“Access” shall mean the place or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use required by the provisions of this chapter.
(§ 8170.1, T.O.O.C.)
“Accessory” shall mean a use customarily incidental to a building or part of a building or structure, which use is subordinate to, and the use of which is incidental to and detached from, the main building, structure, or use on the same lot. If an accessory building is attached to the main building by a common wall, or if the roof of the accessory building is a continuation of the roof of the main building, such accessory building shall be considered a part of the main building.
(§ 8170.2, T.O.O.C.)
“Accessory dwelling unit” shall mean 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 a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit may be an efficiency unit or a manufactured home as defined in Section 18007 of the Health and Safety Code. (§ 3, Ord. 1631-NS, eff. July 14, 2017)
(§ 3, Ord. 1631-NS, eff. July 14, 2017)
“Adult” shall mean any person of eighteen (18) years of age or older, or any emancipated minor.
(§1, Ord. 1139-NS, eff. March 17, 1992)
"Adult-use cannabis" or "adult-use product" means cannabis or a cannabis product, respectively, intended to be sold for use by adults 21 years of age and over and who do not possess a physician's recommendation.
(§ 16, Ord. 1703-NS, eff. August 5, 2022)
“Aggrieved person” shall mean any person, who, in person or through a representative, appeared at a public hearing of the City decision-making officer or Commission in connection with the decision or action appealed, or who, by other appropriate means, informed the City decision-making official or Commission prior to the public hearing of the nature of his or her concerns, or who, for good cause, was unable to do either.
(Part 5, Ord. 1446-NS, eff. October 25, 2005)
“Agriculture” shall mean the science and art of farming, producing crops, floriculture, horticulture, and the work of cultivating the soil.
(§ 8170.3, T.O.O.C.)
“Alley” shall mean a public or private way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining property.
(§ 8170.4, T.O.O.C.)
“Apartment” shall mean a dwelling unit located within an apartment house.
(§ 8170.5, T.O.O.C.)
“Apartment house” shall mean a building under one ownership, containing three (3) or more dwelling units that are rented by the residents of each unit. Apartment house does not include buildings configured for individual unit ownership.
(§ 8170.6, T.O.O.C.)
“Appeal, scope of.” The scope of matters to be heard on appeals of permits filed pursuant to this chapter shall be confined to the project as proposed to the original or first decision maker, without change. However, nothing herein shall be construed to prevent the applicant or a person appearing on appeal from submitting information concerning the unchanged proposal which had not theretofore been submitted to a decision maker.
(§ I, Ord. 739-NS, eff. March 13, 1980)
“Arcade” shall mean an establishment with five (5) or more amusement devices which are coin-operated or slug-operated, or which are available for rent or hire for stated periods of time, and which are maintained for use by the public, including video games, pinball games, and shooting games.
For the purposes of this section, “amusement devices” shall not include motion picture projectors, slide projectors, video tape machines, or similar machines, each for the purpose of showing films, motion pictures, video cassettes, slides, or other photographic reproductions.
(§ I, Ord. 772-NS, eff. March 5, 1981)
“Assisted living facility” shall mean a facility which is licensed by the State of California to provide 24-hour, non-medical care for more than six (6) persons 60 years of age or over in need of personal services, supervision or assistance essential for the activities daily living.
“Auto body repair” shall mean any use or activity involving body, frame, fender straightening or repair, or the overall painting and undercoating of motor vehicles. Auto body repair shall not include the rebuilding of vehicles beyond repair as determined by an insurance company or the dismantling or storage of wrecked or junked vehicles.
(§ 4, Ord. 1168-NS, eff. January 5, 1993)
“Auto painting” shall mean any use or activity involving the overall painting and undercoating of motor vehicles, including minor dent removal and surface refinishing. Auto painting does not include auto bodywork such as body, frame, fender straightening or repair.
(§ 2, Ord. 1561-NS, eff. October 14, 2011)
“Auto repair” shall mean any motor vehicle repair such as tire, brake, engine, radiator, transmission, tune-up, electrical, battery, exhaust system, suspension, air conditioning, smog, auto detailing, glasswork, window tinting, upholstery, and shall include car stereo, car alarm, and cellular phone maintenance, repair or installation, and not including the work of auto body repair.
(§ 4, Ord. 1168-NS, eff. January 5, 1993)
“Basement” shall mean the portion of a building between the floor and ceiling, which portion is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is less than the vertical distance from the grade to the ceiling.
(§ 8170.7, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Boarding school” shall mean a school providing lodging and meals for pupils.
(§ 8170.9, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Boatel” shall mean one or more buildings containing guest rooms or dwelling units which are designed, used, or intended to be used, wholly or in part, for the accommodation of boat transients or tourists and which are located near or abutting a river, lake, or ocean.
(§ 8170.10, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Bona fide single housekeeping unit” shall mean one or more persons living together in and sharing a dwelling unit in a relatively permanent single housekeeping relationship based upon a bond of social, economic and psychological commitments to each other, as distinguished from a group living together in a boardinghouse, lodging house, multiple-occupancy apartment relationship, fraternity, sorority, club, motel, hotel, short-term tenancy of less than thirty (30) days, rehabilitation center, or rest home.
(§ 1, Ord. 1139-NS, eff. March 17, 1992)
“Building” shall mean any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, chattel, or property of any kind.
(§ 8170.11, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Building height” is limited to a vertical dimension measured from existing grade or the finished grade, whichever is less, up to a warped plane equal to the height limit of the underlying zone. All portions of the building must be located at or below the building height limit, unless otherwise specified within the code as a building height exception. The “warped plane” is an imaginary plane projected parallel to the topography of the site at the height limit of the applicable zoning district. (§ 8170.12, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981, as amended by § 1, Ord. 1698-NS, eff. April 29, 2022)
“Building materials” shall mean materials used for building construction, fencing and paving, such as stone, brick, block, sand, gravel, cement, steel, lumber, pipe, drywall, insulation and roofing.
“Building materials storage and sales yard” shall mean a store in which building materials take up fifty (50%) percent or more of the merchandise display and storage area, including all indoor and outdoor areas.
“Business” shall mean a use or activity involving the sale or rental of goods or the sale or furnishing of services of any kind.
(§ 8170.13, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Cannabis” or “marijuana” shall mean all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include: (a) Industrial hemp as defined in Health and Code Section 11018.5; or (b) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations.
(§ 2, Ord. 1612-NS, eff. February 26, 2016; § 2, Ord. 1627-NS, eff. December 6, 2016; § 2, Ord. 1629-NS, eff. April 14, 2017)
"Cannabis Retailer" means a commercial cannabis business facility where medicinal or adult-use cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of Thousand Oaks authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
(§ 16, Ord. 1703-NS, eff. August 5, 2022)
“Cannabis testing laboratory” shall mean a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2) Licensed by the State of California.
(§ 3, Ord. 1636-NS, eff. December 29, 2017)
“Car share vehicle station” means as a site or a portion of a site used for the purpose of storing motor vehicles, where the vehicle is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service rental service to the general public. A car share vehicle does not include vehicles used as part of ride-hailing companies or taxicabs. (§ 3, Ord. 1704-NS, eff. November 25, 2022)
“Caregiver” or “primary caregiver” shall have the same meaning as set forth in Health and Safety Code Section 11362.7 and as amended from time to time.
(Part 2, Ord. 1612-NS, eff. February 26, 2016)
“Caretaker Unit” shall mean a dwelling unit provided as an accessory use for a person employed to take care of the building and property on which the caretaker unit is located. (§ 2, Ord. 1706-NS, eff. December 2, 2022)
“Cellar” shall mean that portion of a building between the floor and ceiling, which portion is wholly or partly below grade and so located that the vertical distance from the grade to the floor below is equal to or greater than the vertical distance from the grade to the ceiling.
(§ 8170.14, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Club” shall mean any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(§ 8170.15, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Columbarium” shall mean a structure in the form of a small building or wall containing niches, or single compartments, designed to store the cremated remains of a deceased person within an urn, or enclosed vase. (part 1, Ord. 1710-NS, eff. March 17, 2023)
“Commercial cannabis activity” or “commercial marijuana activity” shall mean any and all activities requiring licensing through the State of California including but not limited to the cultivation, manufacturing, testing, retail dispensing from a fixed location or other mobile dispensary, and any other type of distribution, for both medical marijuana and marijuana meant for personal use.
(§ 2, Ord. 1612-NS, eff. February 26, 2016; § 2, Ord. 1627-NS, eff. December 6, 2016; § 2, Ord. 1629- NS, eff. April 14, 2017)
“Commercial residential use” shall mean the residential use of real property where the lessor or owner receives compensation, in any form of consideration, from any person for that person’s residential use of any dwelling.
(§ 4, Ord. 1139-NS, eff. March 17, 1992)
“Commission” shall mean the Planning Commission of the City.
(§ 8170.16, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Community center” shall mean a meeting place where people living in the same community may carry on cultural, recreational, or social activities and possessing outdoor recreational facilities, such as golf courses, tennis courts, or polo grounds.
(§ 8170.17, T.O.O.C., as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Condominium” shall mean a unit (a dwelling unit in a residential building or a space in a non-residential building) within a condominium project, as defined in Section 1351(f) of the California Civil Code. A unit includes air space in the building and may include other incidental parts of the real property. A condominium involves a form of ownership consisting of a separate interest in the individual unit and an undivided interest in the balance of the development which is owned in common by the owners of the individual units. A dwelling unit in a subdivision consisting of one-family dwellings on separate lots and one or more lots owned in common by the owners of the separate lots shall not be construed to be a condominium.
“Convalescent hospital” shall mean any place or institution which makes provisions for bed care or for chronic convalescent care for one or more persons, exclusive of relatives, who, by reason of illness or physical infirmity, are unable to care for themselves. Alcoholics, drug addicts, persons with mental diseases, and persons with communicable diseases, including contagious tuberculosis, shall not be admitted or cared for in convalescent hospitals. For the purposes of this chapter, convalescent hospitals shall be considered the same as hospitals in the permitted use and special use permit categories.
(§ IV, Ord. 149-NS, eff. May 7, 1970, as renumbered by § I, Ord, 772-NS, eff. March 5, 1981)
“Country club” shall mean a chartered, nonprofit membership club, with or without dining facilities and a cocktail lounge, catering primarily to its membership and providing one or more of the following recreational and social amenities: golf, riding, outdoor recreation, club house, locker room, and pro shop.
(§ V, Ord. 149-NS, eff. May 7, 1970, as renumbered by § I, Ord, 772-NS, eff. March 5, 1981)
“Cultivation” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(k) and as amended from time to time.
(§ 2, Ord. 1612-NS, eff. February 26, 2016; § 2, Ord. 1627-NS, eff. December 6, 2016; § 2, Ord. 1629-NS, eff. April 14, 2017)
“Dancing establishments” shall mean any restaurant, bar, hotel or motel, club or lodge, nightclub, or other gathering place open to the public, whether or not admission is charged, wherein dancing is allowed and participated in on a recurring basis by one or more persons, whether or not they are compensated for their dancing. This shall not include dance academies, schools, or studios where dancing is permitted only by students and instructors engaged in dancing instruction, nor shall this include public or private schools, which host dances solely for students, or adult-supervised youth organizations, City, park district or other governmental facilities which host dances, nor shall this include motels, hotels or restaurants or businesses which only rent enclosed banquet rooms or space for private parties.
(§ 3, Ord. 1187-NS, eff. October 5, 1993)
“Dance studio” shall mean any public or private dance academy, school, or studio where dancing is permitted only by students and instructors engaged in dance instruction.
(§ 1, Ord. 1380-NS, eff. August 23, 2001)
“Day nursery” shall mean any type of group child day care program, including nurseries for children of working parents, nursery schools for children under the minimum age for education in public schools, parent cooperative nursery schools, educational schools, play groups for preschool children, and programs covering after-school care for school children, provided such establishment is institutional in character and is licensed by the State or County and conducted in accordance with State requirements. Day nursery shall not include small and large family day care homes.
(§ 8170.24, T.O.O.C., as renumbered by § III, Ord. 149-NS, eff. May 7, 1970, § I, Ord. 772-NS, eff. March 5, 1981, and § 1, Ord. 1189-NS, eff. November 2, 1993)
“Delivery” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(m) and as amended from time to time.
(§ 2, Ord. 1612-NS, eff. February 26, 2016)
“Director” shall mean the Community Development Director of the City.
(§ 8170.18, T.O.O.C., as renumbered by § III, Ord. 149-NS, eff. May 7, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Dish antenna” shall mean an apparatus capable of receiving or transmitting communications from a transmitter or a transmitter relay located in planetary orbit. This definition does not include eighteen (18") inches of smaller diameter dish antennas which are not visible from the public right-of-way and in residential zones are not roof-mounted or do not exceed six (6’) feet in height when measured from ground level to the top of the antenna, including all other components thereof.
(§ 1, Ord. 1227-NS, eff. January 17, 1995)
“Dispensary” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(n) and as amended from time to time. Dispensary shall not mean any of the following:
(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code.
(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code.
(3) A residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code.
(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code.
(5) A residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.
(Part 2, Ord. 1612-NS, eff. February 26, 2016)
“Dispensing” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(o) and as amended from time to time.
(Part 2, Ord. 1612-NS, eff. February 26, 2016)
“Distribution” shall have the same meaning as set forth in Business and Professions Code 19300.5(p) and as amended from time to time.
(Part 2, Ord. 1612-NS, eff. February 26, 2016)
“Drive-through restaurant” shall mean an eating establishment designed and operated to serve food and drinks to customers who drive their vehicles up to a service window to receive the food and drinks that they ordered, regardless of whether service is also provided to customers inside the restaurant or at a walk up window.
(§ VII, Ord. 149-NS, eff. May 7, 1970, as renumbered by § I, Ord. 772-NS, eff. March 5, 1981, § III, Ord. 1477-NS, eff. June 14, 2007)
“Driveway” shall mean an improved (by means of application of concrete, asphalt or other material approved by the Public Works Director) surface area leading to City approved and required enclosed parking space for any residential use, structure or building subject to this chapter.
(§1, Ord. 1220-NS, eff. October 11, 1994)
“Dwelling” shall mean a building, or portion thereof, designed for or occupied exclusively for residential purposes.
(§ 8170.19, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Dwelling, multiple-family” “multiple-family dwelling” also known as "multifamily dwelling," shall mean a dwelling in an apartment house, condominium project, community apartment project or stock cooperative that contains three (3) or more dwelling units.
(§ 8170.23, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Dwelling, one-family” “one-family dwelling” also known as "single-family dwelling," shall mean a dwelling unit on a lot that is not part of a condominium project, which is detached from any other dwelling unit on the lot except an accessory dwelling unit permitted under this title.
(§ 8170.21, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, and § I, Ord. 772-NS, eff. March 5, 1981; as amended by § 3, Ord. 1631-NS, eff. July 14, 2017)
“Dwelling, two-family” “two-family dwelling” shall mean a building containing two (2), and only two (2), dwelling units on a single lot.
(§ 8170.22, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Dwelling unit, zero lot line” shall mean a one family dwelling, which is located so that the structure abuts one or more of the side lot lines of the lot on which the dwelling unit is located.
(§ 2, Ord. 1414-NS, eff. October 2, 2003)
“Dwelling unit” shall mean a building or rooms inside a building that are used as a domicile by one family, and contain common interior access and permanent living, sleeping, eating, cooking and sanitation facilities which is fixed on a permanent foundation. (§ 8170.20, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, § I, Ord. 772-NS, eff. March 5, 1981, and § 2, Ord. 1704-NS, eff. November 25, 2022)
“Efficiency kitchen” shall mean a kitchen that contains a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the dwelling unit. An efficiency kitchen may or may not contain a sink. (§ 3, Ord. 1631-NS, eff. July 14, 2017)
“Efficiency unit” shall mean a dwelling unit with a separate bedroom, closet, and kitchen, per California Building Code Section 1208.4. (§ 3, Ord. 1631-NS, eff. July 14, 2017)
“Eligible facilities request” shall mean the same as defined by Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 and the Federal Communications Commission in 47 C.F.R. § 1.6100(b)(3), as may be amended or superseded.
(§ 4, Ord. 1661-NS, eff. March 5, 2019)
“Emergency shelter” shall mean housing with minimal supportive services for homeless persons that is limited to occupancy for six (6) months or less by a homeless person.
“Family” shall mean one or more persons living together as a single housekeeping unit.
(§ 8170.25, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Flagpole” shall mean a freestanding structure or a structure attached to a building or to the roof of a building on a parcel of record and used for the sole purpose of displaying flags of political entities.
(§ III, Ord. 166-NS, eff. September 24, 1970, as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Food cooperative” shall mean a nonprofit enterprise that is collectively owned and operated and is engaged in the purchase and distribution of food and produce among its members with no profit motive. The purchase of the food shall be by prior order and distribution shall occur within the same day of the arrival of the food at the residential property. The food cooperative shall be conducted solely within properties developed with single-family detached residences and shall be incidental to the primary use as a residence. Commercial vehicles are permitted for deliveries, however this activity shall not be so intense as to destroy the character and integrity of the residential neighborhood.
(§ I, Ord. 834-NS, eff. June 21, 1983)
“Garage, private” shall mean an accessory building, or an accessory portion of the main building, designed and used primarily for the shelter or storage of operable vehicles owned or operated by the occupants of the main building.
(§ 8170.27, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Garage, public” shall mean a building, other than a private garage, used for the storage, care, repair, or servicing of automobiles.
(§ 8170.27, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, § I, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Garbage” shall mean all waste food or discarded food of all kinds, including, but not restricted to, meat, fish, fruit, bakery goods, and vegetable refuse, or any putrid or offensive organic matter, except manure or fertilizer used for agricultural purposes.
(§ 8170.28, T.O.O.C., as renumbered by § VIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Garden Center” shall mean a commercial establishment in which the primary use is the sale of plants, trees and shrubs, which are grown under cover or outdoors. The sale of gardening items including, but not limited to packaged fertilizers, lawn and landscape supplies, nursery products and stock, potting soil, chemicals, hardware, hoes, rakes, shovels and other garden tools are considered incidental to the primary use.
(§ 1, Ord. 1485-NS, eff. October 11, 2007)
“Gazebo and/or pool house cabana” shall mean a freestanding structure (similar to a detached open patio cover), with a pitched roof design, having a maximum height of fifteen (15’) feet, and a maximum area of six hundred (600) square feet, and shall be designed for recreational use only and not for habitation.
(§ 2, Ord. 1177-NS, eff. April 27, 1993, as amended by § 1, Ord. 1210-NS, eff. May 24, 1994)
“Golf course” shall mean a lot or portion of a lot used for the playing of golf and shall include pitch and putt courses but shall not include driving ranges, miniature golf courses, or other similar commercial enterprises.
(§ IX, Ord. 149-NS, eff. May 7, 1970, as renumbered by § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Grade” shall mean the average of the finished ground level at the center of all walls of a building. In the event walls are parallel to, and within five (5’) feet of, a sidewalk, the above-ground level shall be measured at the sidewalk. (§ 8170.29, T.O.O.C., as renumbered by § X, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Grade, existing” means the ground elevation and topography before grading or site preparation for development or redevelopment. (§ 1, Ord. 1698-NS, eff. April 29, 2022)
“Grade, finished” means the final ground elevation after the completion of grading or site preparation for development. (§ 1, Ord. 1698-NS, eff. April 29, 2022)
“Gross floor area” shall mean the total dimensions on each floor as measured from the outside wall.
(§ XI, Ord. 149-NS, eff. May 7, 1970, as renumbered by § II, Ord. 166-NS, eff. September 24, 1970, and §I, Ord. 772-NS, eff. March 5, 1981)
“Gross lot area” shall mean the total dimensions on the lot measured along property lines.
(§ XII, Ord. 149-NS, eff. May 7, 1970, as renumbered by § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772, NS, eff. March 5, 1981)
“Group houses” shall mean two (2) or more separate buildings, each containing one or more dwelling units.
(§ 8170.30, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Guest house” shall mean living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied for the sole use of members of the family, temporary guests, or persons permanently employed on the premises.
(§ 8170.31, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I Ord. 772-NS, eff. March 5, 1981)
“Hardware store” shall mean a store involving less than sixty thousand (60,000) square feet of total building and outdoor display and sales area, that sells a wide variety of home improvement merchandise (e.g. tools, fasteners, electrical and plumbing fixtures, paint, flooring, garden supplies and building materials), in which no single product type (e.g. paint, flooring, garden supplies or building materials) takes up fifty (50%) percent or more of the merchandise display and storage area, including all indoor and outdoor areas.
“Health club and health studio” means public and private clubs (athletic, health, or recreational), reducing salons, weight control establishments, and aerobics.
(Ord. 1082-NS, eff. July 31, 1990)
“Hedge” shall mean a continuous visual barrier formed by a dense row of trees, bushes, shrubs or other vegetation. The term hedge shall not mean:
(1) A visual barrier created solely by a tree canopy when the canopy commences no less than seven feet above the highest point of the grade level inside the dripline; or,
(2) A visual barrier created by oak trees, historic trees, or landmark trees as they are defined by their respective preservation and protection ordinances.
(Ord. 1423-NS, eff. 1-13-2004)
“Highway” shall mean a highway as shown on the General Plan of the City, as adopted by Chapter 2 of this title.
(§ 8170.32, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Home improvement center” shall mean a store involving sixty thousand (60,000) or more square feet of total building and outdoor display and sales area, that sells a wide variety of home improvement merchandise (e.g. tools, fasteners, electrical and plumbing fixtures, paint, flooring, garden supplies and building materials), in which no single product type (e.g. paint, flooring, garden supplies or building materials) takes up fifty (50%) percent or more of the merchandise display and storage area, including all indoor and outdoor areas.
“Home occupation” shall mean any use customarily conducted entirely within a dwelling or building accessory thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof and does not adversely affect the uses permitted in the zone of which it is a part. Home occupations shall be subject to home occupation permits as set forth in Section 9-4.2518 of Article 25 of this chapter.
(§ 8170.33, T.O.O.C., as amended by § I, Ord. 231, as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Hospital” shall mean an institution providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured.
(§ 8170.34, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, 772-NS, eff. March 5, 1981)
“Hotel” shall mean a building containing six (6) or more rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied, for sleeping purposes by guests.
(§ 8170.35, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, and § I, Ord. 772-NS, eff. March 5, 1981)
“Household pet” shall mean domesticated dog, cat, bird, tropical fish, rabbit, small rodents or small reptiles traditionally raised as household pets.
(§ 4, Ord. 1041-NS, eff. September 12, 1989)
“Household pet” shall mean domesticated dog, cat, bird, tropical fish, rabbit, small rodents or small reptiles traditionally raised as household pets.
(§ 4, Ord. 1041-NS, eff. September 12, 1989)
“Indoor customer dining area” shall be defined as a dining area with seats and/or tables located entirely inside the building walls of a restaurant, coffee shop and other food service establishment, or enclosed on three (3) sides by the walls of the building with a solid roof cover.
(§ 1, Ord. 1248-NS, eff. January 9, 1996)
“Junior accessory dwelling unit” shall mean an accessory dwelling unit that is contained entirely within the living area of an existing or proposed single-family dwelling and has an efficiency kitchen. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (§ 3, Ord. 1631-NS, eff. July 14, 2017)
(§ 3, Ord. 1631-NS, eff. July 14, 2017)
“Junior department store” shall mean a retail store intermediate in size between typical specialty retail stores and a full-line department store and carrying lines of merchandise mainly oriented to “soft” goods, such as apparel, with lesser merchandising of “hard” goods, such as appliances and furniture.
(§ IV, Ord. 563-NS, eff. March 18, 1976, as renumbered by § I, Ord. 772-NS, eff. March 5, 1981)
“Junk yard” shall mean an area, improved or unimproved, in excess of two hundred (200) square feet:
(1) Upon or in which is stored or kept junk, salvage materials, scrap materials, or inoperative vehicles or equipment, or any combination thereof; or
(2) Upon or in which vehicles or equipment or other property is dismantled or wrecked; or
(3) Upon or in which salvage materials, inoperative vehicles or equipment, or parts therefrom, or scrap metals, or any combination thereof, is kept for resale.
Materials or equipment kept on any premises for use in the construction of any building on such premises, and materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed “junk” or “salvage material” within the meaning of this section.
(§ 8170.36, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Kennel” and “dog kennel” shall mean any lot or premises on which five (5) or more dogs and cats at least four (4) months of age are kept, boarded, or trained, whether in special buildings or runways or not.
(§ 8170.37, T.O.O.C., as amended by § 19, Ord. 86, as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Kitchen” shall mean any room with a sink, a cooking appliance, and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front. Light and ventilation conforming to the City adopted Building Code shall be provided. A microwave shall not be considered a cooking appliance for purpose of determination of a kitchen.
(§ 8170.38, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, and § 3, Ord. 1412-NS, eff. August 14, 2003)
“Labor supply camp” shall mean any place, area, or building where living accommodations are maintained or intended for persons performing agricultural or other types of labor on property other than property owned or leased by the owner of such accommodations.
(§ 8170.39, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Large family day care home” is a City-regulated residential use and home family day care facility for seven (7) to twelve (12) children, inclusive, or up to fourteen (14) children, inclusive, if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be counted for purposes of these limits.
(§ 2, Ord. 1189-NS, eff. November 2, 1993)
“Live entertainment” shall mean any musical act (including karaoke), theatrical act (including stand-up comedy), play, revue, scene, dance act, or song and dance act, or any combination thereof, performed by one or more persons, whether or not they are compensated for the performance, in a privately owned premises which is open to the public, whether or not admission is charged.
(§ 4, Ord. 1187-NS, eff. October 5, 1993)
“Livestock” shall mean and include horses, mules, burros, jacks, jennies, cows, bulls, calves, heifers, sheep, lambs, llamas, alpacas, goats, swine, hogs, pigs, and any miniature specimen of these animals, and all other domestic or domesticated animals. Household pets as that term is defined in this chapter shall not be considered livestock.
(§ 8170.40, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981 and § 3, Ord. 1041-NS, eff. September 12, 1989)
“Livestock feeding pen” shall mean any area in which livestock are kept for fattening or dairy purposes and are fed by any method other than grazing.
(§ 8170.41, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure, except accessory dwelling units.
(§ 3, Ord. 1631-NS, eff. July 14, 2017)
“Lot” shall mean a parcel of land of at least sufficient size to meet the minimum zoning requirements for uses, coverage, and area and to provide such yards and other open spaces as are required by the provisions of this chapter. Such lots shall have frontage on an improved driveway, private access, public street, or private road, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; or
(4) A parcel of land described by metes and bounds; provided, however, in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
A lot of record shall mean any lot shown as a part of a recorded subdivision or any parcel of land described by metes and bounds in a recorded deed, record of survey, or other appropriate document recorded in the office of the County Recorder; provided, however no lot or parcel of land created without compliance with the provisions of the Subdivision Map Act (former Sections 11500 et seq. of the Business and Professions Code of the State) or this Code shall be entitled to the waiver of this section.
(§ 8170.43, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981, as amended by part 26, Ord. 1437-NS, eff. July 7, 2005)
“Lot area” shall mean the total area, measured in a horizontal plane, within the lot lines of a lot.
(§ 8170.49, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7,1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot, corner” shall mean a lot of parcel of land situated at the intersection of two (2) or more streets or highways, which streets or highways have an angle of intersection, measured within such lot or parcel of land, of not more than one hundred thirty-five (135) degrees.
(§ 8170.50, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot depth” shall mean the horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.
(§ 8170.48, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § IV, Ord. 563-NS, off. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot, interior” shall mean a lot other than a corner lot.
(§ 8170.52, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot, key” shall mean the first lot to the rear of a reverse-corner lot and not separated therefrom by an alley.
(§ 8170.53, T.O.O.C., as renumbered § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and §I, Ord. 772-NS, eff. March 5, 1981)
“Lot line, front” shall mean a line separating an interior lot from a street or a line separating the narrower street frontage of a corner lot from the street.
(§ 8170.44, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot line, rear” shall mean a lot line which is opposite and most distant from the front lot line. For a triangle or gore-shaped lot, the rear lot line shall mean a line ten (10’) feet in length within the lot, which line is parallel to the front lot line or parallel to the cord of a curved front lot line, and at the maximum distance from the front lot line.
(§ 8170.45, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot line, side” shall mean any lot boundary line which is not a front lot line or a rear lot line.
(§ 8170.46, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot, reverse-corner” shall mean a corner lot, the side line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of such corner lot.
(§ 8170.51, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot, through” shall mean a lot other than a corner lot having frontage on two (2) parallel streets.
(§ 8170.54, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18,1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Lot width” shall mean the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines.
(§ 8170.47, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
"Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
(§ 16, Ord. 1703-NS, eff. August 5, 2022)
“Medical Marijuana Regulation and Safety Act” or “MMRSA” shall mean the following bills signed into law on October 9, 2015 and as amended from time to time: AB 243, AB 266 and SB 643.
(§ 2, Ord. 1612-NS, eff. February 26, 2016)
“Mezzanine” shall be considered a portion of the story below. Such mezzanines shall not contribute to number of stories but the mezzanine’s area shall be included in the total building square footage. The clear height above and below the mezzanine floor construction shall be not less than seven (7’) feet. (§ 2, Ord. 1706-NS, eff. December 2, 2022)
“Mobile car detailing” shall mean a business engaged in the commercial activity of performing a detailed cleaning of motor vehicles at a nonfixed location, on a prearranged appointment basis, which activity includes a broader scope of services than mobile car washing, such as, but not limited to, handing washing, polishing and detail cleaning of the outside of the vehicle, and vacuuming, detail cleaning and applying protective agents to the interior, generally requiring more than ninety (90) minutes for one worker to complete the service call on a vehicle.
(§ 1, Ord. 1195-NS, eff. January 25, 1994)
“Mobile car washing” shall mean a business engaged in the commercial activity of washing motor vehicles at a nonfixed location by means of a mobile service truck utilizing water tanks and high pressure water spray equipment to dislodge dirt and other foreign materials from the exterior surface of vehicles, with more limited services provided than mobile car detailing.
(§ 1, Ord. 1195-NS, eff. January 25, 1994)
“Mobile home park” means an area or land where two or more spaces are rented or leased for mobile homes or manufactured homes to be used as dwellings. The dwellings may be either owned or rented by the occupants. A mobile home park is defined in State Law, Civil Code, § 798.4, and does not include residences provided by employers for farmworkers or other employees, nor does it include campgrounds or other sites for temporary lodging. (Part 2, Ord. 1718-NS, eff. September 12, 2023)
“Motel” shall mean one or more buildings containing guest rooms with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court, which facilities are designed, used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests and are offered primarily to automobile tourists or transients by signs or other advertising media. “Motel” shall include auto courts, motor lodges, and tourist courts.
(§ 8170.55, T.O.O.C., as amended by § 20, Ord. 86, as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Nightclub” shall mean any establishment in which at least twenty (20%) percent of the customer area consists of one or more of the following:
(a) An area or floor for dancing;
(b) A stage for live entertainment;
(c) A bar, cantina, or similar area for the service of beverages, where seating is provided.
Any restaurant that provides dancing or live entertainment, regardless of floor area utilized, during hours in which the restaurant no longer serves full meals from its menu, shall also be deemed a nightclub. This definition shall not apply to establishments which operate solely as a bar or tavern and have no dancing or live entertainment.
(§ 5, Ord. 1187-NS, eff. October 5, 1993)
“Nonconforming building” shall mean a building or structure, or portion thereof, which was lawfully erected or altered and maintained but which, because of the application of the provisions of this chapter to it, no longer conforms to the regulations of the zone in which it is located.
(§ 8170.56, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Non-conforming condition” means a feature or site condition which was lawfully erected or altered and maintained but which, because of the application of the provisions of this chapter to it, no longer conforms to the regulations of the zone in which it is located. (§ 3, Ord. 1704-NS, eff. November 25, 2022)
“Nonconforming use” shall mean a use, land, or any property which was lawfully established and maintained but which, because of the application of the provisions of this chapter to it, no longer conforms to the regulations of the zone in which it is located.
(§ 8170.57, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, and § I, Ord. 772-NS, eff. March 5, 1981)
“Non-habitable area” means bathrooms, closets, halls, storage or utility spaces, and garages.
(§ 3, Ord. 1631-NS, eff. July 14, 2017)
“Open space” shall mean any parcel or area of land or water which is essentially unimproved and devoted to an open space use as defined in this section, and which is designated on the local open space plan as any of the following: (1) for the preservation of natural resources; (2) for the managed production of resources; (3) for outdoor recreation; (4) for public health and safety.
(§ II, Ord. 1108-NS, eff. June 20, 1991)
“Outdoor customer dining area” shall be defined as a dining area with seats and/or tables located outdoors of a restaurant, coffee shop or other food service establishment, and which is (a) located entirely outside the walls of the subject building, (b) enclosed on two (2) sides or less by the walls of the building with or without a solid roof cover, or (c) enclosed on three (3) sides by the walls of the building without a solid roof cover.
(§ 2, Ord. 1248-NS, eff. January 9, 1996)
“Public parking area” shall mean an open area, other than a street, alley, or place, used for the temporary parking of automobiles and available for public use.
(§ 8170.58, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Or. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Parking Structure” shall mean any structure used for parking vehicles that contains both parking spaces and drive aisles to those parking spaces. The structure may consist of single or multiple levels, and may be attached or detached, above or below grade.
(§ 1, Ord. 1156-NS, eff. July 7, 1992, and § 1, Ord. 1569-NS, eff. March 9, 2012)
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(§ 3, Ord. 1631-NS, eff. July 14, 2017)
“Pilaster” shall mean an upright architectural member, including but not limited to a column, shaft or base.
(§ 2, Ord. 1249-NS, eff. January 9, 1996)
“Playhouse” shall mean a freestanding structure, exclusively for the use of children, with a maximum height of twelve feet (12’) and an area not to exceed one hundred twenty (120) square feet.
(§ 3, Ord. 1177-NS, eff. April 27, 1993)
“Poultry” shall mean domestic fowl, chickens, ducks, geese, and similar fowl, but specifically excluding turkeys and guinea fowl.
(§ 8170.59, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Public road or street” shall mean any road, street, or thoroughfare of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel.
(§ 8170.60, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Qualifying patient” or “Qualified patient” shall have the same meaning as set forth in Health and Safety Code Section 11362.7 and as amended from time to time.
(Part 2, Ord. 1612-NS, eff. February 26, 2016)
“Racing homing pigeons” shall mean a breed of pigeons specifically bred and used for racing purposes.
(§ 8170.79, T.O.O.C., as renumbered by § XIII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Recreational vehicle” shall mean a vehicle self-propelled or towed, licensed or unlicensed, including but not limited to motorhomes, travel trailers, tent trailers, watercraft, vehicles designed primarily for off-road use, animal trailers, multi-use trailers, and camper/truck combinations that have integrated sleeping and cooking facilities.
(Part 1, Ord. 1449-NS, eff. November 1, 2005)
“Religious Facility” shall mean a permanently located building used for public or private purposes, including prayer, worship, weddings, or special services. Such building shall be fully enclosed with walls (including windows and doors) and shall conform to applicable legal requirements affecting design and construction.
(§ VI, Ord. 149-NS, eff. May 7, 1970, as renumbered by § I, Ord. 772-NS, eff. March 5, 1981, as amended by §7, Ord. 1392-NS, eff. June 7, 2002)
"Residential care facilities, large" shall mean State-licensed facilities that provide 24-hour-a-day, non-medical care and supervision for seven (7) or more physically, mentally and/or developmentally disabled persons in need of assistance essential for sustaining the basic activities of daily living, such as bathing, dressing, eating, transferring and toileting.
“Residential care facilities, small” shall mean State-licensed residential facilities that are required by law to be treated as residential uses for zoning purposes, including the following facilities serving six (6) or fewer persons:
(1) Residential care facilities for the elderly as set forth in Health and Safety Code Sec. 1569.85;
(2) Residential facilities (family homes, group care facilities for 24-hour-a-day non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual) as set forth in Health and Safety Code Sec. 1502 (a) (1) and 1566.3;
(3) Alcoholism or drug abuse recovery or treatment facilities as set forth in Health and Safety Code Sec. 11834.02 and 11834.23;
(4) Residential care facilities for persons with chronic life-threatening illnesses as set forth in Health and Safety Code Sec. 1568.0831;
(5) Intermediate care facilities for the developmentally disabled habilitative, intermediate care facility/developmentally disabled-nursing and congregate health living facilities as set forth in Health and Safety Code Sec. 1267.8, 1267.9 and 1267.16;
(6) Pediatric day health and respite care facilities as set forth in Health and Safety Code Sec. 1760.2 and 1760.4;
(7) Family care homes, foster homes and group homes providing care on a 24 hour basis for mentally disordered or otherwise handicapped persons or dependent and neglected children as set forth in Welfare & Institutions Code Sec. 5115 and 5116.
“Residential Sports Facility” is any structure or improvement, with or without lighting, built for the purpose of and upon which any form of athletic activity is carried on or conducted, including but not limited to, basketball, racquetball, tennis, batting cages, skateboard ramps, and volleyball. A residential sports facility shall not include temporary facilities established for a period of less than ten (10) consecutive days, or ten (10) nonconsecutive days in any thirty (30) day period.
(§ 3, Ord. 1486-NS, eff. October 11, 2007)
“Resource collection center” or “collection center” shall mean a central location for the collection, storage, processing, shipping and/or disposal of goods to be recycled. Those goods may include but are not limited to: paper, aluminum, plastics, glass and other metals, as limited by the California Beverage Container Recycling and Litter Reduction Act (Public Resources Code Section 14500, et seq.).
(§ 1, Ord. 980-NS, eff. November 3, 1987, as renumbered by § II, Ord. 1108-NS, eff. June 20, 1991)
“Resource collection receptacle” shall mean a mechanical or nonmechanical type of container, designed and used for the receiving of material to be recycled and located at collection points off-site from a resource collection center. Those goods may include but are not limited to: aluminum, plastics, glass and other metals, as limited by the California Beverage Container Recycling and Litter Reduction Act (Section 14500, et seq.).
(§ 1, Ord. 980-NS, eff. November 3, 1987, as renumbered by § II, Ord. 1108-NS, eff. June 20, 1991)
“Secretary” shall mean the Secretary of the Planning Commission.
(§ 8170.63, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Self-storage” shall mean a building or buildings containing various sizes of storage compartments, stationary or portable, wherein each compartment is offered for rent or lease for the private storage of materials to the general public or businesses, who are to have access to space for the purpose of storing and removing property or for individual storage containers but not the sale of materials. Self-storage does not include a garage or other storage area in a private residence, warehouse, or a public utility. Also known as “mini-storage”, “mini-warehousing”, and “personal storage”, as commonly referred to in the industry. (§ 2, Ord. 1706-NS, eff. December 2, 2022)
“Senior mobile home park” means a mobile home park as defined in Section 798.4 of the California Civil Code where the occupancy of a mobile home space is restricted such that at least one person occupying the mobile home as a permanent resident must be age 55 or older and that person must own or be a part-owner of that mobile home or the direct beneficiary of a trust or estate that owns that mobile home. To comply with federal law, a senior park may permit up to 20 percent of the coach owners under the age of 55. (Part 2, Ord. 1718-NS, eff. September 12, 2023)
“Service station” shall mean a place or station selling motor fuel and oil for motor vehicles; servicing batteries; furnishing repair service, excluding painting, body work, steam cleaning, and tire recapping; and at which accessory sales or incidental activities are conducted.
(§ 8170.70, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Sign” shall mean any outdoor advertising display, outdoor advertising structure, indoor advertising display, or indoor advertising structuredesigned and placed so as to be readable principally from the outside.
(§ 8170.62, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Single room occupancy housing” shall mean an apartment house within which the eating, sleeping and living areas for each dwelling unit are all situated within one room.
“Small family day care home” is a permitted residential use and home family day care facility for six (6) or fewer children, or eight (8) or fewer children if two (2) of the children are six (6) years of age or older. Children under the age of ten (10) years who reside in the home shall be counted for purposes of these limits.
(§ 3, Ord. 1189-NS, eff. November 2, 1993)
“Small wireless facility” or “small wireless facilities” shall mean the same as defined by the Federal Communications Commission in 47 C.F.R. § 1.6002(l), as may be amended or superseded.
(§ 4, Ord. 1661-NS, eff. March 5, 2019)
“Commercial stable” shall mean a stable other than a private stable.
(§ 8170.65, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Private stable” shall mean an accessory building or structure used for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire, or sale.
(§ 8170.66, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, § II, Ord 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Story” shall mean the portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above, including the basement.
(§ 8170.67, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Structural alteration” shall mean any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, roof joists, or rafters, and any change in the roof or exterior lines.
(§ 8170.69, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Structure” shall mean anything constructed or erected which requires a location in or on the ground, or which is attached to something having a location on or in the ground, such as signs, flagpoles, or similar appurtenances, including a building or a building’s architectural features and roof appurtenances required to operate and maintain the building, but not including fences, or walls used as fences, less than six (6’) feet in height.
(§ 8170.68, T.O.O.C., as renumbered by § XV, Ord. 149-NS, eff. May 7, 1970, as amended by § I, Ord. 166-NS, eff. September 24, 1970, as renumbered by § II, Ord. 166-NS, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Substance abuse treatment facility” shall mean any premises, building or group of buildings that is operated with a license from the State of California to provide 24-hour residential nonmedical alcoholism or drug abuse recovery or treatment services to more than 6 persons.
(Part 3, Ord. 1614- NS, eff. April 22, 2016)
“Supportive housing” shall mean housing as defined in Sec. 65582 of the California Governmental Code.
(Part 2, Ord. 1614-NS, eff. April 22, 2016)
“Swimming pool” shall mean a tank or pool created by artificial means designed for the purpose of containing a body of water and offering the possibility of use for swimming, bathing, and/or total bodily immersion by any person, any portion of which tank or pool exceeds thirty-six (36") inches in depth and which pool or tank is not portable in design or construction.
(§ XVI, Ord. 149-NS, eff. May 7, 1970, as renumbered by § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, §1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Tandem parking” shall mean where one vehicle, as defined by the Vehicle Code, is parked immediately behind another vehicle.
(§2, Ord. 1220-NS, eff. October 11, 1994)
“Technology and life sciences” shall mean technical research and the design, development, and testing of technological and/or/with biological com- ponents and products in advance of product manu- facturing. Includes assembly of related products from parts produced off-site and limited on-site manufacturing of components where the manufac- turing activity is secondary to the primary activities. Excludes any use classified under Chapter 21 of Title 3 (Cannabis Business Tax) and Chapter 29 of Title 5 (Cannabis) of the TOMC. (§ 1, Ord. 1664-NS, eff. October 25, 2019)
“Townhouse" shall mean a dwelling unit configured as a condominium in which each unit extends from foundation to roof.
“Automobile trailer” shall mean a vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including trailer coaches and mobile homes, and any self-propelled vehicle having a body designed for, or converted to, the same uses as an automobile trailer without motor power.
(§ 8170.71, T.O.O.C., as renumbered by § XVII, Ord. 149-NS, eff, May 7, 1970, § II, Ord, 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, §1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Trailer park,” “trailer court,” and “public trailer camp” shall mean any area or tract of land used or designed to accommodate two (2) or more automobile trailers, including trailer camps as defined by law.
(§ 8170.72, T.O.O.C., as renumbered by § XVII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, §1, Ord. 980-NS, eff. November 3, 1987, § II, Ord. 1108-NS, eff. June 20, 1991, and § III, Ord. 1459-NS, eff. April 21, 2006)
“Transitional housing” shall mean rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.
“Transport” shall have the same meaning as set forth in Business and Professionals Code Section 19300.5(am) and as amended from time to time.
(Part 2, Ord. 1612-NS, eff. February 26, 2016)
“Transporter” shall have the same meaning as set forth in Business and Professions Code 19300.5(an) and as amended from time to time.
(§ 2, Ord. 1612-NS, eff. February 26, 2016; § 2, Ord. 1627-NS, eff. December 6, 2016; § 2, Ord. 1629-NS, eff. April 14, 2017)
“Use” shall mean the purpose for which land or a building or structure is arranged, designed, or intended to be used or for which it is or may be used, occupied, or maintained.
(§ 8170.73, T.O.O.C., as renumbered by § XVII, Ord. 149-NS, eff, May 7, 1970, § II, Ord, 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, §1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Veterinary establishment” shall mean an establishment in which veterinary services, clipping, bathing, boarding, and other services are rendered to dogs, cats, and other small animals and domestic pets.
(§ 8170.74, T.O.O.C., as renumbered by § XVII, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Warehousing” shall mean the storage of materials to be used in manufacturing processes and or finished products which are intended to be distributed and or sold. These materials and products are to be kept entirely within a building. Such facilities may include loading facilities and management offices. Product distribution facilities where the materials, products and or goods to be moved/transferred are stored entirely within a building are also included. No assembly, manufacturing, or retail operation is conducted within the building. This use class does not include self-storage facilities, storage and transport of recycled/solid waste or storage of hazardous materials. (§ 2, Ord. 1706-NS, eff. December 2, 2022)
“Wholesaling” shall mean the indoor storage and distribution of merchandise, packages, and bulk goods. Retail sales to the public are not included. This classification includes importing and sale of imported goods, wholesale distribution, and the wholesale of vehicles, provided there are no retail sales or repair, and the vehicles are stored within a building. Associated activities, such as packaging and crating, and incidental loading facilities and management offices are included. (§ 2, Ord. 1706-NS, eff. December 2, 2022)
“Wireless communications facility” is any structure which transmits and/or receives radio frequency signals. It includes antennas, towers, poles, equipment shelters, support structures and other equipment for the transmission and receipt of signals that enable people to communicate independent of location. This includes the current technologies of cellular communications and personal communications services. It does not include non-commercial antennas, radio and television signals, and non-commercial satellite dishes.
(§ 1, Ord. 1292-NS, eff. August 28, 1997)
“Yard” shall mean an open space, other than a court, on a lot, which space is unoccupied and unobstructed from the ground upward, except as otherwise expressly provided in this chapter.
(§ 8170.75, T.O.O.C., as renumbered by § XIX, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Yard, Front” shall mean a yard extending between the side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
(§ 8170.76, T.O.O.C., as renumbered by § XIX, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Yard, Rear” shall mean a yard extending across the rear of the lot between the inner side lot lines, which yard is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.
(§ 8170.77, T.O.O.C., as renumbered by § XIX, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
“Yard, Side” shall mean a yard extending from the front yard, or front lot line where no front yard is required, to the rear yard, and the width of the required side yard shall be measured horizontally from the nearest part of the side lot line.
(§ 8170.78. T.O.O.C., as renumbered by § XIX, Ord. 149-NS, eff. May 7, 1970, § II, Ord. 166-NS, eff. September 24, 1970, § IV, Ord. 563-NS, eff. March 18, 1976, § I, Ord. 772-NS, eff. March 5, 1981, § 1, Ord. 980-NS, eff. November 3, 1987, and § II, Ord. 1108-NS, eff. June 20, 1991)
(§§ 3 - 11, Ord. 1547-NS, eff. January 12, 2011, amended by §§ 1 - 4, Ord. 1554-NS, eff. May 13, 2011, and amended by Part 3, Ord. 1678-NS, eff. February 28, 2020)