For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The cessation of the use of the property for a period of one year or more.
ABATEMENT. Eliminating a zoning ordinance violation.
ABUT. To physically touch or border upon; or to share a common property line.
ACCESSORY BUILDING. A structure or building, part of a building, or structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure. The structure is customary, incidental, appropriate, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
ACCESSORY DWELLING UNIT (ADU). 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 single-family residence. An ADU must include permanent provisions for living including sleeping, eating, cooking, and sanitation as described in § 154.238 below. An ADU can be located on the same lot as a primary residence and may be an efficiency unit, a traditional stick-built structure, or a manufactured home. An ADU may be attached (to the existing single-family residence) or detached, provided the unit complies with all standards in § 154.238.
ACCESSORY USE. A use naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises.
ACRE. A land area unit containing 43,560 square feet.
ADDITION. Any construction which increases the size of an existing building such as a porch, attached garage or carport, or new room. An addition is a form of alteration.
ADJACENT. Near, close, or abutting; for example, an industrial zone across a street or highway from a residential zone shall be considered ADJACENT.
ADJOIN. The same as ABUT.
ADULT BUSINESS. Any business establishment or concern that, as a regular and substantial course of conduct, performs or operates as an adult arcade, adult cabaret, adult model studio, adult store, adult theater, or any combination thereof.
ADVERTISING STRUCTURE. Any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size or shape, for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as said advertising structure.
AESTHETIC. The perception of artistic elements, or elements, in the natural or manmade environment which are pleasing to the eye.
AGRICULTURAL PROCESSING. The refinement, treatment, or conversion of agricultural products. Examples of agricultural processing include, but are not limited to, packing sheds, fruit dehydrators, cold storage houses and hulling operations and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form when such products are produced on the premises, including all uses customarily incidental thereto, but not including a slaughter house, fertilizer works, commercial packing or processing plant for the reduction of animal matter or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property.
AGRICULTURAL USE. The tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry.
AIRPORT. Any area which is customarily used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.
ALLEY. A public thoroughfare or way not less than ten feet nor more than 20 feet in width, serving as a secondary means of access to abutting property, and which has been deeded or dedicated to the city.
ALTERED. To change or cause a change in character or composition, typically in a comparatively small but significant way.
AMBIENT NOISE. The background sound pressure level at any given location.
AMENDMENT. A change in the working, context, or substance of the Zoning Ordinance, as addition or deletion, or a change in zone boundaries or classifications (zoning district) upon the zoning map which imposes any regulation not theretofore imposed or removes or modifies any such regulation theretofore imposed.
ANIMAL KEEPING. The care and maintenance of animals on private property.
ANNEXED. To have land be incorporated into the City of San Joaquin with a resulting change in the boundaries of the city.
ASSESSOR. The County Assessor of the County of Fresno.
ATTACHED. Two structures which are structurally integrated with each other by supporting members shall be considered attached.
AUTOMOBILE SERVICE STATION.
(1) An occupancy which provides for the retail sale of various types of fuel, such as, but not limited to, gasoline and/or diesel. Painting and body and fender work are excluded except for such uses that are otherwise permitted in the district. Said occupancy may also consist of related sales and services such as:
(a) Retail of sale oil, tires, batteries, and new accessories;
(b) Hand washing, drying, vacuuming, waxing, and polishing of automobiles, pick-up trucks, and vans;
(c) Tire changing and repairing (not including tire recapping);
(d) Battery service, charging and replacement (not including repair and rebuilding);
(e) Radiator cleaning and flushing (not including repair or steam cleaning); and
(f) Installation of minor accessories
(2) In addition, the following operations are permitted if conducted within an enclosed building:
(a) Lubrication of motor vehicles;
(b) Brake adjustment, replacement of brake cylinders and brake fluid lines; and
(c) The testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, fuel pumps, water hoses, or wheel balancing.
BARBED WIRE. Wire for fences or barriers having sharp barbs or points of metal twisted into smooth wire at regular intervals.
BICYCLE PARKING. Fixed or immovable devices or a series of devices which permit nonmotorized bicycles to be stood upright and secured from theft.
BILLBOARD. Any sign containing advertising, not appurtenant to any permitted use, over six square feet in area.
BOARDING HOUSE. A dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation.
BUILDING. Any structure having a roof supported by columns or by walls and designed for the housing or enclosure of any person, animal, or chattel.
BUILDING HEIGHT. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.
BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is situated. In any R zone, any dwelling shall be deemed to be a main building on the lot on which the same is situated.
BUILDING OFFICIAL. The individual appointed by the City Administrator to enforce the Building Code and to act as the Code Enforcement Officer for provisions of the Zoning Ordinance.
BUILDING SITE. See LOT.
BUSINESS. The purchase, sale or other transaction involving the handling or disposition (other than that included in the term INDUSTRY as defined herein) of any article, substance or commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts, tourist courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). A state law which requires local and state agencies to determine the potential environmental impacts of a proposed project.
CARPORT. See GARAGE, PRIVATE.
CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
CHANGE IN USE. Any use which substantially differs from the previous use of a building or land. The Director of Planning and Development shall determine whether a change is substantial or not. Change of ownership shall not be considered a change of use.
CHILD-CARE FACILITIES. The building, modifications to buildings, equipment, and any accessory structures, in which there are programs and personnel licensed by the state for direct childcare services including but not limited to shelter, food, education and play opportunities for fewer than 24 hours per day and includes any one of the following types of facilities:
(1) Small family day care home: eight or fewer children;
(2) Large family day care home: eight to 14 children.
(3) Child-care center: more than 12 children.
CHURCH. Means, but shall not necessarily be confined to, any building, structure, or open space where a group of two or more persons, not immediate members of one family only, regularly gathers for purposes of divine worship.
CITY. The City of San Joaquin.
CITY COUNCIL or COUNCIL. The City Council of the City of San Joaquin.
CITY MANAGER. The City Manager of the City of San Joaquin or the designee or designees of the City Manager.
CITY PROPERTY. All real property and improvements owned, operated, or controlled by the city, other than public ROW, within the city's jurisdiction. City property includes, but is not limited to, city offices and owned facilities, streetlights, and traffic lights.
CLUB. An association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
COLLECTION AGENCY. A company used by lenders or creditors to recover funds that are past due, or from accounts that are in default.
COMMERCIAL DISTRICTS. Those zoning districts with a commercial designation of (C).
COMMISSION. The Planning Commission of the City of San Joaquin.
COMPENSATION. Compensation in money, services, or other things of value.
CONDOMINIUM. An undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as further defined in Cal. Civil Code § 1351.
CONTIGUOUS. The same as ABUT.
CONVENIENCE STORE. A store for the retail sale of grocery or sundry items to residents of a neighborhood or to highway travelers. CONVENIENCE STORES are not as large as supermarkets (less than 3,500 square feet gross floor area) and generally operate during the late night and early morning hours (10:00 p.m. to 8:00 a.m.). CONVENIENCE STORES may also sell fuel and oil but may not perform any type of automotive service.
CONVERSION. A change in the use of land, structure, or activity.
CONVICTION. A finding of guilty by a jury or court, or a plea of guilty or nolo contendere.
COUNCIL. The City Council of the City of San Joaquin.
COURT. A person or body of persons having judicial authority to hear and resolve disputes in civil, criminal, ecclesiastical, or military cases.
COVENANT. A promise in a written contract or a deed of real property.
COVERAGE. The same as LOT COVERAGE.
CPCN. A "certificate of public convenience and necessity" granted by the CPUC or its duly appointed successor agency pursuant to Cal. Public Utilities Code § 1001 et seq.
CPUC. The California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.
CUL-DE-SAC. A street or passage closed at one end.
CULTIVATION. When referring to cannabis, means any activity involving the planting, growing, harvesting, drying, curing, grading, storing, or trimming of cannabis.
CUSTOMER. A person 21 years of age or over or a primary caregiver purchasing goods or services from a place of business.
DAY CARE CENTER. An institution that provides supervision and care of infants and young children during the daytime.
DENSITY. The maximum number of dwelling units permitted per specified area of land.
DESIGN STANDARDS. For telecom facilities, means any features of design (as opposed to functional operation) of a telecom facility as set forth in this chapter or as approved by the City Manager or designee, or by the City Council.
DETACHED. Not sharing a common wall or roof.
DEVELOPER. The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.
DEVELOPMENT. Any change to unimproved or improved real property including, but not limited to, the placement, construction, reconstruction, conversion, structural alteration, or enlargement of any structure; any mining; excavation; landfill; or land disturbance. Agriculture is not defined as development within this Zoning Ordinance.
DEVELOPMENT STANDARD. Those development requirements of each zoning district or combining district which apply to permitted uses by setting forth minimum requirements or specifications for lot dimensions, setbacks, and height limits; amount of land covered by buildings and structures; animal densities; and parking and signs. A development standard can only be modified by a variance or Zoning Ordinance amendment.
DIRECTOR. The Director of Planning and Development Services of the city or person responsible for Planning and Development Services in the city.
DISTRICT. The same as ZONE or ZONING DISTRICT.
DRAINAGE. Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.
DRIVE-THROUGH CAR WASH. Any occupancy that provides for washing of automobiles through a low noise fully automated car wash facility without vacuum cleaners unless located within a completely enclosed noise attenuated room, and where the customer drives the vehicle into the facility and remains in the car during the wash process. A DRIVE-THROUGH CAR WASH shall only be permitted in conjunction with and subordinated to an automobile service station. It shall not be permitted as a sole or primary use of property in any zoning district.
DRIVE-THROUGH FACILITIES. Drive-through or drive-up facilities. An establishment that sells products or provides services to occupants in vehicles, including drive-in or drive-up windows and drive-through services. Examples include, but are not limited to, fast-food restaurants, banks, dry cleaners, mortuaries, and pharmacies. DRIVE-THROUGH FACILITIES do not include "click and collect" facilities in which an online order is picked up in a stationary retail business without use of a drive-in facility.
DRIVEWAY. Any vehicular access to an off-street parking or loading facility.
DUPLEX. A building containing not more than two kitchens, designed and/or used to house not more than two families living independently of each other, including all necessary employees of each family.
DWELLING. A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, clubs, or boarding houses or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraint.
DWELLING, MULTIPLE. A building, or portion thereof, used, designed, or intended as a residence for three or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats.
DWELLING, ONE-FAMILY. A building designed and/or used exclusively for occupancy by one family, living independently of any other family.
DWELLING, TWO-FAMILY. A building designed and/or used exclusively for occupancy by two families, living independently of each other. (See also DUPLEX).
DWELLING UNIT. Two or more rooms in a dwelling or an apartment hotel designed for occupancy by one family for living and sleeping purposes and having only one kitchen.
EASEMENT. The right to use the real property of another for a specific purpose.
EAVE. The projecting lower edges of a roof overhanging the wall of a building.
EDUCATIONAL INSTITUTION.
(1) Public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary, and collegiate levels and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either:
(a) Offer general academic instruction equivalent to the standards prescribed by the State Board of Education;
(b) Confer degrees as a college or university of undergraduate or graduate standing;
(c) Conduct research; or
(d) Give religious instruction.
(2) EDUCATIONAL INSTITUTION does not include commercial or trade schools.
EGRESS. A point of vehicle exit from a parking area, lot, garage, or driveway.
EMERGENCY HOUSING (OR 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 as defined and used in Cal. Health and Safety Code § 508019.
ERECTED. Built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operation upon the land required for a building.
FAMILY. One or more persons living as a single housekeeping unit in a dwelling unit, including live-in staff. FAMILY shall not include such groups as customarily occupy a hotel, club, fraternity, or sorority house.
FAMILY CARE HOME. A state-authorized, certified, or licensed foster home or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a 24-hour a day basis. Pursuant to Cal. Welfare and Institutions Code § 5116 or as hereafter amended, such homes shall be a permitted use in all residential zones.
FARMWORKER HOUSING. Housing with up to 12 units or 36 beds designed for use by a single family or household and which is considered an agricultural use of land per Cal. Health and Safety Code § 17021.6.
FEASIBLE. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, physical, legal, financial, and technological factors.
FEDERAL. The government of the United States of America.
FENCE, OPEN OR LATTICE TYPE. A fence, 50% or more of the surface of which is open to the passage of air.
FLOOR AREA, GROSS. A development standard defined as the total area of all floors of a building as measured to the surfaces of exterior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.
FLOOR AREA, NET. A development standard defined as the gross floor area excluding vents, shafts, stairs, corridors, attics, equipment rooms, garages, and unenclosed porches and balconies.
FLOOR AREA RATIO. The ratio of gross building floor area to total lot area. Example: two square feet of gross floor area for each three square feet of total lot area would result in a floor area ratio of 2:3.
FOSTER HOME. Any residential facility providing 24-hour care for six or fewer children which is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.
FRONTAGE. That portion of a parcel of property which abuts a public street or approved private street or highway, measured along the future street line as indicated in the General Plan.
GARAGE, PRIVATE. A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.
GARAGE, PUBLIC. A building used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire, or sale.
GARAGE SALE. Any sale, conducted on premises within a residential district upon which is located a dwelling, by any occupant of such dwelling, of any personal property which is owned and has been used by such occupant. The term GARAGE SALE does not include a sale of one or two items of personal property which is not part of a general sale of items of personal property.
GARAGE SPACE. A permanently maintained covered space of not less than 8 x 19 feet for the parking of automobiles off the street. Such space shall be located and arranged for an accessory building and with adequate ingress and egress.
GENERAL PLAN. An integrated, internally consistent, comprehensive, and long-range set of goals and policies for the general physical development of the city and any land outside the city's boundaries which bears relation to the city's planning. The GENERAL PLAN shall include maps that recommend the general locations and types of land uses that are consistent with the goals and policies of the plan. The GENERAL PLAN and its recommendations shall address physical, social, economic, environmental, design, and public service delivery system issues that have a bearing on the growth and change of the city. The GENERAL PLAN shall contain the mandatory elements prescribed by the State Planning and Zoning Law (Title 7, Division 1, commencing with Cal. Gov't Code § 6500), which may be combined when appropriate. The GENERAL PLAN may also include other elements or address any other subject which, in the judgment of the Council, is needed for appropriate physical development of the city. The GENERAL PLAN shall be adopted or amended by resolution of the Council.
GLARE. A harsh dazzling light.
GOVERNMENT FACILITIES. A building or structure owned, operated, or occupied by a governmental agency to provide a governmental service to the public.
GRADE. The gradient, the rate of incline or decline expressed as a percent. For example, a rise of 25 feet in a horizontal distance of 100 feet would be expressed as a grade of 25%.
GROUP HOME. Any building, facility, premises, house, structure, dwelling unit, multiple dwelling unit, apartment house, or portion thereof, at which persons reside in a group occupancy setting, but not including a hotel, motel, fraternity, sorority, rooming and/or boarding house, rest home or family. This facility is generally characterized by the provision of pre-arranged or organized household structure or program. Residents of a facility may also receive medical treatment in addition to any nonmedical supportive services in a residential or congregate care setting, as opposed to a hospital.
GUEST ROOM. A room which is designed to be occupied by one or more guests for sleeping purposes, not including dormitories.
HOME OCCUPATION. The conduct of an art or profession, the offering of a service, the conduct of a business, or the handcraft manufacture of products within a house or garage in a residential district, which use is clearly incidental and secondary to the use of a structure for dwelling purposes and which use does not:
(1) Alter, finish or decorate the dwelling structure externally in such a manner as to change the residential character and appearance of the dwelling;
(2) Display sign on the premises; or
(3) Unreasonably interfere with the quiet enjoyment of the occupant on neighboring property.
HOMEOWNERS ASSOCIATION. A community association which is organized in a development, in which individual owners share common interests in open space or facilities.
HOSPITAL. An institution providing primary health services or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions.
HOTEL. Any building, or portion thereof, containing six or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied or which are occupied as the more or less temporary abiding place of six or more individuals who are lodged with or without meals for compensation, whether the compensation for hire is paid directly or indirectly, and in which no provision is made for cooking in any individual room or suite.
INCIDENTAL. Secondary, accessory and subordinate to another use, structure, or activity.
INDUSTRIAL. Land use characterized by establishments founded in, among others, manufacturing or research and development.
INFRASTRUCTURE. Facilities and services needed to sustain industry, residential, commercial activities, and all other land use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities such as fire stations, parks, schools, and the like.
INGRESS. A point of vehicle entrance to a parking area, lot, garage, or driveway.
INTERIOR LOT. A lot whose front yard abuts a street.
JUNIOR ACCESSORY DWELLING UNIT (JADU). A dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence. A JADU must have an exterior entrance separate from the main entrance of the primary residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence. Further, a JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets.
KITCHEN. Any room in a building or dwelling unit which is used for cooking or preparation of food.
LANDSCAPING. The planting and continued maintenance of suitable plant materials or a combination of plant materials within minimum areas of paving and gravel, and otherwise dust-free. An adequate irrigation system is required.
LATTICE TOWER. A free-standing framework tower used to support one or more antennas, typically with three or four support legs.
LEAST INTRUSIVE. That design or location of telecom facilities which is technically feasible and most closely conforms to local values, including aesthetics, as expressed through the municipal code and applicable design standards. The least intrusive standard balances the national and state interests in personal wireless services with the local interest in orderly, planned development. A least intrusive design may, but is not necessarily required to, include architectural integration, camouflage, pseudo-natural integration or may be a stealth facility.
LOADING AREA. A permanently maintained space of not less than eight x 18 feet located off the street with access for the parking, loading, and unloading of vehicles. Whenever the provisions of this chapter shall require loading space, such space shall be in addition to any required parking space and/or garage space.
LODGE. An order or society of persons organized for some common nonprofit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
LOT. Any area or parcel of land held under separate ownership and occupied, or to be occupied, by a main building or by a dwelling group, together with such yards, open spaces, lot width, and lot area as are required by this chapter and having its principal frontage on a public street, road, or highway.
LOT COVERAGE. The portion of the lot that is covered by buildings and structures.
LOT, CORNER. A lot situated at the intersection of two or more intersecting streets.
LOT, CUL-DE-SAC. A lot with at least half of its frontage abutting a cul-de-sac.
LOT, INTERIOR. A lot other than a corner lot.
LOT, REVERSE CORNER. A corner lot which rears upon the side of another lot, whether separated by an alley or not.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT DEPTH. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
LOT LINE. The lines bounding a lot.
LOT LINE, FRONT. The property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.
LOT LINE, REAR. The line opposite the front lot line.
LOT LINE, SIDE. Lot lines other than front lot lines or rear lot lines.
LOT WIDTH. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
MANUFACTURER. A person that conducts the production, preparation, propagation, or compounding of cannabis products, either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, that holds a valid city permit.
MAXIMUM HEIGHT. A development standard which limits the height of buildings and structures.
MAXIMUM LOT COVERAGE. The amount of lot area coverage allowed for buildings and structures.
MICROBREWERY. A limited-production brewery, typically producing specialty beers and often selling its products only locally.
MINIMUM LOT SIZE. A development standard which is the smallest area a lot may be divided into.
MOBILE HOME LOT. A plot of land for placement of a single mobile home within a mobile home park.
MOBILE HOME PARK. An area or tract of land where one or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation.
MONOPOLE. A single freestanding pole used to act as or support an antenna or antenna arrays.
MOTEL. A building, or group of buildings, used for transient residential purposes, containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building, or group is designed, intended, or used primarily for the accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels, and similar designations.
MULTI-FAMILY DWELLING. A building designed for or occupied by two or more families living independently of each other.
NON-CONFORMING SIGN. Any sign lawfully existing on the effective date of the Zoning Ordinance codified in the Zoning Ordinance or an amendment thereto, which renders such sign non-conforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NON-CONFORMING STRUCTURE. A structure that complied with the Zoning Ordinance and development regulations at the time it was built but which, because of subsequent changes to the Zoning Ordinance and/or development regulations, no longer fully complies with those regulations.
NON-CONFORMING USE. A use which lawfully occupied a building or land prior to passage of an ordinance affecting that use, and which does not conform with the use regulations of the zone in which it is located.
NOTICE OF APPEAL. A document which indicates that an applicant for a permit or Zoning Ordinance amendment, or an affected party, wishes to appeal a decision of a planning officer or body of the City of San Joaquin.
OPEN SPACE. As required in the R and PD zones, shall mean area available and accessible to residents for active and passive recreation including landscaped areas, walkways, patios, yards, and recreation facilities. To qualify as OPEN SPACE, an area must have a minimum dimension of ten feet except that balcony may qualify as open space when the minimum dimension is five feet. Parking areas (spaces and driveways) may not be included in open space calculations.
OPEN TO THE PUBLIC. Is a term applied to commercial uses which means available for use by persons other than employees.
OUTDOOR DINING. Any outdoor cafe, sidewalk cafe, eating area or any food service accessory to a restaurant.
OUTDOOR STORAGE. The storage of supplies, materials, products, motor vehicles or other articles outside of a building and left uncovered by roofs or walls. Outdoor storage may be screened.
OWNER. Any of the following: a person with an aggregate ownership interest of 20% or more in the person's business applying for a regulatory permit or permittee, unless the interest is solely a security, lien, or encumbrance; the chief executive officer of a nonprofit or other entity; a member of the board of directors of a nonprofit or other entity; or an individual who will be participating in the direction, control, or management of the person applying for the regulatory permit or permittee.
PARKING AREA. An accessible and usable area on the building site located off the street with access for the parking of automobiles.
PARKING AREA, PRIVATE. An area, other than a street, restricted from general public use and used for the parking of automotive vehicles capable of moving under their own power.
PARKING AREA, PUBLIC. An area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.
PARKING SPACE. A permanently maintained space at least nine x 20 feet located off the street with access for the parking of automobiles.
PAWN SHOP. An establishment engaged in retail sales of new or secondhand merchandise and offering loans secured by personal property, and as further defined in Cal. Financial Code § 21000.
PERMIT. Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
PERSON. Any individual, firm, co-partnership, joint venture, corporation, company, association joint association, or body politic, including any trustee, receiver, syndicate, assignee, or other similar representative thereof.
PLANNED DEVELOPMENT. A large, integrated residential development located on a single building site, or on two or more building sites. In such development, the land and structures shall be planned and developed as a whole in a single development operation or a series of developments in accordance with a master plan.
PREMISES. A lot, parcel, tract, or plot of land together with the buildings and structures thereon.
PRINCIPAL USE. The primary, predominate, or initial use of any lot. For guidance, in an agricultural district, the principal use of the land would be farming or ranching. An accessory use would be the farmhouse.
PROFESSIONAL OFFICES. An office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, civil engineer or surveyor's drafting office, collection agency, cosmetologist, dentist, doctor, funeral parlor, insurance, private detective, real estate, social worker, or similar use; but shall not include the following uses: advertiser, barber shop, contractor, pest control, pharmacy, or veterinary.
PROPERTY DEVELOPMENT STANDARDS. Any definitive measurable characteristic or aspect of a development specified by this title, such as but not limited to yard setbacks, parking, building height, space between buildings, lot area and dimensions, defined linear distances such as for signs, spacing requirements, and size of districts.
PROPERTY LINE. The same as LOT LINE.
PROVISIONS. Includes all regulations and requirements referred to in the text of the Zoning Ordinance.
PUBLIC NOTICE. The announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place, and nature of the public hearing.
PUBLIC RIGHT OF WAY or PROW or PUBLIC ROW. The improved or unimproved surface of and the space above and below a city easement for public utility purposes or transportation access, or similar public way of any nature, dedicated or improved for vehicular, bicycle and/or pedestrian-related use held or managed by city, however acquired.
PUBLIC UTILITY. Production, storage, transmission, switching and recovery facilities for water, sewerage, energy, communications, and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the Public Utilities Commission.
QUASI-PUBLIC. An educational or religious type include public and parochial elementary schools, junior high schools, high schools, and colleges; child day care centers, private nonprofit schools, and colleges; and churches, parsonages, and other religious institutions.
RECREATION, ACTIVE. Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment, and taking place at a prescribed place, site, or field.
RECREATION, PASSIVE. Leisure time activities of a less formal nature (such as bike riding, hiking, or picnicking) and not requiring a prescribed place, site, or field.
RECREATIONAL FACILITIES. Any use or development, either public or private, providing amusements, pleasures, or sport, which is operated or carried on primarily for financial gain, including, but not limited to, bowling alleys, skating rinks, and billiard parlors.
RELIGIOUS FACILITIES. A place of worship is a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.
RENTAL UNIT. A room and bath with a separate entrance.
RESIDENTIAL LOT. A lot containing, or zoned for, one or more dwelling units in a residential district.
RESTRICTION. A limitation on property which may be created in a property deed, lease, or mortgage; through certain zoning district or subdivision regulations; or as a condition of approval of an application for development.
RETAIL SALE. The sale and delivery of cannabis or cannabis products to customers.
RETAIL SHOP. A business of selling goods, wares, or merchandise directly to the ultimate consumer.
REVIEWING AUTHORITY. The individual or official city body (the Director, Council, Commission, or Board) and others as identified in the San Joaquin Municipal Code as having the responsibility and authority to review and approve or deny land use permit applications.
REZONING. The same as ZONE, CHANGE OF.
ROOM. An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches.
ROOMING HOUSE. See BOARDING HOUSE.
SCHOOL, ELEMENTARY OR HIGH. An institution of learning which offers instruction in several branches of study required to be taught in the public schools by the Cal. Education Code. The term shall include junior high school.
SECOND DWELLING UNIT. Either a detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation within the unit.
SENIOR HOUSING. Any residential accommodation other than a mobile home developed, substantially rehabilitated, or substantially renovated for senior citizens.
SERVICE STATION. The same as a gas station, typically one having the facilities to provide automotive repairs and maintenance.
SETBACK, FRONT YARD. The line which defines the depth of the required front yard.
SETBACK, REAR YARD OR SIDE YARD. The line which defines the width or depth of the required rear or side yard.
SHOPPING CENTER. A group of commercial/retail stores with a common parking area and generally one or more large department, discount, or food stores; sometimes including an enclosed mall or walkway constructed and managed as a total entity with customer and employee parking provided on-site.
SHROUD. An enclosure that covers or shields from public view RRUs and other cell antenna support equipment on a monopole, streetlight, traffic signal, or utility pole.
provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, display, direct, or attract attention to an object, person, institution, organization, business product, service, event, or location by any means, including words, letters, figures, symbols, colors, illumination, or projected images. This definition shall not include official notices issued by a court or public body or officer or directional, warning or information signs or structures required by or authorized by law or by federal, state, or county or city authority.
SIGN, ADVERTISING. The business or enterprise of promotion of the messages of others, usually for a fee or other consideration, in contrast to self-promotion. This term has the same meaning as GENERAL ADVERTISING.
SIGN, FREESTANDING. Any mobile or portable sign, not securely attached to the ground or any other structure.
SINGLE-FAMILY DWELLING. See DWELLING, ONE-FAMILY.
SITE. In general terms, any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN. A plan, prepared to scale, showing proposed uses and structures for a parcel of land, including such details necessary to illustrate the final proposed use and development.
SITE PLAN REVIEW. A permit process that establishes criteria for the layout, scale, appearance, safety, and environmental impacts of a proposed development to ensure conformance to city standards and criteria.
SORORITY HOUSE. A building or structure housing a group of women associated for their common interest. Such group may eat, sleep, and otherwise use such facilities as are provided on the premises.
SPECIAL EVENT. An establishment or enterprise involving large assemblages of people or automobiles on private land including, but not limited to, a carnival or circus; automobile, boat, or foot race; rodeo; outdoor concert, play or festival involving more than 100 people; professional golf or tennis tournament.
STORAGE. A building that is restricted to 120 square feet maximum. Height shall not exceed ten feet in height at any point, and such buildings shall comply with all other applicable zoning provisions. Such storage buildings may not include plumbing or electricity in their construction.
STORY. The portion of a building including between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.
STREET. A public thoroughfare or road easement not less than 20 feet in width which affords principal means of access to abutting property, but not including an alley.
STREET LINE. The boundary between a street and property.
STREET SIDE. A street bounding a corner lot, adjacent to a sideline of the lot.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, or roof joists, for which a building permit is required.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including but not limited to site-built swimming pools, gazebos, carports, patio covers. This definition does not include walls and fences less than three feet six inches in height when located in front yards, or less than six feet in height when located in side or rear yards, or other improvements of a minor character.
STRUCTURE, TEMPORARY. A structure which is readily movable and used or intended to be used for a period not to exceed 90 consecutive days. Such structure shall be subject to all applicable property development standards for the zone in which it is located.
SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Uses meeting this definition shall be permitted, conditionally permitted, or prohibited as similar uses in the same zone.
SWIMMING POOL. Any permanent structure containing a body of water, having a depth of at least 18 inches, intended for recreational uses, and shall include wading pools.
TARGET POPULATION. 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 § 4500) of the Cal. 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.
TEMPORARY USE. A term applied to certain uses requiring a temporary use permit which are only permitted for a limited time.
TENANT. An occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner's consent.
TRAILER. A vehicle without motive power, designed, and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.
TRANSITIONAL HOUSING. Buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Uses meeting this definition shall be permitted, conditionally permitted, or prohibited as similar uses in the same zone.
USE. The purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
USE TYPE. A category of use acceptable in a specified zoning district, containing specific uses that are similar in nature due to having similar impacts, hours of operation, parking needs, and other development characteristics.
UTILITY TOWER. An open framework structure or steel pole used to support electric transmission facilities.
VARIANCE. Permission to depart from the literal requirements of the Zoning Ordinance.
WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
YARD. An open space, other than a court, on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.
YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and measured between the front lot line and the nearest line of the main building.
YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line or point of the main building nearest the rear line of the lot.
YARD, SIDE. A yard on each side of a building between the building and the sideline of the lot and extending from the front line to the rear yard.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
ZONE or ZONING DISTRICT. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limited are established for buildings, all as set forth and specified in this chapter.
(Ord. 2021-03, passed 12-7-2021)