Skip to code content (skip section selection)
(a) Throughout this title the following words and phrases shall have the meanings ascribed in this section.
(1) "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
(2) "Abutting" means having property or district lines in common.
(3) "Accessory building or structure" means a building or structure which is incidental to and customarily associated with a specific principal use or facility, and which meets the applicable conditions set forth in Section 18.12.080.
(4) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
In some instances this Code uses the term second dwelling unit interchangeably with accessory dwelling unit. For the purposes of this definition, in order to provide “complete independent living facilities,” a dwelling unit shall not have an interior access point to another dwelling unit (e.g. hotel door or other similar feature/appurtenance).
(5) "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.
(6) "Administrative office services" means offices and service facilities performing headquarters, regional, or other level management and administrative services for firms and institutions.
(7) "Airport-related use" means a use providing aviation-related services typically ancillary to operations of an airport including, but not limited to, aircraft repair and maintenance, flight instruction, and aircraft chartering.
(8) "Alley" means a public or private vehicular way less than twenty-five feet in width affording a secondary means of vehicular access to abutting property.
(11) "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in relative position of buildings or structures on a site, or substantial change in appearance of any building or structure.
(A) "Incidental alteration" means any alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility services, fixtures or appliances; any addition, closing, or change in size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the structure.
(B) "Structural alteration" means any alteration not deemed an incidental alteration.
(12) "Animal care" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services.
(12.5) "Automobile dealership" means a use primarily engaged in sale, lease, service, or minor repair of new and used automobiles and trucks. Other accessory services incidental and supporting auto sales include service bays for engine, transmission, air conditioning, and minor painting, body and fender repair, car wash, auto rental, and similar services.
(13) "Automobile service station" means a use providing gasoline, oil, tires, small parts and accessories, and services incidental thereto, for automobiles, light trucks, and similar motor vehicles. The sale of food or grocery items or alcoholic beverages on the same site is prohibited except for prepackaged soft drinks, cigarettes, and snack foods either from automatic vending machines or in shelves occupying a floor area not to exceed forty square feet.
(14) "Automotive services" means a use primarily engaged in the rental, service, or major repair of new or used automobiles, trucks, trailers, boats, motorcycles, recreational vehicles, or other similar vehicles, including tire recapping, painting, body and fender repair, smog inspection, car wash and detailing, and engine, transmission, air conditioning, and glass repair and replacement, and similar services.
(15) "Basement" means that portion of a building between the lowest floor and the ceiling above, which is fully below grade or partly below and partly above grade, but so located that the vertical distance from grade to the floor below is more than the vertical distance from grade to ceiling.
(15.5) "Bed and breakfast" lodging means the furnishing of rooms or groups of rooms equipped regularly to provide lodging by prearrangement and for compensation for short periods of time and not to exceed six guest rooms. Meals may or may not be provided, but there is one common kitchen facility.
(16) "Below market rate (BMR) housing unit" means any housing unit sold or rented to very-low, low- or moderate-income households pursuant to the City of Palo Alto's below market rate program administered by the Palo Alto Housing Corporation, or a successor organization.
(17) "Bicycle parking space" means an area specifically reserved and intended for parking of a bicycle, accessible to the user independently of any other bicycle parking space, and including such additional features or conveniences as specified by this title.
(18) "Block" means any lot or group of contiguous lots bounded on all sides by streets, railroad rights-of-way, or waterways, and not traversed by any street, railroad right-of-way, or waterway.
(21) "Breezeway" means a building or specific portion thereof, not over twelve feet in height at the ridge line, which connects two otherwise separate buildings, and which is not more than fifty percent enclosed at the perimeter, including the wall surfaces of the buildings so connected.
(22) "Building" means any structure used or intended for supporting or sheltering any use or occupancy.
(23) "Business or trade school" means a use, except a college or university, providing education or training in business, commerce, language, or other similar activity or pursuit, and not otherwise defined as a home occupation or private educational facility.
(23.5) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this title, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
(A) “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in Division 10 of the California Business and Professions Code. “Commercial cannabis activity” does not include personal uses allowed by Health and Safety Code Sections 11362.1 and 11362.2 or personal medicinal uses allowed by Sections 11362.765 and 11362.77, as amended from time to time.
(B) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(C) “Medical cannabis dispensary” is a facility where cannabis is made available for medicinal purposes in accordance with any provision of state law that authorizes the use of cannabis for medicinal purposes.
(24) “Canopy” means any roof-like structure, either attached to another structure or freestanding, or any extension of a roof line, constructed for the purpose of protection from the elements in connection with outdoor living.
(24.5) “Carport” means a portion of a principal residential building or an accessory building to a residential use designed to be utilized for the parking or storage of one or more motor vehicles, which is at least 50% open on two or more sides, including on the vehicular entry side, and covered with a solid roof.
(25) "Cellar" means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling.
(26) "Change of use" means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged. (See also subdivisions (A) through (F) of subsection (143) of this Section 18.04.030.)
(27) "Church" means a use providing facilities for regular organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section 206 of the Revenue and Taxation Code of the State of California, or successor legislation, constitutes prima facie evidence that such use is a church as defined in this section.
(31) "College" or "university" means an educational institution of higher learning which offers a course of studies designed to culminate in the issuance of a degree as defined by Section 94302 of the Education Code of the State of California, or successor legislation.
(32) "Combining district" means a district established by this title, which may be applied to a lot or portion thereof only in combination with a general district. More than one combining district may apply to the same lot or portion thereof.
(33) “Commercial recreation” means a use providing recreation, amusement, exercise or entertainment services, including theaters, bowling lanes, billiard parlors, skating arenas, gymnasiums, exercise studios or facilities, fitness centers, martial arts studios, group movement instruction, and similar services, operated on a private or for-profit basis, but excluding uses defined as personal services or outdoor recreation services.
(34) “Community center” means a place, structure, area, or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
(35) “Convalescent facility” means a use other than a residential care home providing inpatient services for persons requiring regular medical attention, but not providing surgical or emergency medical services.
(36) “Corporation yard” is defined in subsection (52).
(38) “Court” means a space open and unobstructed to the sky, located at or above grade level on a lot, and bounded on three or more sides by walls of a building.
(41) “Covered parking” means a carport or garage that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiberglass, and vegetation are not ordinary roof coverings and cannot be used in providing a covered parking space.
(42) “Day care center” means a day care facility licensed by the state or county for nonmedical daytime care. This term includes, but is not limited to, nursery schools, preschools and similar facilities.
(43) Day Care Home.
(A) “Family day care home” means a home licensed by the state or county which regularly provides care, protection, and supervision for fourteen or fewer children, in the provider’s own home, for periods of less than twenty-four hours per day, while the parents or guardians are away and includes the following:
(i) “Large family day care home” means a home which provides family day care for seven to fourteen children, inclusive, including children under the age of ten who reside at the home, subject to the requirements of State Health and Safety Code § 1597.465.
(i) “Small family day care home” means a home which provides family day care for eight or fewer children, including children under the age of ten who reside at the home, subject to the requirements of State Health and Safety Code § 1597.44.
(B) “Adult day care home” means use of a dwelling unit or portion thereof, licensed by the state or county, for daytime care and supervision of twelve or fewer persons, above the age of eighteen, and includes the following:
(i) “Large adult day care home” means a home which provides daytime care of seven to twelve adults.
(ii) “Small adult day care home” means a home which provides daytime care to six or fewer adults.
(43a) Deleted. [Ord. 4642 § 32]
(44) “Daylight plane” is intended to provide for light and air, and to limit the impacts of bulk and mass on adjacent properties. “Daylight plane” means a height limitation that, when combined with the maximum height limit, defines the building envelope within which all new structures or additions must be contained. The daylight plane is an inclined plane, beginning at a stated height above average grade, as depicted in the development standards for each zone district, and extending into the site at a stated upward angle to the horizontal up to the maximum height limit. The average grade, for the purpose of determining the daylight plane, is the average of the grade at the midpoint of the building and the grade at the closest point on the abutting lot line. The daylight plane may further limit the height or horizontal extent of the building at any specific point where the daylight plane is more restrictive than the height limit applicable at such point on the site. The daylight plane shall be measured separately for each building on a lot, and separately for each side of each building.
(44.5) “Days” means calendar days, provided, if the last day upon which an action is to be taken is a weekend or official holiday, or a day upon which the city clerk’s office is not open to the public, the time for completing the action shall be extended through the next business day.
(44.8) “Director” means the director of planning and development services, unless indicated otherwise.
(45) “Drive-in service” means a feature or characteristic of a use involving sales of products or provision of services to occupants in vehicles, including drive-in or drive-up windows and drive- through services such as mechanical automobile washing, pharmacy windows, coffee stands, automatic teller machines, etc.
(46) “Dwelling unit” means a room or group of rooms including living, sleeping, eating, cooking, and sanitation/bathing facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy on a nontransient basis and having not more than one kitchen.
(47) “Eating and drinking service” means a use providing preparation and retail sale of food and beverages, including restaurants, fountains, cafes, coffee shops, sandwich shops, ice cream parlors, taverns, cocktail lounges and similar uses. A minimum of 50% of revenues from an “eating and drinking service” must be derived from the sale of food. Related definitions are provided in subsections (45) and (136).
(50) “Emergency shelter” means a facility or use, which provides temporary housing (six months or less) for homeless individuals or families and may involve supplemental services. Supplemental services may include, but are not limited to, meal preparation, an activities center, day care for homeless person’s children, vocational rehabilitation and other similar activities.
(51) “Enclosed” means a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than one hundred square feet fully surrounded by a building or walls exceeding eight feet in height.
(51.5) “Envelope” means the three-dimensional spatial configuration of a building’s volume and mass.
(52) “Equipment yard” means a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies, or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity. “Equipment yard” includes a construction materials yard, corporation yard, vehicular service center or similar use.
(53) “Facility” means a structure, building or other physical contrivance or object.
(A) “Accessory facility” means a facility which is incidental to, and customarily associated with, a specified principal facility, and which meets the applicable conditions set forth in Chapters 18.40 and 18.42.
(B) “Noncomplying facility” means a facility which is in violation of (i) any of the site development regulations or other regulations established by this title, but was lawfully existing on July 20, 1978, or (ii) any amendments to this title, but was lawfully existing prior to the application of any district or regulation to the property involved by reason of which adoption or application the facility became noncomplying. Sometimes this Code interchangeably refers to “noncomplying facilities’ as “legal noncomplying”, “grandfathered” or “grandparented” facilities. (For the definition for “nonconforming use” see subsection (143)(B)).
(C) “Principal facilities” means a main building or other facility which is designed and constructed for or occupied by a principal use.
(54) “Family” means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. “Family” shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodginghouse, or institution of any kind.
(55) “Farmers’ market” means a market certified by the state or county agricultural commission under Title 3, Chapter 3, Article 6.5 of the California Administrative Code which allows direct retail sale by farms to the public of such items as fruits, vegetables, nuts, eggs, honey, nursery stock, cut flowers, live animals and inspected meats and seafood.
(56) “Financial service” means a use providing financial services to individuals, firms, or other entities. The term “financial service” includes banks, savings and loan institutions, loan and lending institutions, credit unions and similar services.
(57) “Floor area ratio” means the maximum ratio of gross floor area on a site to the total site area.
(57.5) “Footprint” means the two-dimensional configuration of a building’s perimeter boundaries as measured on a horizontal plane at ground level.
(57.6) “Formula retail business” means a retail, personal, or eating and drinking service that is one of ten (10) or more business locations in the United States required by contractual or other arrangement to maintain any of the following standardized characteristics: merchandise, menu, services, decor, uniforms, architecture, facade, color scheme, signs, trademark, or servicemark. For purposes of this definition:
(A) “Standardized merchandise, menu and/or services” means 50% or more of in- stock merchandise from a single distributor bearing the same or similar markings; 50% or more of menu items identical in name and presentation with other locations; or 50% or more of services offered identical in name or presentation with other locations.
(B) “Decor” means the style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures.
(C) “Color Scheme” means the selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.
(D) “Uniforms” means standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags) as well as standardized colors of clothing.
(E) “Facade” means the face or front of a building, including awnings, looking onto a street or an open space.
(F) “Trademark” means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.
(G) “Servicemark” means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.
(58) “Full cash value” has the meaning assigned to it in the Revenue and Taxation Code for property taxation purposes.
(59) “Garage, private” means a portion of a principal residential building or an accessory building to a residential use designed to be utilized for the parking or storage of one or more motor vehicles, which is enclosed on three or more sides and covered with a solid roof.
(61) “General business office” means a use principally providing services to individuals, firms, or other entities, including but not limited to real estate, insurance, property management, title companies, investment, personnel, travel, and similar services.
(62) “General district” means a district created by this title establishing basic regulations governing land use and site development. Not more than one general district designation shall apply to the same portion of a lot.
(63) “General business service” means a use engaged in sales, servicing, installation, and repair services, generally intended to support other businesses, rather than individual consumers. General business services typically include, but are not limited to, volume printing and photography services, blueprinting and publishing, commercial bakeries, dry cleaners that accept laundry from other businesses and are classified as Class IV plants in Title 15 of the Municipal Code, creameries or catering, cabinetry and furniture repair, lumber, plumbing, electrical, heating and air conditioning, and other construction and building materials, and commercial automobile and truck parts and supplies.
(A) “Grade,” in all districts other than the R-E and R-l residence districts means the lowest point of adjacent ground elevation, of the finished surface of the ground, paving, or sidewalk, excluding areas where grade has been raised by means of a berm, planter box, or similar landscaping feature, unless required for drainage, within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. In building areas with natural slopes in excess of ten percent, “grade” shall mean the adjacent ground elevation of the finished or existing grade, whichever is lower.
(B) “Grade” in the R-E and R-1 residence districts, means, for each building or structure, the lowest point of adjacent ground elevation prior to grading or fill, if the site has a natural slope of 10% or less. For R-E and R-1 sites with a natural slope of more than 10% (calculated using the lowest and highest elevations on the site), “grade” shall mean the adjacent ground elevation of the finished or existing grade, whichever is lower. The calculation of “average grade” for the purpose of determining the daylight plane is described in the definition of “Daylight Plane.”
(64.5) “Grandfathered” means a designation established by means of a “grandfather clause,” exempting a class of uses or structures from the otherwise currently applicable provisions of this title, because such uses or structures conformed with earlier applicable provisions of this title, prior to the enactment of subsequent provisions.
(65) “Gross floor area” is defined as follows:
(A) Non-residential & Multifamily Inclusions: For all zoning districts other than the R-E, R-1, R-2 and RMD residence districts, “gross floor area” means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including all of the following:
(ii) Stairways measured at each floor;
(iii) Elevator shafts measured at each floor;
(iv) Service and mechanical equipment rooms;
(v) Basement, cellar or attic areas deemed usable by the director of planning and development services;
(vi) Open or roofed porches, arcades, plazas, balconies, courts, walkways, breezeways or porticos if located above the ground floor and used for required access;
(vii) Permanently roofed, but either partially enclosed or unenclosed, building features used for sales, service, display, storage or similar uses; and
(viii) In residential districts other than the R-E, R-1, R-2 and RMD residence districts, all roofed porches, arcades, balconies, porticos, breezeways or similar features when located above the ground floor and substantially enclosed by exterior walls.
(B) Non-residential & Multifamily Exclusions: For all zoning districts other than the R-E, R-1, R-2 and RMD residence districts, “gross floor area” shall not include the following:
(i) Parking facilities accessory to a permitted or conditional use and located on the same site;
(ii) Roofed arcades, plazas, walkways, porches, breezeways, porticos, and similar features not substantially enclosed by exterior walls, and courts, at or near street level, when accessible to the general public and not devoted to sales, service, display, storage or similar uses.
(iii) In residential districts other than the R-E, R-1, R-2 and RMD residence districts, all roofed porches, arcades, balconies, porticos, breezeways or similar features when located above the ground floor and not substantially enclosed by exterior walls, but not to exceed more than 5% of the site.
(iv) For existing structures, minor additions of floor area approved by the director of planning and development services for purposes of resource conservation or code compliance, upon the determination that such minor additions will increase compliance with environmental health, safety or other federal, state or local standards. Any additional floor area approved shall not qualify for grandfathered floor area in the event the building is later replaced or redeveloped. Such allowable additions may include, but not be limited to, the following:
a. Except in the CD District, areas designed for resource conservation, such as trash compactors, recycling, and other energy facilities meeting the criteria outlined in Section 18.42.120 (Resource Conservation Energy Facilities);
b. Areas designed and required for hazardous materials storage facilities, disability related access or seismic upgrades. For the purpose of this section disability related upgrades are limited to the incremental square footage necessary to accommodate disability access and shall be subject to the Director’s approval not to exceed 500 square feet per site. Disability related upgrades shall only apply to remodels of existing buildings; and
c. Areas designed and required for refuse storage, such as trash, recycling, and compost, when it is the minimum amount needed to comply with current code requirements. The provisions of this subsection (a)(65)(B)(iv) are not intended to and do not allow the removal of a previously approved existing interior refuse storage area.
(v) In commercial and industrial districts except in the CD District and in areas designated as special study areas, additions of floor area designed and used solely for on-site employee amenities for employees of the facility, approved by the director of planning and development services, upon the determination that such additions will facilitate the reduction of employee vehicle use. Such additions may include, but are not limited to, recreational facilities, credit unions, cafeterias day care centers, automated teller machines, convenience stores, and on-site laundry facilities.
(vi) In subterranean parking garages: Areas designed and required for electrical and fire equipment rooms, and other areas designated for similar purposes that do not increase the intensity of the use of the site; this exclusion only applies to the minimum area needed for equipment rooms, and similar purposes to comply with current code requirements.
(C) Low Density Residential Inclusions and Conditions: In the RE and R-1 single- family residence districts and in the R-2 and RMD two-family residence districts, “gross floor area” means the total covered area of all floors of a main structure and accessory structures greater than one hundred and twenty square feet in area, including covered parking and stairways, measured to the outside of stud walls, including the following:
(i) Floor area where the distance between the top of the finished floor and the roof directly above it measures seventeen feet or more shall be counted twice;
(ii) Floor area where the distance between the top of the lowest finished floor and the roof directly above it measures twenty-six feet or more shall be counted three times;
(iii) Carports and garages shall be included in gross floor area;
(iv) The entire floor area of a vaulted entry feature that extends above 12 feet measured from grade, whether enclosed or unenclosed, shall be counted twice in the calculation of gross floor area;
(v) The footprint of a fireplace shall be included in the gross floor area, but is only counted one time;
(vi) All roofed porches, arcades, balconies, porticos, breezeways or similar features when located above the ground floor and more than 50% covered by a roof or more than 50% enclosed shall be included in the calculation.
(vii) Recessed porches on the ground floor extending in height above the first floor shall be included once in the calculation.
(D) Low Density Residential Exclusions: In the RE and R-1 single-family residence districts and in the R-2 and RMD two-family residence districts, “gross floor area” shall not include the following:
(i) Basements where the finished level of the first floor is not more than three feet above the grade around the perimeter of the building foundation, shall be excluded from the calculation of gross floor area, provided that lightwells, stairwells and other excavated features comply with the provisions of Section 18.12.070;
(ii) Areas on floors above the first floor where the height from the floor level to the underside of the rafter or finished roof surface is less than 5 feet shall be excluded from the calculation of gross floor area;
(iii) Two hundred square feet of unusable third floor equivalent, such as attic space, shall be excluded from the calculation of gross floor area. Provided, there shall be no exclusion of floor area if any portion of the unusable third floor equivalent area has a roof slope of less than 4:12;
(iv) Bay windows shall be excluded from gross floor area if the bay structure is located at least eighteen inches above the interior finished floor level, projects no more than two feet from the main building wall and more than 50% of the bay area is covered by windows;
(v) Open or partially enclosed (less than 50% enclosed) porches, whether recessed or protruding, located on the first floor, and for R-1 zones porches reaching a height of less than 12 feet measured from grade as set forth in Section 18.12.040(b), shall be excluded from gross floor area, whether covered or uncovered. Recessed porches located on the first floor with a depth of less than 10 feet shall be excluded from the calculation if the exterior side(s) of the porch is open.
(vi) Porte-cocheres shall be excluded from the calculation of gross floor area.
(vii) For residences designated on the city’s Historic Inventory as a Category 1 through 4 historic structure as defined in Section 16.49.020 any contributing structure within a locally designated historic district, or if individually listed on the National Register of Historic Places or California Register of Historical Resources, the following gross floor area exclusions apply.
a. New or existing basement area, including where the existing finished level of the first floor is three feet or more above grade around the perimeter of the building foundation walls; and
b. Up to 500 square feet of unusable attic space in excess of five feet in height from the floor to the roof above.
All exterior alterations to historic structures shall be subject to the provisions of Chapter 16.49 (Historic Preservation). Additionally, if the structure includes a second story or second story addition, the project shall be subject to the provisions of Section 18.12.110 (Single Family Individual Review).
(65.5) “Ground floor” means the first floor which is above grade.
(66) “Hazardous Materials”
(A) “Hazardous Materials Tier” means a manufacturing or processing use that utilizes, handles, and/or stores particular types and quantities of hazardous materials as follows:
(i) “Tier 1" means uses with quantities of hazardous materials that are not defined as Toxic or Highly Toxic hazardous materials and that are both above the threshold quantities in Health and Safety Code Division 20, Chapter 6.95 and below the Title 19 thresholds of the California Code of Regulations.
(ii) “Tier 2" means uses with quantities of Toxic or Highly Toxic hazardous materials that are both above the threshold quantities in Health and Safety Code Division 20, Chapter 6.95 and below the Title 19 thresholds of the California Code of Regulations.
(iii) “Tier 3" means uses with quantities of hazardous materials above the Title 19 thresholds of the California Code of Regulations.
(B) “Toxic and Highly Toxic hazardous materials” means substances defined in the California Fire Code Chapter 2, as amended, and as adopted and amended by Title 17 of the City Municipal Code, and subject to requirements of “High-hazard Group H-4" of the State Building Code, as buildings that use, handle, or store hazardous materials that are considered health hazards.
(67) “Height” means, for all districts other than the R-E and R-1 residence district, the vertical distance above grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof, except that in the R-2 and RMD districts the height of a pitched or hipped roof shall be measured to the height of the peak or highest ridge line. In the R-E and R-1 single family residence districts, height shall be measured from the highest point of the structure’s roof, including wall parapets, to the grade. The height of a stepped or terraced building is the maximum height of any segment of the building.
(71) “Home occupation” means an accessory activity conducted in a dwelling unit solely by the occupants thereof, in a manner incidental to residential occupancy, in accord with the provisions of this title. (For further provisions, see regulations for home occupations in Section 18.88.130.)
(72) “Hospital” means a facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
(73) “Hotel” means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used for use by temporary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises. “Hotel” includes a motel, motor hotel, tourist court, or similar use, but does not include mobile home parks or similar use.
(74) “Impervious area” means the portion of land on a lot that is covered by structures, paved surfaces, uncovered porches or similar cover and is incapable of being penetrated by water under normal circumstances.
(74.5) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(75) “Kitchen” means a room designed, intended or used for cooking and the preparation of food and dishwashing. Kitchen facilities include the presence of major appliances, utility connections, sink, counter, for storing, preparing, cooking, and cleaning.
(A) For ADUs, major appliances shall mean a minimum two burner installed range, and an oven or convection microwave, as well as a minimum 16 cubic foot freezer and refrigerator combination unit. Kitchens shall also include counter space for food preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that facilitates hot and cold water.
(76) “Landscaping” means an area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements.
(77) “Liquor store” means a use requiring a State of California “off-sale general license” (sale for off-site consumption of wine, beer, and/or hard liquor) and having fifty percent or more of total dollar sales accounted for by beverages covered under the off-sale general license.
(81) “Loading space” means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located.
(82) Deleted. [Ord. 4869 § 20]
(83) “Lodging unit” means a room or group of rooms not including a kitchen, used or intended for use by overnight occupants as a single unit, whether located in a hotel, motel or a bed and breakfast providing lodging. Where designed or used for occupancy by more than two persons, each two-person capacity shall be deemed a separate lodging unit.
(84) “Lot” or “site” means a parcel of land consisting of a single lot of record, used or intended for use under the regulations of this title as one site for a use or group of uses.
(A) “Corner lot” means a lot abutting two or more streets having an angle of intersection of one hundred thirty-five degrees or less. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the intersections of the side lot lines with the street lines to the midpoint of the street frontage meet at an interior angle of one hundred thirty-five degrees or less.
(B) “Flag lot” means an interior lot that is either a landlocked parcel which has a driveway easement across another lot abutting a street, or a lot having limited frontage providing only enough width for a driveway to reach the buildable area of the lot which is located behind another lot abutting a street.
(C) “Interior lot” means a lot abutting one street.
(D) “Through lot” means a lot other than a corner lot abutting more than one street.
(85) “Lot area” means the area of a lot measured horizontally between bounding lot lines, but excluding any portion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel, or flood control or drainage easement and excluding any portion of a lot within a public or private street right-of-way whether acquired in fee, easement, or otherwise.
(86) “Lot coverage” encompasses the following definitions:
(A) “Single-family residential use” means the total land area within a site that is covered by buildings, including all projections except the exterior or outermost four feet of any eave or roof overhang, but excluding ground level paving, landscaping features, and open recreational facilities.
(B) “All other uses except single-family residential” means the total land area within a site that is covered by buildings, excluding all projections, ground level paving, landscaping features, and open recreational facilities.
(C) Except in the CD District and areas designated as special study areas, the director of planning and development services may permit minor additions of floor area to facilities that exceed lot coverage limits, for purposes of resource conservation or code compliance, upon the determination that such minor additions will increase site compliance with environmental health and safety standards. Such additions may include, but not be limited to, the following:
(i) Area designed for resource conservation, such as trash compactors, recycling and thermal storage facilities;
(ii) Area designed and required for hazardous materials storage facilities, handicapped access and seismic upgrades.
(D) In commercial and industrial districts except in the CD District and in areas designated as special study areas, the director of planning and development services may permit additions of floor area that exceed lot coverage limits upon the determination that such additions are designed and used solely for providing on-site employee amenities for employees of the facility and will facilitate the reduction of employee vehicle use. Such additions may include, but not be limited to, recreational facilities, credit unions, cafeterias and day care facilities.
(87) “Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
(91) “Lot line” means any boundary of a lot.
(A) “Front lot line” means, on an interior lot, the lot line abutting a street, or, on a corner lot, the shorter lot line abutting a street, or, on a through lot, the lot line abutting the street providing the primary access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
(B) “Interior lot line” means any lot line not abutting a street.
(C) “Rear lot line” means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
(D) “Side lot line” means any lot line which is not a front or rear lot line.
(E) “Street lot line” means any lot line abutting a street.
(92) “Lot of record” means a lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds which has been so recorded.
(93) “Lot width” means the horizontal distance between side lot lines, measured at the required front setback line.
(94) “Manufacturing” means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing of extracted or raw materials, processes utilizing flammable or explosive materials (i.e., materials which ignite easily under normal manufacturing conditions) in excess of the exempt quantities listed in Title 15 of the Municipal Code, and processes which create hazardous or commonly recognized offensive materials or conditions other than properly stored and handled hazardous waste or byproducts incidental to the manufacturing process. Examples of manufacturing uses typically include, but are not limited to, industrial laundries and industrial dry cleaning plants classified as Class II, IIB, or IIIA in Title 15 of the Municipal Code, machine shops, electronics assembly, food and beverage product manufacturing, and furniture manufacturing. Manufacturing may also include the storage of hazardous materials necessary to the manufacturing process in excess of the exempt quantities listed in Title 15 of the Municipal Code when stored in an approved exterior storage area, accessory room or structure. Related administrative uses such as finance, marketing, sales, accounting, purchasing, or corporate offices; provisions of services to others on or off-site; and related educational uses may also be included provided they remain ancillary to the primary uses of “manufacturing” and are part of the same manufacturing firm.
(94.5) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Title, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
(A) “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in Division 10 of the California Business and Professions Code. “Commercial cannabis activity” does not include personal uses allowed by Health and Safety Code sections 11362.1 and 11362.2 or personal medicinal uses allowed by sections 11362.765 and 11362.77, as amended from time to time.
(B) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(C) “Medical cannabis dispensary” is a facility where cannabis is made available for medicinal purposes in accordance with any provision of state law that authorizes the use of cannabis for medicinal purposes.
(94.7) "Maximum house size" means, for the primary residential unit within a single-family residential zone, the maximum allowable amount of total gross floor area, regardless of lot size.
(95) “Medical office” means a use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the state of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services. Medical office use does not include the storage or use of hazardous materials in excess of the permit quantities as defined in Title 15 of the Municipal Code. Medical gas storage or use shall be allowed up to 1,008 cubic feet per gas type and flammable liquids storage and use shall be allowed up to 20 gallons total (including waste).
(A) “Medical research” means a use related to medical and/or dental research, testing and analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical Research does not include the storage or use of quantities of hazardous materials above the exempt quantities listed in Title 15 of the Municipal Code nor any toxic gas regulated by Title 15. Additionally, Medical Research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control).
(B) “Medical support retail” means a retail use providing sales, rental, service, or repair of medical products and services to consumers or businesses, and whose location near hospitals or medical offices facilitates the provision of medical care or medical research. Examples of medical retail uses typically include, but are not limited to, pharmacies, sale of prosthetics, and sale of eyeglasses or other eye care products.
(C) “Medical support service” means a use providing administrative support functions for healthcare providers or facilities, intended to support the operations of hospitals or of medical and dental office uses, and whose location near those medical facilities enhances the interaction between medical providers and/or facilitates the provision of medical care or medical research. Examples of medical support service uses typically include, but are not limited to, administration and billing services, public relations, training, and fundraising. Hospitals and ambulance services are not included in this definition.
(96) “Mobile home (manufactured housing)” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air-conditioning, and electrical systems contained therein.
(97) “Mobile home park” means a residential facility arranged or equipped for the accommodation of two or more mobile homes, with spaces for such mobile homes available for rent, lease, or purchase, and providing utility services and other facilities either separately or in common to mobile home spaces therein.
(101) “Motel” is defined in subsection (73).
(102) “Multiple-family use” means the use of a site for three or more dwelling units, which may be in the same building or in separate buildings on the same site.
(102.5) “Neighborhood business service” means a use occupying two thousand five hundred square feet or less, which is engaged in sales, servicing, installation and repair service, excluding vehicular repair and service, which does not generate noise, fumes or truck traffic greater than that normally associated with neighborhood-serving uses, or the performance of activities and services of the general nature described in this section. Such uses may include, but not be limited to, reproduction and copying, catering, cleaning, laundry services, home repair and remodeling supplies and sales, cabinetry and furniture repair.
(103) “Neighborhood recreational center” means a privately owned or operated use providing, primarily for residents of the surrounding area, facilities for recreational or cultural activities, including lessons and instructions incidental thereto.
(104) “Net floor area” means the net enclosed floor area used or capable of use for any activity, excluding walls, stairways, elevator shafts, service and mechanical equipment rooms, corridors or halls providing common access to more than one use, and unenclosed porches or balconies.
(105) “Open” means a space on the ground or on the roof of a structure, uncovered and unenclosed.
(106) “Opposite,” as used with respect to relative location of two sites, means property which is separated less than one hundred feet by a street, alley, creek, drainageway, or other separately owned right-of-way, and which would be considered abutting based on projection of side lot lines to the centerline of such separating right-of-way.
(107) “Outdoor recreation service” means a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, swimming, riding, or other outdoor sport or recreation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities.
(110) “Parking as a principal use” means a use providing parking and storage of motor vehicles on a profit or nonprofit basis, as a principal use and not accessory to a permitted or conditional use.
(111) “Parking facility” means an area on a lot or within a building, or both, including one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, clearances, and similar features, and meeting the requirements established by this title. “Parking facility” includes parking lots, garages, and parking structures.
(A) “Temporary parking facility” means parking lots which are not required under this chapter and which are intended as interim improvements of property subject to removal at a later date.
(112) “Parking space” means an area on a lot or within a building used or intended for use for parking of a motor vehicle, having permanent means of access to and from a public street or alley independently of any other parking space, and located in a parking facility meeting the requirements established by this title. “Parking space” is equivalent to the term “parking stall” and does not include driveways, aisles, or other features comprising a parking facility as defined in this chapter.
(113) “Patio cover” is defined in subsection (24), Canopy.
(113.1) “Porch” means a roofed open area, attached to or part of the building and with direct access to the residence. Please see definition for “vaulted entry feature” for similar structures greater than 12 feet in height.
(114) “Personal service” means a use providing services of a personal convenience nature, and cleaning, repair or sales incidental thereto, including:
(A) Beauty shops, nail salons, day spas, and barbershops;
(B) Self-service laundry and cleaning services; laundry and cleaning pick-up stations where all cleaning or servicing for the particular station is done elsewhere; and laundry and cleaning stations where the cleaning or servicing for the particular station is done on site, utilizing equipment meeting any applicable Bay Area Air Quality Management District requirements, so long as no cleaning for any other station is done on the same site, provided that the amount of hazardous materials stored does not at any time exceed the threshold which would require a permit under Title 17 (Hazardous Materials Storage) of this code;
(C) Repair and fitting of clothes, shoes, and personal accessories;
(D) Quick printing and copying services where printing or copying for the particular service is done on site, so long as no quick printing or copying for any off-site printing or copying service is done on the same site;
(E) Internet and other consumer electronics services;
(F) Film, data and video processing shops, including shops where processing for the particular shop is done on site, so long as no processing for any other shop is done on the same site;
(G) Art, dance or music studios intended for an individual or small group of persons in a class (see “commercial recreation” for other activities); and
(H) Fitness and exercise studios, or similar uses, of 1,800 square feet or fewer (see “commercial recreation” for other activities).
(114.2) “Porte-cochere” means a covered structure attached to a residence or adjacent to a residence and erected over a driveway, which is open on three or more sides and used for the temporary unloading and loading of vehicles.
(114.3) “Privacy” means a reasonable expectation that personal activities conducted within and around one’s home will not be subject to casual or involuntary observation by others. Complete or absolute privacy is not a realistic expectation.
(115) “Private educational facility” means a privately owned school, including schools owned and operated by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California.
(116) “Professional office” means a use providing professional or consulting services in the fields of law, architecture and architectural design, engineering, accounting, and similar professions, including associated product testing and prototype development, but excluding product manufacturing or assembly and excluding the storage or use of hazardous materials in excess of permit quantities prescribed in Title 15 of the Municipal Code.
(117) “Projection” means architectural elements, not part of the main building support, that cantilever from a single building wall or roof, involving no supports to the ground other than the one building wall from which the element projects.
(118) “Property” means real property which includes the land, that which is affixed to the land, and that which is incidental or appurtenant to the land, as defined in Civil Code Sections 658 – 662.
(119) “Queue line” means an area for parking and lining of motor vehicles while awaiting a service or other activity.
(120) “Recreational vehicle” means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term “recreational vehicle” includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses and boats and boat trailers.
(121) “Recycling center” means facilities appurtenant and exterior to an otherwise allowed use, which are utilized for collection of recyclable materials such as metal, glass, plastic, and paper stored in mobile vehicles or trailers, permanent storage units, or in bulk reverse vending machines exceeding fifty cubic feet in size.
(122) “Religious institution” means a seminary, retreat, monastery, conference center, or similar use for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private educational facility. Any such use for which a property tax exemption has been obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California, and Section 206 of the Revenue and Taxation Code of the State of California. or successor legislation, or which is used in connection with any church which has received such an exemption, shall be prima facie presumed to be a religious institution.
(123) “Research and development” means a use engaged in the study, testing, engineering, product design, analysis and development of devices, products, processes, or services related to current or new technologies. Research and development may include limited manufacturing, fabricating, processing, assembling or storage of prototypes, devices, compounds, products or materials, or similar related activities, where such activities are incidental to research, development or evaluation. Examples of “research and development” uses include, but are not limited to, computer software and hardware firms, computer peripherals and related products, electronic research firms, biotechnical and biomedical firms, instrument analysis, genomics, robotics and pharmaceutical research laboratories, and related educational development. Research and development may include the storage or use of hazardous materials in excess of the exempt quantities listed in Title 15 of the Municipal Code, or etiological (biological) agents up to and including Risk Group 3 or Bio Safety Level 3 classifications as defined by the National Institute of Health (NIH) or the Center for Disease Control (CDC). Higher classification levels of etiological (biological) agents are not allowed without express permission of the City Manager, Fire Chief, and Police Chief.
Related administrative uses such as finance, legal, human resources, management, marketing, sales, accounting, purchasing, or corporate offices; provisions of services to others on or off-site; and related educational uses may also be included provided they remain primarily supportive of the primary uses of “research and development” and are part of the same research and development firm.
(124) Residential care home” means use of a dwelling unit or portion thereof licensed by the state of California or county of Santa Clara, for care of up to six persons, including overnight occupancy or care for extended time periods, and including all uses defined in Sections 5115 and 5116 of the California Welfare and Institutions Code, or successor legislation.
(125) “Retail service” means a use open to the public during typical business hours and predominantly engaged in providing retail sale, rental, service, processing, or repair of items primarily intended for consumer or household use.
(A) “Extensive retail service,” as used with respect to parking requirements, means a retail sales use having more than seventy-five percent of the gross floor area used for display, sales, and related storage of bulky commodities, including household furniture and appliances, lumber and building materials, carpeting and floor covering, air conditioning and heating equipment, and similar goods, which uses have demonstrably low parking demand generation per square foot of gross floor area.
(B) “Intensive retail service” as used with respect to parking requirements, means any retail service use not defined as extensive retail service.
(125.1) “Retail-like use” means a use generally open to the public during typical business hours and predominantly engaged in providing services closely related to retail services, including but not limited to:
(A) Eating and drinking services, as defined in subsection (47);
(B) Hotels, as defined in subsection (73);
(C) Personal services, as defined in subsection (114);
(E) Travel agencies;
(F) Commercial recreation, as defined in subsection (33);
(G) Commercial nurseries;
(H) Auto dealerships, as defined in subsection (12.5); and
(I) Day care centers, as defined in subsection (42).
(126) “Reverse vending machine” means a mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or credit slip.
(127) “Screened” means shielded, concealed and effectively hidden from view at an elevation up to eight feet above ground level on adjoining sites, or from adjoining streets, within ten feet of the lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof. “Partially screened” means that the direct view of an identified object is interrupted as viewed from a specifically referenced vantage point.
(127.5) “Secretary of the Interior’s Standards for Historic Rehabilitation” means the Secretary of the United States Department of the Interior’s Standards for Rehabilitation of Historic Buildings, issued by the National Park Service (36 Code of Federal Regulations Part 67), together with the accompanying interpretive Guidelines for Rehabilitating Historic Buildings, as they may be amended from time to time.
(127.7) “Sensitive Receptors” means land uses such as residences, schools, daycare centers and homes, homes for the elderly, convalescent homes and similar uses whose occupants may be more susceptible than the general population to the adverse effects of exposure to toxic chemicals and other pollutants.
(128) “Setback line” means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures, or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. (See Chapter 20.08 of the Palo Alto Municipal Code for setback map regulations.)
(131) “Shopping center” means a group of commercial establishments, planned, developed, owned, or managed as a unit, with off-street parking provided on the site, and having a total gross floor area of not less than one million square feet and a total site area of not less than fifty acres.
(132) “Single-family use” means the use of a site for only one dwelling unit and, where permitted, an accessory dwelling unit or a junior accessory dwelling unit.
(133) “Site” is defined in subsection (84).
(134) “Structure” means anything that is constructed or erected, the use of which requires the location on or in the ground or attached to something located on the ground, including but not limited to buildings, swimming pools, tennis courts, but excluding patios, sidewalks, driveways, or parking spaces.
(135) “Studio dwelling unit, efficiency dwelling unit” means a dwelling unit consisting of a single habitable room for living and sleeping purposes, plus ancillary kitchen and bath facilities.
(135.5) “Supportive housing” means housing with no limit on length of stay, that is occupied by target populations, as defined by Section 53260(d) of the California Health and Safety Code, and that is linked to on- or off-site services that assist the supportive housing residents 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. Supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other dwellings of the same type in the same zone. Supportive housing programs may use residential care homes wholly or as a part of their overall facilities.
(136) “Take-out service” means a characteristic of an eating or drinking service which encourages, on a regular basis, consumption of food or beverages, such as prepared or prepackaged items, outside of a building, in outdoor seating areas where regular table service is not provided, in vehicles parked on the premises, or off-site.
(137) “Transportation terminal” means a depot, terminal, or transfer facility for passenger transportation services.
(138) “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that call for termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Support services may include meals, counseling, and other services, as well as common areas for residents of the facility. Transitional housing shall be considered a residential use of property and shall be only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. Transitional housing programs may use residential care homes wholly or as part of their overall facilities.
(141) “Two-family use” means the use of a site for two dwelling units, which may be within the same building or separate buildings.
(142) “Usable open space” means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch, patio or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, but excluding parking facilities, driveways, utility or service areas, or areas with mechanical equipment.
Usable open space may be covered if at least 50% open on the sides. Usable open space shall be sited and designed to accommodate all groups including children, seniors, and other adults, different activities including active and passive recreation and uses, and should be located convenient to the intended users (e.g., residents, employees, or public). Any usable open space that is not landscaped shall be developed to encourage outdoor recreational use and shall include elements such as decks, seating, decorative paved areas and walkways which do not serve as an entrance walkway. Usable open space shall be screened from utility or service areas, and areas with mechanical equipment. Parking, driveways and required parking lot landscaping shall not be counted as usable open space.
(143) “Use” means the conduct of an activity, or the performance of a function or operation on a site or in a building or facility.
(A) “Accessory use” means a use which is incidental to, and customarily associated with a specified principal use, and which meets the applicable conditions set forth in Chapters 18.40 and 18.42.
(B) “Nonconforming use” means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on July 20, 1978, or the date of any amendments hereto, or the application of any district to the property involved, by reason of which adoption or application the use became nonconforming. (For further provisions, see the definition of “noncomplying facility” in subsection (53).)
(C) “Principal use” means a use which fulfills a primary function of a household, establishment, institution, or other entity.
(D) “Permitted use” means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title.
(E) “Conditional use” means a use, listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title.
(F) “Change of use” is defined in subsection (26).
(143.5) “Vaulted entry feature” means a roofed but open structure greater than 12 feet in height attached to or part of the building and with direct access to the residence. The height shall be measured from grade to the top of the roof or, if there is a second floor above the feature, then to the underside of the floor above.
(144) “Warehousing” and “distribution” means a use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials which are inflammable or explosive or which create hazardous or commonly recognized offensive conditions.
(145) “Watercourse bank” means the side of a watercourse the top of which shall be the topographic line roughly parallel to stream centerline where the side slopes intersect the plane of the ground traversed by the watercourse. Where banks do not distinguishably end, the surrounding country being an extension of the banks, the top of such banks shall be defined as determined by the building official.
(146) “Yard” means an area within a lot, adjoining a lot line, and measured horizontally, and perpendicular to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title.
(A) “Front yard” means a yard measured into a lot from the front lot line, extending the full width of the lot between side lot lines intersecting the front lot line.
(B) “Interior yard” means a yard adjoining an interior lot line.
(C) “Rear yard” means a yard measured into a lot from the rear lot line, extending between the side yards; provided, that for lots having no defined rear lot line, the rear yard shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line.
(D) “Side yard” means a yard measured into a lot from a side lot line, extending between the front yard and rear lot line.
(E) “Street yard” means a yard adjoining a street lot line, other than the front lot line.
(147) “Youth club” means a recreational use, operated on a profit or nonprofit basis, for supervised youth involving dancing or social gathering as a principal activity but prohibiting sale or consumption of alcoholic beverages.
(Ord. 5512 § 2, 2020: Ord. 5507 § 5, 2020: Ord. 5494 § 3, 2020: Ord. 5493 § 3, 2020: Ord. 5489 § 2, 2020: Ord. 5460 § 2, 2019: Ord. 5432, § 4, 2018: Ord. 5419 § 4, 2017: Ord. 5412 § 2, 2017: Ord. 5407 § 2, 2017: Ord. 5406 § 1, 2017: Ord. 5381 § 2, 2016: Ord. 5373 § 6, 2016: Ord. 5358 § 2, 2015: Ord. 5230 §§ 2, 3, 4, 2014: Ord. 5059 § 3, 2009: Ord. 4964 §§ 5, 7, 2007: Ord. 4891 §§ 2, 3, 2006: Ord. 4883 §§ 2, 3, 2005: Ord. 4881 §§ 2 - 6, 2005: Ord. 4869 §§ 4 – 31, 2005: Ord. 4845 § 2, 2004: Ord. 4826 § 24, 2004: Ord. 4730 § 2, 2002: Ord. 4716 §§ 2, 3, 4, 2001: Ord. 4642 §§ 32, 33, 2000: Ord. 4472 § 2, 1998: Ord. 4140 §§ 2, 3, 4, 1993: Ord. 4081 § 4, 1992: Ord. 4043 § 1, 1991: Ord. 4016 §§ 2-6, 1991: Ord. 3905 §§ 2, 3, 4, 1989: Ord. 3896 §§ 1, 2, 3, 1989: Ord. 3890 § 1, 1989: Ord. 3850 § 5, 1989: Ord. 3807 § 16, 1988: Ord. 3783 § 1, 1987: Ord. 3757 §§ 1 – 4, 1987: Ord. 3735 §§ 1, 23, 24, 1987: Ord. 3703 §§ 1 – 5, 9, 1986: Ord. 3683 § 1, 1986: Ord. 3632 §§ 1, 2, 1985: Ord. 3584 § 1, 1984: Ord. 3583 §§ 27 – 28, 1984: Ord. 3536 §§ 1, 2, 27 – 30, 1984: Ord. 3465 §§ 29, 30, 1983: Ord. 3349 § 1, 1982: Ord. 3345 §§ 1, 5, 9, 10, 11, 19, 20, 1982: Ord. 3340 §§ 1, 2, 6, 7, 1982: Ord. 3291 § 1, 1981: Ord. 3255 §§ 1 and 3, 1981: Ord. 3187 §§ 7, 8, 9, 10, 1980: Ord. 3130 §§ 1 (part), 15 (part), 23, 25 (part), 1979: Ord. 3108 §§ 3, 13, 14, 16, 1979: Ord. 3103 § 1, 1979: Ord. 3064 § 1 (part), 1978: Ord. 3048 (part), 1978)