a certain activity or activities which create nuisance conditions and endanger the life, health, property, safety or welfare of the general public and/or constitute a violation of the Victorville Municipal Code and/or other regulation(s).

Above-ground/ on-ground pool	see definition of "swimming pools."

Accessory building/ structure	a permanent or non-permanent building/structure which is subordinate in size to, and the use of which is incidental to, that of the principal building or the principal use on the same lot. No building in an R district which contains a dwelling unit is an accessory building/structure.

Advisory agency	the City of Victorville Planning Commission.

Agriculture	the tilling of soil, the raising of crops, horticulture, small livestock farming, dairying or animal husbandry, including all uses customarily incidental thereto but not including slaughterhouses, feed yards, hog farms, fertilizer works, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use which is determined by the Planning Commission to be similarly objectionable because of noise, odor, smoke, dust or fumes.

Alcoholic Beverage	means any liquid or solid containing alcohol, spirits, liquor, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is ft for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

Alcoholic beverage, single-serve	means an alcoholic beverage, as defined in this Section, that is packaged for sale in single unit quantities described as: individual containers of beer, malt liquor and alcoholic energy drinks of any size; individual containers of wine of less than 750 ml in size; individual containers of distilled spirits of less than 375 ml in size; or any other individual container of alcoholic beverage for single-serve consumption. This definition does not include: (i) beverages in kegs or other types of containers, with a volume of two or more gallons, which are clearly designed to dispense multiple servings; or (ii) alcoholic beverages sold in manufacturers pre-packaged multi-unit quantities to include: wine in bottles or containers smaller than 750 ml; individual containers of distilled spirits of less than 375 mi in size; wine coolers, beer, malt liquor and alcoholic energy

	drinks in containers of any size; and/or any other individual alcoholic beverage for single- serve consumption.

Alcoholic beverage sales establishment	including "alcohol sales establishment" or "alcoholic beverage establishment", means an establishment that conducts sales of alcoholic beverages for consumption on or of the premises where sold and is licensed by the ABC for the retail sale of alcoholic beverages for on-site or of-site consumption.

Alcoholic beverage sales establishment, nonconforming	means any alcoholic beverage sales establishment that does not conform to the regulations of this Title, and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license, which lawfully existed at the time the regulations with which it does not conform became effective, regardless of whether such establishment was allowed as part of a conditional use permit granted prior to the time the regulations with which it does not conform became effective. Such an establishment shall be considered a deemed approved establishment and shall no longer be considered a legal nonconforming use.

Alcoholic beverage establishment, on- site	means an establishment that conducts sales of alcoholic beverages for consumption on the premises where sold.

Alcoholic beverage establishment, of- site	means an establishment that conducts retail sales of alcoholic beverages for consumption of the premises where sold.

Alley	a thoroughfare dedicated for public use, not to exceed thirty feet in width for the use of pedestrians and/or vehicles, which affords only a secondary means of access to the abutting property.

Alluvial fan	a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by food flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

A
Amusement Device	any mechanical or electronic apparatus available for play upon payment of a cash or other valuable consideration with which a game of skill may be played. Such phrase shall also include any apparatus by means of which any article may be sold, vended, transferred or delivered to the player of such apparatus by the playing of any game of skill with such apparatus. Such phrase shall also include any apparatus consisting of a boxed field with which a game of skill may be played by the use of marbles or balls which may be projected into the field by a plunger or otherwise, in the playing of which the score of the player depends upon which of certain designated places in the field the ball or marble comes to rest and which is available for play upon payment of a cash or other valuable consideration.

Apartment	a room or suite of rooms in a multiple dwelling, designed, intended and suitable as a residence.

Apex	the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

Appeal	a request for a review of the floodplain administrator's interpretation of any provision of this Chapter.

Appeal board	the City of Victorville City Council or its designee as authorized elsewhere in the Code.

Appliance repair, small	a business that repairs or services machines that are powered by electricity, natural gas, or similar means, that is typically used in home, office, and/or personal applications to perform a particular job, and which do not require heavy equipment to move and/or service.

Applicant	a person, entity or corporation who submits an application and seeks a building permit, business license or land use entitlement.

Area of shallow flooding	a designated AO or AH zone on the food insurance rate map (FIRM). The base food depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such food is characterized by ponding or sheet flow.

Area of special food hazard	see "Special food hazard area."

Area of special mudslide (i.e. mudflow) hazard	is the area subject to severe mudslides (i.e. mudflows). The area is designated as zone M on the food insurance rate map (FIRM).

Arm's length transaction	means a sale of a tobacco retailer location or business in good faith and for valuable consideration that reflects the fair market value in the open market between two or more informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of violations of the Development Code is not an arm's length transaction.

Assembly use	a gathering of people for civic, social or religious functions of a non-retail nature; unless otherwise specified in this Title.

Automobile repair, light	automobile repair that includes tire/wheel installation, service, and repair; alignment service; shocks and brake service; lube and oil change service; and other related light automobile repair, service, and maintenance as determined by the Zoning Administrator. Light automobile repair does not include service or repairs that require mechanical expertise, machining (other than brake drum/rotor repair), engine removal, exhaust repair, and body/panel repair.

Automobile repair, heavy	automobile repair that includes service or repairs that require mechanical expertise, machining (other than brake drum/rotor repair), engine removal, exhaust repair, body/panel repair, other related heavy automobile repair, and heavy equipment/tractor-trailer repair

	and/or service as determined by the Zoning Administrator. Heavy automobile repair does not include auto wrecking yards, salvage yards, storage yards, or any other functions not intended to repair/service automobiles on-site planned to be returned to road worthy condition.

Automobile service station	a retail place of business where fuel stored only in underground tanks is dispensed directly to users of motor vehicles and where the following uses shall take place: oil changes, lubrications, radiator servicing, tire changing and repairs, battery servicing, tune-ups and minor wheel and brake adjustments. Further, service stations can dispense oil, antifreeze, tires, batteries and other accessories directly to users of motor vehicles. Major automobile repairs including, but not limited to, upholstery work, auto glass work, painting, welding, auto dismantling, body and fender work and any type of major overhaul are excluded. No overnight parking or storage of vehicles on the premises is permitted, except for the purpose of emergency repairs, which shall not exceed seventy-two hours.

Automobile and trailer sales area	an open area used for the display, sale or rental of new or used automobiles or trailers, and where repair work is limited to minor incidental repair of automobiles or trailers to be displayed, rented or sold on premises.

Automobile wrecking	the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, or partially dismantled, or obsolete or wrecked vehicles or their parts.

B

A
Bar/Nightclub	means any business excluding a bona fide eating place maintained and operated for the sale and service of alcoholic beverages with or without live entertainment, and in which food may be sold or served incidentally to the sale or service of alcoholic beverages. This definition shall also include those establishments known variously as cocktail lounges, dance clubs, discos, honky-tonks etc., which may or may not charge a fee to enter the premises (i.e. cover charge, entry fee, etc.) and provide the sale and service of alcoholic beverages.

Barrier	a fence, wall, building wall or combination thereof that completely surrounds the swimming pool and obstructs access to the swimming pool.

Base food	a food which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year food").

Basement/ Cellar	a story partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. A basement, when designed for, or occupied by, dwellings, business or manufacturing, shall be considered a story.

Base Station	means the transmission equipment at a fixed location, housed within a protective shelter, and not mounted to a support structure or wireless tower that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. Base stations include indoor or outdoor installations, permanent structures and equipment cabinets, as well as pre-fabricated structures. This definition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code.

Bedrock	in-place solid rock.

Billboard	an advertising structure used for of-premises advertising of a product, person, business or message.

Billiard Parlor	an establishment that provides more than 2 billiard or pool tables or has 50 percent or more of the public floor area devoted to the use of billiard or pool tables by the public for compensation, whether or not the use of billiard or pool tables constitute the primary use or an accessory or incidental use. The terms "Billiard Parlor," "Pool Hall," and "Billiard/pool rooms" may be used interchangeable.

Block	the property abutting on one side of a street between two nearest intersecting streets, railroad right-of-way or other natural barrier; provided, however, that where a street curves so that any two curves thereof form an angle of one hundred degrees or less measured on the lot side, each curve shall be construed as an intersecting street.

Boarding house	a building where meals and/or lodging are provided for compensation for seven or more persons. The term does not include such uses as rest home, convalescent home or home for the aged.

Body art facility	a fixed location in which a body art practitioner performs, or demonstrates for the purpose of instruction, body art, including reception areas, the procedure area, and the decontamination and sterilization area, excluding those locations where body art is only provided on an out-call basis.

Body art practitioner	a person who performs body art on a client. These activities include tattooing, body piercing, application of permanent cosmetics, and branding.

Building	any structure, excluding mobile and manufactured homes, designed for permanency, that is built with walls and a roof, used or intended for supporting or sheltering any use or occupancy.

Building Frontage	for the purpose of calculating sign area, "building frontage" shall be the linear measurement of the maximum width of the exterior walls when measured perpendicular to the primary frontage.

Building height	the vertical distance from the average finished ground level of the site to the highest point of the structure.

Building site	means the land area, consisting of one or more lots or parcels of land under common ownership or control, to be considered as the unit of land occupied by a main building or buildings and accessory buildings, or by a principal use and uses accessory thereto, together with all the yards, parking spaces and other open spaces required by this Chapter.

Building, main	one or more buildings in which is conducted a principal use of the lot upon which it is situated. Every dwelling in an R district is a main building.

Building, principal	a permanent building within which a principal use and accessory use(s) are conducted.

Building, subordinate	a structure that is either a maximum of four hundred square feet in floor area or forty percent of the square footage of the main building; whichever is greater.

Business	Means, with respect to the provisions of this Title relating to City business licenses, any commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood, whether or not carried on for gain or profit, and includes the offering of real property for rental by the owner of such property.

C
California Department of Alcoholic Beverage Control or ABC	means the department of the State of California empowered to act pursuant to Article XX, Section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

Camp, public	land or premises used or intended to be used, let or rented for camping purposes by two or more camping parties, trailers, tents or movable or temporary dwellings.

Canopy or Marquee	a fixed overhead structure which may or may not be attached to a building.

A
Carport	a permanent roofed structure with no more than two enclosed sides used or intended to be used for automobile shelter and storage with a minimum of one hundred fifty cubic feet of storage space.

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

Centerline	the "centerline" of a street as referred to in this Title means the right-of-way centerline as established by the county surveyor, by the City Engineer, by the State Division of Highways, or if no such centerline has been established and in any case in which foregoing definition is not applicable, the Planning Commission shall designate the centerline.

Certified Farmers' Market	means a farmers' market certified as operating in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.

Charity	includes any nonprofit organization, trust or other person which solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. Charitable purposes include but are not limited to the improvement and advancement of public safety, education, religion, the prevention of cruelty to children and animals, any environmental protection and other benevolent purposes. Any Charity described herein must be exempt from taxation pursuant to California Revenue and Taxation Code Section 23701(d) or Internal Revenue Code Section 501(c)(3).

City	shall refer to the City of Victorville.

City engineer	the person charged with the responsibility of coordinating all phases of engineering for the City Government, or as otherwise authorized by this Title.

City Facilities	means the public parks, public buildings, and public community facilities/centers owned and operated by the City, including the City Library, City Hall, and the various community, activity, and sports centers in the City.

Civil engineer	a civil engineer duly registered with the State.

Clerk of the advisory agency	the Secretary to the Planning Commission as appointed by the City Manager or his/her designee.

Club	an association of persons, whether incorporated or unincorporated, organized for some common nonprofit purpose, but not including a group organized solely or primarily to render a service customarily carried on as a business.

Code Enforcement Officers	those individuals employed by the City and/or designated by the Code Enforcement Official or his or her designee to conduct inspections and to take such actions as may be required by the provisions of this Chapter for the purpose of enforcing certain prescribed provisions of the Municipal Code and all applicable statutes, rules, codes and regulations enforceable by the City of Victorville with an emphasis on investigating matters pertaining to private property related to this Code. Code Enforcement Officers report to the Code Enforcement Official and carry out their duties under the powers and authority of the City Manager or his/her designee, Zoning Administrator, Building/Fire Code Official, and Code Enforcement Official.

Collocation	means the mounting or installation of transmission equipment on a support structure for the purpose of transmitting and/or receiving electromagnetic waves for communications purposes. This definition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code.

Commercial cannabis activity	means and includes the cultivation, possession, manufacture, distribution, processing, storing, dispensing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products used for medicinal, non-medicinal, or other purposes, including without limitation, the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. "Commercial cannabis activity" does not include the personal adult uses allowed by Health and Safety Code sections 11362.1 and 11362.2.

Commercial coach	a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach.

Commercial message	means a message that proposes a commercial transaction or relates primarily to the economic and commercial interests of the message sponsor and/or the sign audience interests, such as the exchange of goods and services.

Commercial shopping center	a group of three or more commercial uses having an area of five or more acres planned and designed to function as an integral unit on a single parcel or contiguous parcels and which utilize common of-street parking and access.

Community clubhouse	a building containing facilities for neighborhood civic and social activities, when operated for and used by property owners in the vicinity; excluding anywhere membership or use is on any other basis than residence in the neighborhood, or where the chief activity is one customarily carried on as a business.

A
Condominium development	a structure or appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defined in Section 1350 of the Civic Code of the State, and includes instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures and premises so divided in ownership.

Construction site	any location where grading, construction of structures, remodeling, mobile home setdown, renovation or any other work subject to a permit from the Building Division is required.

Construction site maintenance	the routine, continuous maintenance of the construction site in order to adequately contain the storage of trash, rubbish or debris and maintain a clean and safe construction site.

Construction site trash, rubbish or debris	means any container, wrapper, crate or packaging that accompanies the construction material, any surplus or residual construction material brought to or originating at the construction site, and any other residual materials used by the construction workers and brought to the site.

Convalescent	a facility, place or land use, excluding hospitals, that is operated for the long term care and treatment of senior inflicted with human illness or requiring physical or mental care, rehabilitation, etc., including uses such as assisted living, hospice care, nursing home, rest home, skilled nursing, etc.

Convenience market	a retail establishment, with less than 12,000 square feet of floor area, offering for sale prepackaged food and beverage products, household items, newspapers and magazines, and sandwiches/salad and other freshly prepared foods for of-site consumption.

County	the County of San Bernardino.

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

Cul-de-sac	a street which connects to other streets only at one end, and having a provision for a turnaround at its other end.

D
Dairy	any premises where milk is produced for sale or distribution and where three or more cows or goats are in lactation.

Day care center and/or day nursery	any type of day care programs having thirteen fifteen or more children, excluding members of the resident family, excepting therefrom child care where listed as an accessory use in this title. "Day nursery" and/or "day care center" shall include nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, parent cooperatives, programs covering care for school children as well as care

	facilities for adults; provided such establishments are licensed by the State and conducted in accordance with State and County social and welfare requirements.

Decorative Rock	colored stones, cobble rock, boulders of varied sizes, quartzite, pea gravel or decomposed granite used to achieve 100% landscape ground cover with an adequate depth. Grey rock, or blended rock may be considered decorative rock if incorporated into a design with the decorative rock.

Deemed approved establishment	including "deemed approved alcohol sales establishment" means any nonconforming alcoholic beverage sales establishment as defined in this Section. Such establishment shall be considered a deemed approved establishment effective on the date the regulations with which it does not conform became effective.

Deemed approved status	means the permitted use of land for a deemed approved establishment that conducts retail sales of alcoholic beverages for consumption of the premises where sold. Deemed approved status replaces nonconforming status for of-site alcohol establishments and remains in effect as long as the deemed approved establishment complies with the applicable performance standards and other deemed approved regulations provided in the Development Code.

Development	any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Development Plan	see "Site Plan."

Dominant wind direction	the direction from which eighty percent of the energy contained in the wind flows.

Drug paraphernalia	as defined in California Health and Safety Code sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance (as defined in California Health and Safety Code Section 11054 et seq.) in violation of the California Uniform Controlled Substances Act, commencing with California Health and Safety Code Section 11000.

Dwelling	a building, or portion of a building, containing one or more dwelling units, as defined within this section.

Dwelling unit	a room or suite of rooms designed for or used as a single residence and constituting a separate and independent housekeeping unit including kitchen or cooking facilities, but not including a boardinghouse or a club, or a hotel or motel where less than twenty percent of the rental units have a kitchen or cooking facilities.

A
Dwelling unit, accessory	means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing

	primary residence or constructed concurrently with a primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

Dwelling unit, junior accessory	means a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

Dwelling unit, multiple	a building containing two or more dwelling units, or a hotel or motel in which twenty percent or more of the rental units contain a kitchen or kitchenette.

Dwelling Unit, Urban	including but not limited to: two-unit residential projects within a single-family residential zone district, excluding accessory dwelling units; and development occurring as a result of a small-lot subdivisions authorized under state law. An urban dwelling unit is a residential unit or group of units located on a qualifying parcel zoned for single-family or multi-family residential use, subject to ministerial approval and in compliance with all applicable objective standards set forth in this Title.

Dwelling, single- family	a dwelling containing exclusively a single dwelling unit.

E
Election period	means that period of time which begins ninety (90) days before a special, general, municipal, or primary election in which at least some registered voters in the city are eligible to vote, and ends ten (10) days after such election.

Electronic smoking product and/or device	(also known as "electronic cigarette," "e-cigarette," "electronic nicotine delivery system," "e-cigar," "e-cigarillo," "e-pipe," "e-hookah," "hookah pen," "vape pen" etc.) is a battery operated device used to inhale a aerosolized or vaporized substance that frequently, though not always, contains nicotine. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device. The sale of electronic smoking products and devices are hereby regulated by the Victorville Municipal Code in the same manner as tobacco product and paraphernalia sales. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

Electronic submittal	means the utilization of one or more of either e-mail, the internet or facsimile.

Eligible Support Structure	means any support structure, wireless tower, or base station currently being utilized as a WCF in accordance with the provisions of the "Wireless Communications Facilities" section of the Development Code at the time any application or permit is submitted under the provisions of said Development Code Section. This definition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16, Article 24, of the Development Code.

Emergency shelter	housing with minimal supportive services for homeless persons that is 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.

Encroachment	the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Engineering geologist	an engineering geologist registered by the State and capable of applying the geological science of engineering practices for the purpose of assuring that the geological features affecting the location, design, construction, operation and maintenance of engineering works are recognized and adequately provided for.

Established Place of Business	is a fixed place, location, or building, owned or leased by the person who uses such place, location, or building as his/her permanent place of business.

Existing grade	the vertical location of the existing ground surface before excavating or filling.

Existing manufactured home park or subdivision	means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the City.

Expansion to an existing manufactured home park or subdivision	the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Expansive soil	soil with an expansion of four percent or more with a sixty pound per square foot load applied under standard test methods as set forth by the Building Official.

F
Fence	a barrier constructed mainly from wood or metal products which is used as a boundary or means of protection or confinement.

A
Fence, visibility	a fence, excluding chain link fencing, that allows visibility through its barrier, and does not restrict or block visibility out of or into the premise.

Final map	a map designed to be placed on record in the office of the County Recorder and prepared in accordance with the provisions of this Title and the Subdivision Map Act of the State, and conforming more specifically to the requirements of this Title and the Subdivision Map Act for a subdivision map creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project containing five or more parcels, except where:

	(a) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body;

	(b) Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway;

	(c) The land consists of a parcel or parcels of land having approved access to public street or highway which comprises part of a tract of land zoned for industrial or commercial development and which has the approval of the governing body as to street alignments and widths; or

	(d) Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

	A parcel map shall be required for those subdivisions described in subsections (a), (b), (c) and (d).

Financial Institution	an establishment, facility or institution primarily involved in financial transactions such as the custody, deposit, investment, loan, exchange or issuance of money. These financial institutions, traditionally known as banks or credit unions, shall be registered with, and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission. Money Service businesses such as, but not limited to, payday loans, check cashing, title loans or money transmitters not registered with, and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission, shall not be considered Financial Institutions within the city of Victorville.

Fire chief	the City of Victorville Fire Chief.

Fire Code Official	Fire Chief, or Building Official when authorized by this Title.

Flood boundary and floodway map (FBFM)	the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special food hazards and the floodway.

Flood hazard boundary map	the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of food hazards.

Flood insurance rate map (FIRM)	the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special food hazards and the risk premium zones applicable to the city.

Flood insurance study	the official report provided by the Federal Insurance Administration that includes food profiles, the food insurance rate map, the food boundary and floodway map, and the water surface elevation of the base food.

Flood, flooding, or food water	(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e. mudflows); and

	(2) The condition resulting from food-related erosion.

Floodplain administrator	the individual appointed to administer and enforce the floodplain management regulations.

Floodplain management	the operation of an overall program of corrective and preventive measures for reducing food damage and preserving and enhancing, where possible, natural resources in the

	floodplain, including but not limited to emergency preparedness plans, food control works, floodplain management regulations and open space plans.

Floodplain management regulations	this Chapter and other zoning ordinances, subdivision regulations, Building Codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power which control development in food-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing food loss and damage.

Floodplain or food- prone area	any land area susceptible to being inundated by water from any source.

Floodproofing	any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate food damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway	the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base food without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

Floodway fringe	the area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

A
Floor Area Ratio (FAR)	a measure of non-residential development intensity. FAR is the ratio of the gross floor area of a building to the gross area of its site. For example, a multi-story building with a total floor area of one hundred thousand (100,000) square feet on a fifty thousand (50,000) square foot lot will have a FAR of 2.0. For the purpose of FAR calculation, a mezzanine as defined by Section 505 of the California Building Code shall not be considered floor area. The following are examples of how a building with a total floor area of 100,000 sq. ft. can be configured on a 50,000 sq. ft. lot to achieve a FAR of 2.0:



Food	means any item provided in Health and Safety Code Section 113781, or any successor section, and includes any type of raw, cooked, or processed edible substance, including any food product or beverage.

Food Truck	means a Mobile Vending Vehicle or motor vehicle-towed trailer located upon a street and going from place to place or that is operating on private property from a fixed location with an approved a Temporary Use Permit, which is engaged in vending where Food is cooked and/or prepared to order and is served to walk-up customers.

Fraud and victimization	as related to Section 15.20.160, Nature of variances, of this Chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base food elevation are subject during all those years to increased risk of damage from foods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger and suffering that those increased food damages bring. In addition, future owners may purchase the property unaware that it is subject to potential food damage, and can be insured only at very high food insurance rates.

Freeway	a thoroughfare designed for through traffic with no crossings at grade or access from abutting property, and which provides movement of traffic in opposite directions on either side of a dividing strip, and as further defined in Section 23.5 of general provisions of the Street and Highways Code of the State.

Frontage road	a street which is approximately parallel to and adjacent to a major thoroughfare, freeway, railroad or other facility to which access is limited, and which provides access to abutting properties, and protection from through and fast traffic.

Frontage, Primary	the narrowest portion of a lot abutting a public street or as specified by the Zoning Administrator when referring to a corner lot as defined in Section 18.04.430.

Frontage, Secondary	any portion of a lot other than the primary frontage abutting a public street.

Functionally dependent use	a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

G
Galleria	a collection of retail shops housed within a larger, previously single tenant building, each occupying their own distinct space and fully or partially enclosed by permanent walls, with a minimum shop size of 350 square feet within a minimum 20,000 square foot building. Notwithstanding, up to 25% of the total number of shops may be a minimum of 250 square feet in area.

Garage, private	a fully enclosed accessory building or a fully enclosed accessory portion of the main building designed and/or used for the shelter or storage of vehicles of the occupants of the main building.

General plan	the City of Victorville General Plan.

Governing body	is the City of Victorville body who is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of the citizenry.

Grade	the degree of inclination of a slope; or, the elevation of a finished surface of the ground, paving or sidewalk.

Groundcover	a combination of low-lying live vegetation where upon vegetation maturity achieves 100% soil coverage, non-plastic/nylon artificial turf with a minimum length (pile height) of 1¼ inches or decorative rock a minimum of 3-inches in depth used to achieve 100% soil coverage.

Guest house	a detached accessory building containing living quarters for use by temporary guests of the occupant of the dwelling on the same premises, which contains no kitchen or cooking facilities and is not rented or otherwise used as a dwelling unit.

H
Hardship	as related to Section 15.20.160, Nature of variances, of this Chapter means the exceptional hardship that would result from a failure to grant the requested variance. The City requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic consideration, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Health Department	means the San Bernardino County Department of Environmental Health.

A
Hedge	a series of plants, shrubs or other landscape material, so placed as to form a physical barrier or enclosure.

Highest adjacent grade	the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Hillside	a slope greater than ten horizontal to one vertical.

Historic structure	any structure that is:

	(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

	(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

	(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

	(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved State program as

	determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

Homeless shelter facility	a facility that provides immediate and short term temporary accommodations with possible support services for persons and/or families who lack a fixed, regular and adequate nighttime residence.

Horizontal Mixed- use	development pattern characterized by a variety of land uses (commercial, residential, office) in close proximity with each other to promote walkability and interactive neighborhoods.

Hospital	a building to which persons are admitted for overnight stay or longer for the diagnosis or care or treatment of human illness or the prevention thereof, including convalescent home, sanitarium, nursing home, maternity home.

Hot tub	See definition of spa, non self-contained" and "spa, self-contained."

Hotel	a building or group of buildings of rental bedrooms or suites, generally without individual cooking facilities, where overnight lodging is offered to the public for compensation primarily for the accommodation of transient guests. A hotel in which twenty percent or more of the rental units contain a kitchen or kitchenette shall be subject to all regulations of this Title governing a multiple dwelling unless approved as a Conditional Uses.

Hydroponic store	means any business whose primary sales consist of product and apparatus used for growing plants without soil or in a non-soil medium such as water or other nutrient rich solutions; with or without an inert medium (i.e. gravel, perlite, etc.), and/or controlled conditions of light, temperature, and humidity. For the purpose of this Title, hydroponic stores also include businesses whose sales include grow lights (i.e. plant lights), artificial light sources, and other supplies typically used for hydroponics as the primary use. Hydroponics stores are also synonymous with aeroponics, aquaculture, fogponics, etc.

i
Ice Cream Truck	a Mobile Vending Vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under twelve (12) years of age as described in California Vehicle Code Section 22456.

Improvement plan	a plan showing the location and construction detail of streets, roads, drainage facilities, sanitary sewers and structures, water systems and other improvements for a subdivision both within and outside the boundary thereof.

In-ground pool	See definition of "swimming pool."

Inoperable Motor Vehicle	any vehicle which cannot be legally operated on the street because the vehicle: (a) lacks an engine, transmission, wheels, tires, doors, windshield or any other part or equipment necessary to operate the vehicle safely, or (b) cannot be operated under its own power, or (c) lacks current registration.

Internet café	an establishment that provides four (4) or more computers and/or other electronic devices, for access to that system commonly referred to as the "internet", E-mail, playing video games over the internet, sweepstakes, and/or access to other computer software programs, to the public for compensation and for public access. Internet Café is also synonymous with PC Café, Cyber Café, Cyber Centers, Sweepstakes Cafés, Gambling Arcades, etc. Those facilities provided by colleges, government agencies, hotels, schools, social services, or included as an amenity within a multi-family development shall not be considered an Internet Café for the purpose of this Title.

J
Junk	any cast-of, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material including, but not limited to, those composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, plaster, rubber, terra cotta, wool, cotton, cloth, canvas, wood, metal, sand, organic matter or other substance, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels.

K
Kennel	any lot or premises on which five or more pets over four months old are kept for boarding, breeding or training.

A
Kitchen	any room all or part of which is intended for and permanently affixed with facilities for cooking and the preparation of food.

L
Labor camp	premises used for residential purposes for temporary or seasonal periods by five or more unrelated persons or families employed to perform agricultural or industrial labor.

Landscaping	the arrangement or combination of live vegetation consisting of planted trees, shrubs, vines and ground cover used to achieve one hundred (100) percent soil coverage.

Legislative body	the City Council of the City of Victorville.

Levee	a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system	means a food protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices which are constructed and operated in accordance with sound engineering practices.

Licensee	a person, or corporation who sought and holds a city business license and is the primary person or entity responsible to the business.

Loading space	an of-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading

	merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

Lodging or rooming house	a building having no more than six guest rooms with two persons per room where lodging is provided for compensation.

Lot	a parcel of real property which is either: (1) shown with a separate and distinct number or designation on a plat recorded in the office of the recorder of the county; (2) delineated upon a record of survey, lot split or subparceling map approved pursuant to this Code; or (3) containing an area not less than required for the district in which it is located and abutting a public street or having access to a public street in the form of an easement of record or an easement established by judgment of a court of competent jurisdiction.

Lot area	the square footage of land area contained within the property lines of the lot.

Lot coverage	wherever the district regulations specify a maximum allowable percentage of lot coverage, the calculation shall be made by including as coverage the area at ground level of all roofed buildings on the lot, excluding architectural and other features described in this Title and excluding any underground structure or that part of any such structure which extends less than eighteen inches above the natural ground level. The area beneath a roof over a patio used solely as an outdoor living area shall not be included as coverage if the unenclosed and unscreened sides equal or exceed in length forty percent of the whole perimeter of such area.

Lot depth	the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.

Lot line	any of the boundary lines of a lot. A street lot line is the lot line abutting a street. Either street lot line of a corner lot may be designated by the Zoning Administrator to be the front lot line. A through lot has two front lot lines. The lot line or lines generally opposite the front lot line constitute the rear lot line. All other lot lines are side lot lines. When two or more lots are combined into one building site, the boundary lines of the building site shall be deemed to be lot lines.

Lot median	a line any point on which is equidistant from the side lot lines measured along lines drawn perpendicular to the side lot lines from the median.

Lot merger	the combining of contiguous parcels or units of land into a single parcel or unit.

Lot width	the horizontal distance between the side lot lines, measured along the line parallel to the front lot line and distant therefrom by a distance equal to the required depth of front yard on the lot.

Lot width, effective	the distance between side lot lines, or side lot lines extended, measured perpendicular to the median at the point of intersection of the median and the front lot line.

Lot, corner	a lot at the intersection of two street lines which intersect at an angle not greater than one hundred degrees.

Lot, interior	a lot other than a corner lot or reversed corner lot.

Lot, key	a lot, the sides of which adjoin the rear line of one or more adjoining lots.

Lot, reversed corner	a corner lot, the side street line of which is substantially a continuation of the front line of the lot to its rear.

Lot, small tract	a single-family residential lot, within a recorded tract map, consisting of lots zoned for less than one-half acre in size, excluding ½ acre or larger sized lots within the R-1 initiative areas.

Lot, through	a lot having frontage on two parallel or approximately parallel streets. The design of through lots shall be avoided.

Lowest floor	the lowest floor of the lowest enclosed area, including basement. An unfinished or food resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided it conforms to applicable nonelevation design requirements of this Code.

	For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below grade garages and storage areas.

M
Mall	a retail shopping area consisting of a group of buildings containing at least one major anchor tenant and a variety of shops surrounding an open concourse reserved for pedestrian traffic.

A

Manufactured home	a structure, transportable in one or more Sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision	a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufactured home park or subdivision, new	a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the City.

Massage establishment	a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out-call basis.

Massage technician	means a person who is certified by the California Massage Therapy Council and who administers massage for compensation, including massage practitioners and massage therapists as defined by California Massage Therapy Council.

Mean sea level	For the purpose of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base food elevations shown on a community's food insurance rate map are referenced.

Ministerial Approval	the review and/or approval of a residential project subject to objective standards that does not require the exercise of judgement or deliberation by the approval authority.

Mobile home	a vehicle other than a motor vehicle, designed and equipped to contain one or more dwelling units to be used without a permanent foundation and which is in excess of eight feet in width or in excess of forty feet in length.

Mobile home park	any premises where space is rented or offered for rent to two or more owners or users of mobile homes.

Mobile Vehicle Vendor	means any individual or entity who sells and makes immediate delivery, or offers for sale and immediate delivery, any food, beverages, goods, wares, or merchandise from a Mobile Vending Vehicle, including employees of Mobile Vehicle Vendors.

Mobile Vehicle Vendor License	means the City business license required to be obtained by Mobile Vehicle Vendors as set forth in this Title.

Mobile Vending Vehicle	any vehicle or motor vehicle, as those terms are defined in California Vehicle Code Sections 670 and 415 respectively, upon which food, beverages, goods, wares, or merchandise are sold, offered for sale, or distributed on any public street, alley, or private property. The term includes, without limitation, catering trucks, certain mobile food facilities and temporary food facilities, as well as Ice Cream Trucks and Food Trucks as defined in this Section; however, additional specific regulations apply to Ice Cream Trucks and Food Trucks as set forth in this Title.

Money service	businesses not considered financial institutions such as, but not limited to, payday loans, check cashing, title loans, automobile title loans, or money transmitters not registered with, and regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission.

Motel	a building or group of buildings containing individual sleeping units, designed for or used temporarily by tourists or transients, the operator of which is required by the Health and Safety Code of the State to record the license number of each patron's vehicle. A motel in which twenty percent or more of the rental units contain a kitchen or kitchenette is subject to all regulations of this Title governing a multiple dwelling unless approved pursuant to this Title.

Mudslide (i.e. mudflow)	describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

Mudslide (i.e. mudflow) prone area	an area with land surfaces and slopes of unconsolidated material where the history, geology and climate indicate a potential for mudflow.

N

Nameplate	a sign affixed against the wall of a dwelling which serves exclusively to designate the name, or the name and occupation, of a person residing therein.

New construction	for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by the City, and includes any subsequent improvements to such structures.

Noncommercial message	means a constitutionally protected message that addresses topics of public concern or controversy but is not advertising for hire and does not promote or advertise any business, product, activity, service, interest, establishment, location or entertainment. Such messages typically relate to debatable matters of public concern, such as, by way of example and not limitation, advocacy on politics, religion, arts, science, philosophy, commentary on governmental policy, etc.

Noncommercial sign	means a sign which solely contains a noncommercial message.

Nonconforming	a building, structure, site or sign, or portion thereof, or use of such which does not conform to the regulations of this Title, and which lawfully existed at the time the regulations with which it does not conform became effective.

A
Non-fixed place of business	any profession, trade or occupation not having a fixed place of business.

Nuisance	an act or omission that obstructs, damages, or inconveniences the rights of the community. The term "public nuisance" covers a wide variety of acts, omissions, or conditions that threaten the health, morals, safety, comfort, convenience, or welfare of a community. A nuisance is a thing, act, occupation or use of property which does any of the following:

	(a) Annoys, injures or endangers the safety, health, comfort or repose of the public;

	(b) Unlawfully interferes with, obstructs or tends to obstruct or render dangerous for passage a public park, square, street, alley or highway;

	(c) In any way renders the public insecure in life or in use of property.

O
Objective Standards	one or more standards that do not involve personal or subjective judgment by a public official and are uniformly verifiable by reference to an external, uniform benchmark or criterion, including, but not limited to, development standards, subdivision standards, and design standards.


Obstruction	includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction

	and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Office building	a building in which the majority of square footage that, by virtue of its design, is used or intended for use to provide a service and does not involve the retail sales of wares.

One-hundred- year food" or "100- year food"	see "Base food".

Open Space, Common	an area of unimproved or improved land or water designated for the public or the occupants of a development. Common Open Space may be utilized for either passive or active recreational purposes for the use and enjoyment of residents. Common open space includes common recreation facilities, open landscaped areas, preserved land with unique natural value and greenbelts, and excludes streets, drive aisles, driveways, parking lots (unless supporting an amenity) and other similar pavement areas, parkways, and landscaping within a public right-of-way (unless in separate easement). Drainage basins, drainage corridors and utility corridors may not be utilized as common open space unless they incorporate a usable community amenity (e.g. park, trail system, etc.), or a unique natural aesthetic benefit.

Overspeed control	a mechanism used to limit the speed of blade rotation to below the design limits of the WECS.

P
Parcel map	a map designed to be placed on record in the office of the County Recorder and prepared in accordance with the provisions of this Title and the Subdivision Map Act pertaining to parcel maps. A parcel map is required for subdivisions for which a final map, as defined in Section 17.08.110 of this Chapter, and as set forth in the Subdivision Map Act, is not required, except as set forth in Section 17.36.010 of this Title.

Parking lot	an of-street open area, the principal use of which is to provide space for the parking of passenger automobiles.

Parking space, automobile	space within a public or private parking area or a building for the temporary parking or storage of one automobile.

Path	a way designed for use by pedestrians, animals and cyclists and not intended for use as a way for motor-driven vehicular traffic.

Pawnshop	means any business whose primary operations include lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. This definition shall also include businesses that purchase tangible personal property such as precious metals with the intent to resell items in bulk and/or deconstructed, establishments known variously as gold buying, gold exchange, etc., as determined by the Zoning Administrator.

Peddler	every person not having fixed place of business in the City who travels from place to place or has a stand upon any public street, alley or other public place, doorway of any building, unenclosed or vacant lot or parcel of land, who sells or offers for sale at retail any goods, wares or merchandise in his possession.

Pedestrian Path	means a paved path or paved walkway, other than a sidewalk, that is owned by the City or another public entity and is specifically designed for pedestrian travel. The term Pedestrian Path shall not include any private property or areas not traditionally used or designated for pedestrian travel, such as bike-paths, streets, driveways, and public parking lots.

Person	means any natural person, partnership, cooperative association, corporation, joint venture, limited liability company, personal representative, receiver, trustee, assignee, or any other legal entity or combination of the foregoing acting as a single unit.

Planning Director	the City Manager or his/her designee.

A
Poles, overhead wires and associated overhead structures	means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

Police Department and Chief of Police	shall mean respectively, the agency which performs the appropriate law enforcement function for the City and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the City.

Preliminary plan	describes and outlines existing conditions of a site and its proposed development thereof and is for the purpose of informal review.

Premises	means the actual space in a building or site devoted to a particular use.

Proprietor	means a person with an ownership or managerial interest in a business. An "ownership interest" shall be found to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A "managerial interest" shall be found to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.

Public safety and nuisance	as related to the nature of variances of this Title means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or base.

Public utility distribution line	a line which is intended solely for the distribution of electricity, natural gas, water or communications to public and private uses.

Public utility transmission line	a line which is intended solely for the transmission of electricity, natural gas, water or communications between utility distribution facilities.

Public way	any street, alley or path as defined in this Chapter, which is dedicated to public use or owned by the City.

R
Recreational living space	any open space for relaxation, recreation and visual pleasure in the form of private or common area, the smallest dimension of which is at least 7 feet, which does not exceed a ground slope of ten percent, and which is not used as storage or for the movement of motor vehicles. Balconies, porches or roof decks may be considered usable open space when properly developed for work, play or outdoor living areas.

Recreational living space calculation	the calculations for the recreational living space per dwelling unit shall be made by finding the remainder, after deducting from the total of the building site:

	(a) All areas included as lot coverage excepting recreational buildings;

	(b) All open areas used to provide parking spaces or to provide access to any parking space;

	(c) Any remaining areas having a ground slope in excess of ten percent.

Recreational living space, Common	shall be accessible to all the occupants of all the dwelling units. Each common recreational living space shall have a minimum dimension of ten feet in any one direction, which does not exceed a ground slope of ten percent, and which is not used as storage or for the movement of motor vehicles. Pools, putting greens, shuffleboard courts and similar open- type recreational facilities may be included as common recreational living space. Recreational buildings may be included within the common outdoor recreational living space.

Recreational living space, Private	is for the individual use of the occupants within a dwelling unit and shall be contiguous to the unit served. Private recreational living space for dwelling units located on the ground floor shall have a minimum dimension of ten feet in any one direction. Private recreational living space for dwelling units located above the first floor may be provided in the form of open balconies or recessed open areas, with a minimum dimension of seven feet. All private recreational living space directly fronting on a public road right-of-way shall be screened by an enclosure with a minimum height of three feet and a maximum not to exceed fifty percent of the height from the ground to any roof structure.

Recreational vehicle	a motorhome, camping and/or travel trailer including a fifth wheel, camper, boat, personal watercraft, of-highway vehicle, utility trailer, with or without motive power, and their trailering vehicles, if applicable, designed for outdoor recreational activity and/or operation on public or private property.

Recreational vehicle park	any area or tract of land, within an area zoned for recreational use, where one or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes. For the purpose of this Section, "temporary" means a maximum duration of stay of ninety days within any one- year period.

Regulatory floodway	the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base food without cumulatively increasing the water surface elevation more than one foot.

Relocation agreement (billboard)	an agreement entered into between the City and a Billboard owner to relocate or replace an existing Billboard to another property or reconstruct it on the same property. Reconstruction may also include converting a static Billboard to Digital Display.

A
Remedy a violation	to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from food damages, implementing the enforcement provisions of this Chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

Residential	means any area zoned as residential within the City, including without limitation all Residential Districts outlined in Section 16-3.06.010 in Title 16 of this Code and the residentially designated areas of specific plan zoning districts within the City.

Residential, group or community care facility	any facility, place or building that is maintained and operated to provide residential care for six or fewer people as defined, regulated, and licensed by state law; including but not limited to the physically handicapped, mentally impaired, incompetent persons, abused or neglected children and the elderly. Community Care Facilities include but are not limited to the following: residential facility, adult day care facility, therapeutic day services facility, foster family agency, foster family home, small family home, social rehabilitation facility, community treatment facility, full service adoption agency, noncustodial adoption agency, and transitional shelter care facility. Any of these facilities in a single-family zoning district shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone if required by state law.

Responsible Person	the owner of record of real property, any occupant, agent, custodian, lessee, manager, user, or interested holder in property or premises, or any other person determined to have caused, committed, or permitted a violation of the Municipal Code and/or applicable statute, rule, code or regulation or a public nuisance.

Restaurant	means a bona fide eating place whose predominant function is the service of food and where alcoholic beverage sales are incidental. Incidental in this context means a restaurant with alcohol sales totaling less than twenty-five percent of all gross sales.

Rest home	a building, other than a hospital as defined by this Title, which is used to provide, under the supervision of a licensing agency of the State, living quarters and nonmedical care of one or more aged or infirm persons, and not involving residence on the premises of either a trained nurse or a physician.

Riverine	relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Roaming Sidewalk Vendor	means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.

S

School, home	the educating/instructing of a child or children within a single-family dwelling by an adult resident(s) of the dwelling for purposes of satisfying the compulsory education requirements of the State.

School, charter	a public facility as defined by Section 47600 of the Education Code which offers independent instruction in several branches of high school learning and study which meet the requirements of the compulsory education laws of the State.

School, elementary and high	an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State. High schools include junior and senior.

Seller's Permit	means a permit issued by the California Department of Tax and Fee Administration.

Separation fence	a barrier that separates all doors of a dwelling unit with direct access to a swimming pool from the swimming pool.

Setback	a setback is a required distance between a property line and a structure or building.

Setback, Front Yard	the area which defines the depth of the required front yard. The prescribed front yard setback shall be measured perpendicularly from the front property line. Refer to Yard definition for useable area measurements.

Setback, Rear Yard	the area that defines the depth of the required rear yard. The prescribed rear yard setback shall be measured perpendicularly from the rear property line. Refer to Yard definition for useable area measurements.

Setback, Side Yard	the area that defines the width of a required side yard. The prescribed side yard setback shall be measured perpendicularly from the interior or street side property line. Refer to Yard definition for useable area measurements.

Setback line	that line established by ordinance beyond which no building or any other structure may be erected or constructed except as permitted by this Title.

Sheet flow area	see "Area of shallow flooding."

Shopping Cart	means a basket which is mounted on wheels or a similar device generally used in a dry- cleaning, laundry, grocery, or retail establishment by a customer or an attendant for the purpose of transporting fabric, goods or supplies of any kind. This definition shall also pertain to a basket commonly referred to as a "Laundry Cart."

Shopping center	a group of commercial establishments planned, developed, owned or managed as a unit related in location, size and type of shops to the trade area that the unit serves; providing on-site parking in definite relationship to the types and sizes of stores.

Sidewalk	means that paved portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity.

A
Sidewalk Vendor	means a person who sells tangible goods such as food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public Sidewalk or a Pedestrian Path. The term Sidewalk Vendor includes both a Roaming Sidewalk Vendor and a Stationary Sidewalk Vendor.

Sidewalk Vendor Activity or Sidewalk Vending Activity	means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any Sidewalk Vendor Cart.

Sidewalk Vendor License	means the City business license required to be obtained by all Sidewalk Vendors as set forth in this Title.

Sign	any material, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including window display area for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projection signs or ground signs and shall also include any announcement, declaration, demonstration display, illustration or insignia used to advertise or promote the interest of any person or business when the same is placed in view of the general public.

Sign area	Includes the entire area within any type of perimeter or border which encloses the outer limits of any writing, representation, emblem, figure or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area utilized by any writing, representation, emblem, figure or character within a single continuous rectilinear perimeter of the smallest size and computing the area. The area computed shall be the maximal portion or portions which may be viewed from any one direction excepting freestanding signs. The support uprights or structure on which any such sign is supported shall not be included in determining the sign area.

Sign structure	a structural part of a building and/or parts fitted or jointed together as a framework, which supports or is intended to support a sign.

Sign, advertising	the outdoor display of any device, statuary, symbol, billboard or structure of any kind, or any lettered, figured, printed or pictorial matter on any premises for the purpose of promoting anyone or anything whatsoever; except a nameplate, an identifying sign, a sale or lease sign or a business sign as these are defined by this Title, and except any signs excluded by this Title.

Sign, animated	refers to signs that rotate, move, glare, flash, blink or appear to do any of these things, excepting barber poles. Animated signs shall be integrally related to the design and/or theme of the business or shopping center being advertised. A Digital Display billboard developed as part of a Relocated Billboard, or as pursuant to Section 16-3.22.190, shall not be considered an animated sign.

Signs, banner, flag or pennant	any cloth bunting, plastic, paper or similar material used for advertising purposes attached to, appended on or from any structure, stall, pole, lines, framing or vehicle.

Sign, billboard	an advertising structure used for of-premises advertising of a product, person, business or message. A billboard shall not mean a monument sign, animated sign, free-standing sign, or any other large sign.

Sign, business	a permanent outdoor sign designating the name of the owner or occupant of the business or service facility on the premises, or identifying the said business or facility.

Sign, canopy or marquee	a permanent sign attached to or hung from a canopy or marquee but not projecting above the top of the canopy or marquee.

Sign, digital display	an electronic advertising display for billboards where the message is changed more than once every two minutes but not more than once every six seconds.

Sign, directional	a permanent sign used to direct and control pedestrian or vehicular traffic and located on the same lot or premises as the use which it is intended to serve.

Sign, freestanding	a permanent sign placed upon or in the ground and not dependent on any part of a building.

Sign, ground or monument or	a low-profile, freestanding structure as defined in various zone districts. If an earthen berm or grade differential through the use of retaining walls is used to elevate a monument sign as defined in this Title, said berm or grade differential shall be no higher than fifty percent of the total height of the monument sign as measured from the base of the berm or retaining wall. A monument or ground sign shall require a building permit.

Sign, identifying	a permanent outdoor sign exclusively designating the name or name and use of a public or semipublic building or to inform as to the use of a recreation area, parking area or other open use permitted in the district.

Sign, illuminated	a permanent sign giving forth direct artificial light and shall not refer to any light cast upon a sign from an outside source. A Digital Display billboard developed as part of a Relocated Billboard, or an pursuant to Section 16-3.22.190, shall not be considered an illuminated sign.

Sign, lighted	a sign which is illuminated either directly or indirectly by artificial light. A Digital Display billboard developed as part of a Relocated Billboard, or as pursuant to Section 16- 3.22.190, shall not be considered a lighted sign.

A
Sign, offsite	a structure of any kind or character erected or maintained for information or advertising purposes of a business activity, use, service or product not sold or produced on the premises upon which the sign is placed, excepting all temporary signs as defined in this Title.

Sign, onsite	a structure of any kind or character erected or maintained for information or advertising purposes of a business activity, use, service or product sold or produced on the premises upon which the sign is placed, excepting all temporary signs as defined in this Title.

Sign, painted	a permanent sign which is painted on any exterior surface or structure of any kind.

Sign, parapet	a permanent sign located on a parapet wall and considered a wall sign.

Sign, permanent	a sign of a non-temporary nature requiring a building permit or a sign permanently fixed in a lawful location.

Sign placement area	a large fat and uninterrupted wall plane of either a primary or secondary façade, not to include windows.

Sign, pole	a permanent freestanding sign supported wholly by a pole, post, uprights or braces.

Sign, portable	a temporary sign which is capable of being carried or readily moved from one spot to another and which is not permanent in nature.

Sign, projecting	any freestanding sign or sign projecting from the face of a building, structure, canopy or marquee or extending into any required yard or setback area.

Sign, reader or message board	a sign containing, in whole or in part, electronic or manual devices allowing for changing copy, text or content. Electric time, temperature, theater marquee signs and/or fueling prices shall not be considered a reader or message board. A Digital Display billboard developed as part of a Relocated Billboard, or as pursuant to Section 16-3.22.190, shall not be considered a reader or message board.

Sign, roof	any sign supported by, attached to or projecting through the roof of a building above the parapet wall, the eave of a pitched roof, or any architectural feature (i.e., mansard).

Sign, sale or lease	a temporary sign which serves exclusively to indicate with pertinent information the offer to sell, rent or lease the real property or the building or premises thereon, upon which it is located.

Sign, secondary	a sign which advertises goods and/or services provided by a business.

Sign, subdivision or group housing project entrance	a monument sign identifying the name of a subdivision or group housing project consisting of letters or symbols attached to a wall located within the boundaries of a recorded and developed subdivision or group housing project.

Sign, subdivision	a temporary sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor and/or subdivider, the name of the owner and/or agent, and giving information regarding directions, price or terms.

Sign, temporary	a sign displayed for a period of time not exceeding thirty days, or as otherwise set by the provisions of this Title.

Sign, wall	any sign painted or otherwise marked on or attached parallel to, and not extending in height above the wall or parapet of a building or structure.

Sign, window	any sign painted or otherwise marked on or attached parallel to the face of a window or three feet inside of a window of a building or structure.

Single room occupancy development	a building(s) or structure(s) containing an individual secure rental residential living unit(s) with communal kitchen(s) or individual cooking facilities and individual or communal bathroom facilities.

Site Plan	a detailed plan of development or improvement which shall be reviewed and adopted by the Planning Commission or Zoning Administrator prior to the issuance of a building permit to determine the manner in which the applicant intends to develop his property.

Small livestock farming	the raising or keeping of more than twenty-five rabbits or twenty-five similar animals, or more than two goats, sheep and/or similar livestock. The term "small livestock farming" shall not include hog raising, dairying or the raising or keeping for commercial purposes of cats, dogs, horses, mules or similar livestock as determined by the Planning Commission.

Small residential rooftop solar energy system	means all of the following:
	1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
	2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
	3. A solar energy system that is installed on a single or duplex family dwelling.
	4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Victorville Municipal Code.
	A solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

Smoke shop	an establishment that either devotes more than 10 percent of its total floor area to tobacco products, including paraphernalia, or devotes more than a 2 foot depth by 4 foot length section of a single shelf space for display for sale of tobacco paraphernalia.

A
Smoking lounge	a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other legal substances and vaporizing, including, but not limited to, establishments known variously as cigar lounges, hookah cafes, hookah lounges, tobacco clubs, tobacco bars, vape, vapor cafes, vapor lounges, etc. (collectively referred to as "smoking lounge(s)").

Social Service	a use either provided directly or indirectly from the Federal, State and Local government which provides public assistance or services to the disadvantaged, needy, entitled or lawfully obligated members of the community. These services include, but are not limited to welfare, behavioral, rehabilitation or parole services. Public services which do not solely serve the disadvantaged, needy, or lawfully entitled members of community are not considered social services, such as City Hall, court offices and public safety offices. For purposes of this Municipal Code, Social Services are considered a government use.

Soils engineer	a civil engineer duly registered by the State who is experienced in soil mechanics and slope stability analysis. His primary duties are the investigation of proposed grading sites and tracts as related to the stability of the finished graded product. The soils engineer shall have a laboratory available which performs any and all testing required to properly evaluate materials under consideration.

Solicitor	means any person who goes from house to house, from business to business, or otherwise goes upon any private property in the City for the purpose of: (1) taking or attempting to take orders for the sale of goods, merchandise, wares, magazines, or other personal or intangible property of any nature for future delivery, or for services to be performed in the future; or (2) selling or offering to sell and making immediate delivery of any goods, merchandise, wares, magazines, or other personal property of any nature or services of any kind or description; or (3) requesting money, credit, funds, contributions, personal property or anything of value for a Charity for charitable purposes as defined herein. The term "Solicitor" does not include a licensed Sidewalk Vendor or a licensed Mobile Vehicle Vendor as defined elsewhere in this Title. Sidewalk Vendors are regulated by Chapter 7, Article 12 of this Title and Mobile Vehicle Vendors are regulated by Chapter 7, Article 13 of this Title.

Spa, non self- contained	a hydro massage pool or tub for recreational or therapeutic use, not located in health care facilities, designed for immersion of users and usually having a filter, heater and motor- driven blower. It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non self-contained spa is intended for recreational bathing and contains water over eighteen inches (four hundred fifty-nine mm) deep.

Special Assessment	the special assessment which may be assessed against a parcel of land as authorized by Government Code Section 38773.5 to recover the cost of abatement of a public nuisance incurred by the City of Victorville.

Special food hazard area (SFHA)	an area having special food or mudslide (i.e. mudflow) shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, AH, E, or M.

Specifications	the standard specifications for public improvements in the City including all amendments thereto. These are specifications adopted by resolution of the City Council prescribing the design standards, materials and workmanship to be used in subdivision design and construction of improvements and map standards to be applied in the preparation of subdivision maps all pursuant this Title.

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

Stable, public	a stable other than a private stable for keeping of horses.

Start of construction	includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stationary Sidewalk Vendor	means a Sidewalk Vendor who Vends from a fixed location.

Street	any public or private vehicular thoroughfare with a width of twenty feet or more, which affords a primary means of access to abutting property.

Street line	the boundary line between a street and abutting property.

A
Street, arterial	a street designed for the through movement of high vehicular traffic volumes in each direction and which is designated as a major or secondary arterial street on the General Plan of the City.

Street, collector	any street which, because of its design and location with reference to other streets and other sources of traffic shall be used to carry traffic from minor streets to a major thoroughfare and which is designated as a collector.

Street, local	a street intended wholly or principally for access to the abutting property.

Street, private	any parcel of land not dedicated to or owned in fee by the City, County or State, and which is used or intended to be used for ingress or egress from a lot or lots which do not have frontage on a public street.

Structural alterations	Any change to the supporting members of a structure such as the bearing walls or partitions, columns, beams or girders.

Structure	anything constructed or built, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Subdivider	a person, as defined by this Title, that proposes to divide, divides or causes to be divided, real property into a subdivision for himself or for others.

Subdivision	the division of any improved or unimproved land shown on the last equalized county assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing,

	whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project as defined in Section 1350 of the Civil Code or a community apartment project as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to the governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

Subdivision, commercial	a subdivision in which the primary use of the land is commercial as defined by this Title, and which such other uses may be permitted as are clearly incidental to the commercial development.

Subdivision, industrial	a subdivision in which the primary use of the land is industrial as defined by this Title, and in which such other uses may be permitted as are clearly incidental to the industrial development.

Subdivision, Urban	a subdivision of land that qualifies for streamlined, ministerial approval and is subject to applicable objective standards. For the purposes of this Code, urban lot splits and certain small-lot subdivisions are considered urban subdivisions when consistent with the criteria and procedures established within this Title.

Subdivision, residential	a subdivision in which the primary use of the land is residential as defined by this Title, and in which such uses may be permitted as are clearly incidental to residential development.

Substantial Change	any modification that substantially changes the physical dimensions of an eligible support structure as described in 47 CFR section 1.40001(b)(7). This definition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code.

Substantial damage	damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.

Substantial improvement	any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvements. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

	(1) Any project for improvement of a structure to correct existing violations or State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

	(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Supportive housing	housing with no limit on length of stay, that is occupied by persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or

	other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people; and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Support Structure	means any structure (whether built for wireless purposes or not) that supports transmission equipment. This definition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code.

A
Swap Meet	means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter. Also means a grouping of vendor spaces located outside or within a permanent structure. The vendor spaces within a swap meet are typically smaller than 350 square feet in size and lack permanent enclosure walls.

Swept area	the largest area of the WECS which extracts energy from the wind stream. In a conventional propeller-type WECS there is a direct relationship between swept area and the rotor diameter.

Swimming pool	any structure intended for swimming or recreational bathing that contains water over eighteen inches (four hundred fifty-nine mm) deep. This includes in-ground, above-ground and on-ground swimming pools and fixed-in-place wading pools.

Swimming pool, indoor	a swimming pool that is totally contained within a residential structure and surrounded on all four sides by walls of said structure.

Swimming pool, outdoor	any swimming pool that is not an indoor pool.

T
Temporary Special Permit	means a permit, other than a Sidewalk Vendor License, issued by the City for the temporary use of or encroachment on, the Sidewalk or other public area, including without limitation, an encroachment permit, a special event permit, a temporary event or similar permit, for purposes such as commercial filming, and City or privately sponsored parades, street fairs, outdoor concerts, festivals, and carnivals.

Tenant or Occupant	applied to a building, dwelling, structure or land shall include any person, business or entity who lawfully occupies the whole or part of such building, dwelling, structure or land, whether alone or with others.

Tentative map	a map conforming to this Title and the provisions of the Subdivision Map Act pertaining to tentative maps. The purpose of the tentative map is to show the design of a proposed subdivision and the existing conditions around it. Failure to comply with the requirements

	for tentative maps as set forth in this Title and the Subdivision Map Act will result in rejection of the map for filing.

Thrift retail store	a retail store and related donation facility engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. "Thrift retail store" excludes the sale of large household appliances such as refrigerators or stoves and does not include the sale of vehicles or anything automotive-related.

Tobacco paraphernalia	shall mean any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco or tobacco products. Items or devices classified as tobacco paraphernalia include but are not limited to the following: cigarette papers or wrappers, blunt wraps as defined in Section 308 of the California Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, or other instruments or things designed for the smoking or ingestion of tobacco products, including electronic smoking products and/or devices. Lighters and matches shall be excluded from the definition of tobacco paraphernalia.

Tobacco product	shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. Tobacco product includes any component, part, or accessory used to enable human consumption of tobacco or nicotine, regardless of if that product contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, and tobacco paraphernalia as defined in this Section. For purposes of the Development Code, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

Tobacco product coupon	means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

Tobacco product, flavored	means any tobacco product that imparts a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or a cooling or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.

Tobacco product,
presumptive
flavored

means any communication by or on behalf of the manufacturer or retailer of a tobacco
product that such tobacco product imparts a taste or odor other than the taste or odor of
tobacco, or that imparts a cooling or numbing sensation, constitutes presumptive evidence
that the tobacco product is a flavored tobacco product. This includes but is not limited to
public statements that a product has a minty or cooling effect, such as describing the
product as "chill," "ice," "fresh," "arctic," or "frost."

Tobacco retailer establishment	including "tobacco retailer" means any establishment that sells, offers for sale, or does proffers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or any electronic smoking product and/or device. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. This definition shall not include wholesales or distributors not authorized to engage in retail sales of tobacco products directly to consumers.

Tobacco retailer establishment, nonconforming	means any tobacco retailer that does not conform to the regulations of the Development Code, and which lawfully existed at the time the regulations with which it does not conform became effective.

Tobacco retailer license (TRL)	means the license required to be obtained and maintained by a tobacco retailer establishment as required in Article 7, Chapter 3 of the Development Code.

Total height	the height of the tower and the furthest vertical extension of the WECS.

Tract Development	the concurrent development of two (2) or more single family dwellings within a recorded tract map.

Transitional housing	housing configured as rental housing developments, with supportive services for up to twenty-four months but not less than six months. Transitional housing is designated and targeted for recently homeless persons and is intended to move recently homeless persons to permanent housing as quickly as possible and recirculate the assisted housing to another eligible program recipient. This type of housing includes self-sufficiency development services, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

Transmission Equipment	means any equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including but not limited to radio transceivers, antennas, and other relevant equipment associated with and relevant to their operation, including cable and power supply devices. Transmission equipment does not include electrical meter pedestals needed to measure the amount of electric energy consumed by an electrically powered device. This definition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code.

U
Underground utility district or district	that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of this Title.

Unoccupied or Vacant	applied to a building, dwelling, structure or land shall mean a building, dwelling, structure or land that is not occupied or otherwise utilized by any person, business or entity with a legal right to hold possession or to exercise dominion or control over such building,

	dwelling, structure or land such that a reasonable person would believe that such building, dwelling, structure or land has not been lawfully occupied or utilized for an extended period of time.

Usable area	the area of a lot which is free from slopes greater than ten percent, open drainage channels or any other easement which prevents the use of the property for recreational purposes, excluding driveways.

Use	the purpose for which land or a building or structure is designed, arranged or intended or for which it is occupied, maintained, let or leased.

Use, accessory	a use incidental and subordinate to the principal use of the parcel of land on which it is located, which does not alter the characteristics of the use considered as a whole and as related to other uses permitted in the same district.

Use, conditional	a use that requires approval of a Conditional Use Permit by the Zoning Administrator or Planning Commission before the use is allowed on a specific building site.

Use, permitted	a use that is allowed in a particular Zoning District as long as all other zoning district and special criteria requirements are met.

Use, principal	any permitted or conditional use listed in this Title.

Use, prohibited	a use that is not allowed in a particular Zoning District, unless considered a similar use on a specific building site as defined by this Title.

A
Use, similar	a use that may allowed on a specific building site if determined by the Zoning Administrator to be: (i) Comparable to a use allowed within the subject Zoning District; or (ii) Located within a commercial or industrial zone district and appropriate to utilize an existing development with sufficient improvements when compatible with adjacent land uses and the built environment, and when the use does not present any negative impacts to public interest, surrounding businesses or residents, and/or the public health, safety and welfare. Any uses outlined in Section 16-3.07.025 of this Title and/or any uses involving the sales of tobacco products or alcohol shall not be considered a similar use.

Utility	includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

V
Variance	a grant of relief from the requirements of this Title which permits construction in a manner that would otherwise be prohibited by such.

Vehicle for hire	any vehicle used for the transportation of passengers who direct the route to be traveled over the streets, and not operated over a fixed route, for compensation, including but not limited to vehicles commonly known as taxicabs, limousines, shuttle services or sightseeing buses.

Vend or Vending	means to sell, offer to sell, expose for sale, solicit offers to purchase, or barter food, goods, or merchandise for present delivery. Vending includes offering samples of products that are also for sale, negotiating fees for goods, and/or requesting donations in exchange for merchandise for present delivery. Also means selling, offering for sale, or displaying or dispensing any food, beverages, goods, wares, or merchandise from any Mobile Vending Vehicle.

Vending Cart	means any pushcart, stand, booth, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used to conduct Sidewalk Vendor Activities that is not a vehicle or motor vehicle as defined in Sections 670 and 415 the California Vehicle Code.

Vertical Mixed-use	development characterized by multi-story buildings containing a mix of residential and commercial uses to promote compact development and walkability. Commercial and live/work uses are located on the ground floor, while residential units are located on upper levels.

Violation	the failure of a structure or other development to be fully compliant with this Chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided.

VVEDA	the Victor Valley Economic Development Authority.

W
Wall	a thick structure which forms a rampart or enclosure constructed of and deriving most of its structural support from concrete and/or masonry.

Water surface elevation	the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of foods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse	a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial food manage may occur.

Wind energy conversion system	a machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment.

Wireless communication facility	any structure that transmits and/or receives radio frequency signals and their associated antennas, towers, poles, equipment shelters, support structures and other related equipment for the transmission and receipt of signals that enable people and devices to communicate independent of location. This includes current technology such as cellular communication, personal communication services, digital broadband and similar technology. It does not include non-commercial antennas, commercial radio and television transmitters (transmission communication facilities), residential television, radio antennas and non-commercial satellite (microwave) dishes which are regulated by other Sections of the Victorville Municipal Code.

Wireless
Communication
Facility or "WCF"

any facility or facilities that transmit and/or receive electromagnetic waves and their
associated transmission equipment, towers, poles, base stations, support structures and
other related equipment for the transmission and receipt of signals that enable people and
devices to communicate independent of location. This includes technology such as cellular
communication, personal communication services, digital broadband, distributed antenna
systems, small cells, and similar technology whether located on private property, public
property, or the public right-of-way. The term does not include non-commercial antennas,
commercial radio and television transmitters (transmission communication facilities),
residential television, radio antennas and non-commercial satellite (microwave) dishes
which are regulated by other sections of this Code. This definition is intended to be utilized
in conjunction with the "Wireless Communication Facilities" section outlined in
Title 16,
Article 24, of the Development Code.

A
Wireless Tower	means any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated equipment, but does not include structures that were installed to replace or collocate upon existing utility and light poles, water towers, or buildings. This definition is intended to be utilized in conjunction with the "Wireless Communication Facilities" section outlined in Title 16,Article 24, of the Development Code.

Y
Yard	means an open area that lies between the wall plane of a primary structure and the nearest property line within which no structures may be located, unless otherwise specified in this Title. Yards shall have a minimum usable area abutting the primary structure equal to the required setback dimension of the respective yard as measured perpendicularly from the primary building, unless otherwise specified in this Title.
	.
Yard, front	the area extending across the full width of the lot between a main building and the front lot line. The required front yard shall be measured in a manner consistent with this Title.

Yard, rear	the area extending across the full width of the lot between a main building and the rear lot line. The required rear yard shall be measured in a manner consistent with this Title.

Yard, salvage	any outdoor space where junk, waste, discarded or salvaged materials are stored or handled, including automobile wrecking yard, house wrecking yard, used lumber yard and storage of salvage materials of all kinds; but excluding space used for the storage of used vehicles or machinery in operable condition, and the processing of used or salvaged materials as part of a lawfully existing manufacturing operation on the same premises.

Yard, side	the area extending across the full width of the lot between a main building and the side lot line. The required side yard shall be measured in a manner consistent with this Title.

Yard, street side	a side yard which faces a public street on a corner lot and extending from the front yard to the rear yard property line.

(Ord. No. 2288, § 2, 2-7-12, eff. 3-9-12; Ord. No. 2302, § 1, 10-15-13; Ord. No. 2303, § 1, 12-3-13; Ord. No. 2322, § 1, 1-20-15; Ord. No. 2326, § 1, 1-20-15; Ord. No. 2318, § 2, 2-3-15; Ord. No. 2324, § 1, 10-7-14; Ord. No. 2340, § 3, 7-21-15; Ord. No. 2339, § 2, 8-18-15; Ord. No. 2345, § 1, 10-6-15; Ord. No. 2357, § 2, 10-18-16; Ord. No. 2359, § 2, 12-20-16; Ord. No. 2360, § 3, 12-20-16; Ord. No. 2368, § 6, 6-20-17; Ord. No. 2376, § 4, 11-7-17; Ord. No. 2388, § 3, 3-19-19; Ord. No. 2410, § 2, 7-21-20; Ord. No. 2415, § 3, 3-2-21; Ord. No. 2443, § 3, 9-5-23; Ord. No. 2448, § 5(Exh. B), 2-6-24; Ord. No. 2449, § 2(Exh. A), 3-5-24; Ord. No. 2450, § 3(Exh. A), 7-16-24; Ord. No. 2454, § 5(Exh. B), 3-4-25; Ord. No. 2461, § 3, 11-18-25; Ord. No. 2464, § 6, 4-7-26)

Chapter 2: - Administration Article 1: - Amendments

Sec. 16-2.01.010: - Authority

The Development Code may be amended by changing the boundaries of any zoning district or by changing any Code Section, district regulation, requirement, general provision, exception, procedure, design guideline, policy or any other provision as provided for in this Code.

Sec. 16-2.01.020: - Initiation

An amendment may be initiated by the owner or the authorized agent of real property. If the property for which an amendment is proposed contains more than one ownership, all of the property owners or authorized agents shall join in the initiation of an amendment. An amendment may also be initiated by the City Manager or his/her designee or by a resolution of the Planning Commission or by action of the City Council in the form of a request to the Planning Commission that it consider a proposed change. Amendments shall follow the procedures as specified in this Article.

(Ord. No. 2388, § 3, 3-19-19)

Sec. 16-2.01.030: - Department action

The Development Department shall make an investigation of the application and shall prepare a written report which shall be transmitted to the Planning Commission and made available to the applicant(s) prior to the public hearing. The Development Department may consult with other City Departments and other public agencies in its investigation.