Chapter 17.120 DEFINITIONS (2024)

Division 8. Definitions

Chapter 17.120
DEFINITIONS

Sections:

17.120.010"A" definitions.

17.120.020"B" definitions.

17.120.030"C" definitions.

17.120.040"D" definitions.

17.120.050"E" definitions.

17.120.060"F" definitions.

17.120.070"G" definitions.

17.120.080"H" definitions.

17.120.090"I" definitions.

17.120.100"J" definitions.

17.120.110"K" definitions.

17.120.120"L" definitions.

17.120.130"M" definitions.

17.120.140"N" definitions.

17.120.150"O" definitions.

17.120.160"P" definitions.

17.120.170"Q" definitions.

17.120.180"R" definitions.

17.120.190"S" definitions.

17.120.200"T" definitions.

17.120.210"U" definitions.

17.120.220"V" definitions.

17.120.230"W" definitions.

17.120.240"X" definitions.

17.120.250"Y" definitions.

17.120.260"Z" definitions.

17.120.010 "A" definitions.

"Abandonment" means the cessation of the use of the property for a period of twelve months or more.

"Abatement" means eliminating a zoning violation.

"Abut" means to physically touch or border upon; or to share a common property line.

"Access" means the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property, parcel or natural feature or use as required by this title.

Access Way. See "Access."

Accessory Dwelling Unit (ADU).

"Accessory dwelling unit (ADU)" means an attached or detached residential dwelling unit, on the same parcel as the principal dwelling, which provides complete independent living facility for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation as may be amended by the California Government Code.

"Junior accessory dwelling unit (JADU)" means an accessory dwelling unit that is located entirely within a detached single unit dwelling that shall meet the requirements in Division 4 (Standards for Specific Land Uses), as may be amended by the California Government Code.

"Accessory structure" means a structure (i.e., carport, garage, storage shed, barns, workshop) that is clearly incidental, related, secondary, and subordinate to a primary structure. The accessory structure shall contain no kitchen and shall not change the character of the primary structure. All accessory structures shall be constructed with, or after, the construction of the primary structure. For accessory dwelling unit, see "Accessory dwelling unit (ADU)."

"Accessory use" means a use that is clearly accessory, incidental, and secondary to the primary use of the land, or any use that is determined by the director to be customarily part of or related to the primary use of the land but does not change the character of the primary use or primary structure. Does not include the storage of building materials and construction equipment. See "Contractor storage yard."

"Acre" means a land area unit containing forty-three thousand five hundred sixty square feet.

"Addition" means any construction which increases the size of an existing building (i.e., porch, attached garage or carport, new room). An addition is a form of alteration.

"Adjacent" means near, close, or abutting (i.e., an industrial zone across a street or highway from a residential zone).

Adjoin. See "Abut."

Adult Oriented Business. See Chapter 9.20, Adult Oriented Business, Section 9.20.040.

"Advertising structure" means any notice or advertisement, pictorial or otherwise, and all 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 the advertising structure.

"Aesthetic" means the perception of artistic elements, or elements in the natural or manmade environment, which are pleasing to the eye.

"Agricultural processing" means a facility engaged in the refinement, treatment, or conversion of agricultural products. Illustrative examples of agricultural processing include packing sheds, fruit dehydrators, feed grain and flower mills, 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 the products are produced on the premises, including all uses customarily incidental thereto, but not including a slaughterhouse, 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. This use is further categorized by size, as follows:

"Agricultural processing, large" means a processing facility exceeding five thousand square feet.

"Agricultural processing, small" means a processing facility five thousand square feet or less.

"Agricultural use" means 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.

"Agriculture" means the practice of farming, including 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.

"Agriculture, animal husbandry" means the raising, breeding, and care of farm animals (e.g., cattle, horses, goats, sheep, chickens, hogs, rabbits, birds) as a commercial agricultural venture or minor occupation.

"Agriculture, dairies" means an agricultural establishment raising large animals for the primary purpose of milking, including cattle, goats, and sheep.

"Agriculture, horticulture" means agricultural crops, fruit trees, hay crops, nurseries for producing trees, vines and other horticultural stock, orchards, pasture crops, nut trees, row crops, vineyards, and other plant crops. Horticulture activities exclude marijuana and hemp cultivation.

"Agriculture service establishment" means an agriculturally oriented establishment which provides support service to agricultural operations including the following: agricultural laboratory services, farm machinery and equipment repair (excluding trucks and other motor vehicles), irrigation equipment sales and repair, equestrian supplies, large animal veterinary practices, farm management offices, and similar support services as determined by the director.

"Airport" means a complex of runways and buildings regulated by the Federal Aviation Administration for the takeoff, landing, and maintenance of civil aircraft, with facilities for passengers.

"Aisle" means the traveled way by which cars enter and depart parking spaces.

"Alcoholic beverage sales" means any retail activity which includes the sale or dispensing of alcoholic beverages for either on-site or off-site consumption. Alcoholic beverage sales shall include those beverages requiring licensing for sale or dispensing by the California State Department of Alcoholic Beverage Control.

"Alley" means a public or private thoroughfare which affords a secondary means of access to abutting property and not intended for general traffic circulation.

Alteration. See "Structural alteration."

Altered. See "Structural alteration."

"Ambulance service" means a commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies.

"Ambulatory person" means a person who is able to walk unassisted; a patient who is not bedridden.

"Amendment" means a change in the wording, context, or substance of this title, an addition or deletion, or a change in zone boundaries or classifications upon the zoning map which imposes any regulation not theretofore imposed or removes or modifies any regulation theretofore imposed.

Animal Hospital. See "Veterinary clinic."

"Annexation" means the incorporation of land into the city with a resulting change in the boundaries of the city.

"Antenna" means a device used in communication which transmits or receives radio signals. Common forms of antennas are panel arrays and whip antennas. Panel arrays are designed to concentrate a radio signal in a particular area and are typically flat and rectangular in design. Whip antennas transmit a signal three hundred sixty degrees and are cylindrical with an eighteen-foot height limit.

"Antenna, dish" means a dish-like antenna used to link communication sites together by wireless transmission of voices or data. Also called microwave antenna or microwave dish antenna.

"Antenna, satellite" means a dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.

"Antenna, telecommunication facility" means a land use facility supporting antennas and microwave dishes that sends and/or receives radio-frequency signals. Communication facilities include structures (e.g., monopoles, towers) and accessory structures.

"Antenna, telecommunication tower" means a mast, pole, monopole or guyed or lattice, freestanding tower designed and primarily used to support antennas, to include dishes, arrays, or similar devices.

"Antique" means items of furniture or furnishings, utensils, equipment, objects of art, objects having aesthetic value, ornamental objects, curios and like objects of personal value, all of which by reason of age, antiquity, obsolescence, or rarity, are valued items, as opposed to the utility, value, or purpose for which originally manufactured or produced. An antique shall have an age of at least forty years.

"Apartment" means a room or suite of two or more rooms with a single kitchen in a multifamily dwelling, occupied or suitable for occupancy as a residence for one family.

"Applicant" means a person submitting an application for an entitlement or permit in compliance with this title.

"Arterial street" means a major street which provides for through traffic movement on a continuous route joining major traffic generators, other arterials, expressways, and freeways.

"Assessor" means the county assessor of the county of Fresno.

Assisted Living Facility. See "Community care facility."

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

"Athletic club" means a membership facility that provides indoor and outdoor recreation (i.e., outdoor pools, tennis courts), exercise classes and courses, and health and lifestyle training for members who belong to the organization.

"Attached" means two structures which are structurally integrated with each other by supporting members.

"Auction establishment" means indoor or outdoor facilities devoted to the sale of property (i.e., merchandise, vehicles, etc.) to bidders under the supervision of an agent or entity.

"Auto mall" means a group of ten or more commercial land uses engaged in the sale and service of motor vehicles, planned and developed in a joint manner covering an area of ninety acres or more.

"Automated vending and dispensing machine" means computerized, self-service machines, and self-contained appliance, machine, or mechanical device located outside or in a nonenclosed space used to dispense a retail product or service. Examples of automated vending and dispensing machines include but are not limited to canned or bottled beverage dispensers, ice machines, filtered water dispensers, and/or ice machines, occupying an aggregate area of no more than fifty square feet.

Automobile Repairs, Major. See "Vehicle repair and service."

Automobile Repairs, Minor. See "Vehicle repair and service."

Automobile Sales. See "Vehicle sales, new and used."

Automobile Service Station. See "Fueling station."

Automobile Wrecking Yard. See "Industrial, major." (Ord. 24-01 §2(Exh. A-1)).

17.120.020 "B" definitions.

Bakery, Retail. See "Retail sales, general."

"Bank and financial institution" means commercial establishment, including a federally chartered bank, savings and loan association, industrial loan company, or credit union, that provides retail banking services to individuals and businesses. Excludes payday lending and/or check cashing businesses.

Banquet Hall. See "Place of assembly."

"Bar" means a commercial establishment or part of an establishment devoted to the sale and on-site consumption of alcoholic beverages. This establishment may be a singular use, or in combination with other allowable uses (e.g., a restaurant).

"Barbed wire" means wire for fences or barriers having sharp barbs or points of metal twisted into smooth wire at regular intervals.

"Basement" means a story partly or wholly underground. A basement shall be counted as a story for purpose of height measurement where more than one-half of its height is above the average level of the adjoining ground.

Beauty College. See "School, technical and vocational."

"Bed and breakfast establishment" means a commercial use within a residential dwelling, where six or fewer rooms or suites located in the principal dwelling provide overnight sleeping and breakfast accommodations available to the public for hire on an overnight or limited term basis with a thirty-day maximum stay. The use may also include a continental breakfast if limited to guests.

"Beekeeping" means the keeping and maintenance of a collection of hives or colonies of bees. Also known as "apiary."

"Bicycle rack" means a fixed or immovable device or series of devices which permit nonmotorized bicycles to be stood upright and secured from theft.

Bicycle Shop. See "Retail sales, general."

Billboard. See "Advertising structure."

Blacksmith. See "Industrial, minor."

"Block" means all property fronting on one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, dead-end street, end of a cul-de-sac, or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. Where the city-county boundary intersects or intercepts a street in a block, the block shall be considered to end at the city-county boundary.

Block Frontage. See "Block."

"Boarding house" means a dwelling other than a hotel, motel, emergency shelter, group housing facility, rest home, or bed and breakfast inn, where lodging is provided with or without meals for three or more persons for compensation, but not more than fifteen people.

"Body art" includes the adornment of a physical body by means of tattooing, body piercing, or permanent cosmetics.

Bookstore. See "Retail sales, general."

Bookstore, Adult. See Chapter 9.20, Adult Oriented Business, Section 9.20.040.

"Botanica" means an establishment that sells herbal and other traditional remedies, together with charms, incense, candles, or other items used as alternative medicine, for religious or spiritual purposes. Establishment may also include palm and card readings and other forms of religious or spiritual services to include those described as restricted personal care.

"Breezeway" means a roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site.

Brewery, Distillery, Microbrewery, and Winery.

"Brewery" means establishments where malt beverages are manufactured on the premises.

"Distillery" means establishments where distilled spirits are manufactured on the premises.

"Winery" means a bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale/retail sales of wine produced and bottled on the premises. Accessory uses include tasting rooms and incidental retail sales of wine-related products, including but not limited to glasses, bottle openers, advertisements, and previously prepared packaged foods.

"Broadcasting and film recording studio" means commercial and public communication establishment that broadcasts or records radio, motion picture, film, television, and other digital productions entirely within a structure. Does not include transmission and receiving apparatus (i.e., antennas and towers), which are included under the definition of "Wireless telecommunications facilities."

"Buildable area" means area of a parcel left for structures when all the development standards and setback requirements have been met.

"Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature, but shall not include temporary buildings as defined in "Structure, temporary." Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings. Temporary structures (e.g., tents) are not buildings, but houses, garages, factories, barns, etc., are.

Building, Accessory. See "Accessory structure."

"Building coverage" means the relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space shall not constitute a building for the purpose of this definition.

"Building height" means the vertical distance of a building measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof, exclusive of chimneys and ventilators.

"Building, main" means a building or buildings within which is conducted the principal use of the parcel on which it is situated.

"Building material sales and storage" means indoor and/or outdoor retail establishment selling hardware, tools, appliances, lumber and other building materials, plants, and other landscaping materials. May also include the rental of tools and equipment used in the building trades.

"Building setback line" means a development standard which establishes buildable and nonbuildable areas. The building setback line will often be a specific distance from a natural feature (i.e., a creek or stream), property line or a right-of-way line on a parcel map, subdivision map, or follow a contour line on a topographic map. This line is used to separate conflicting uses, provide a buffer, or protect a resource.

"Building site" means the ground area of a building together with all the open space required by this title. A building site may encompass more than one parcel.

Building, Temporary. See "Structure, temporary."

Bungalow Court. See "Multi-unit dwelling."

Business. See "Commerce."

Business, Retail. See "Retail sales, general."

Business, Wholesale. See "Warehousing and distribution facility." (Ord. 24-01 §2(Exh. A-1)).

17.120.030 "C" definitions.

"California Environmental Quality Act (CEQA)" means a state law which requires local and state agencies to determine the potential environmental impacts of a proposed project.

"Camper" means a structure designed and constructed to be mounted on a vehicle with motive power to travel on the public thoroughfare, and to be used for temporary human habitation.

"Campground" means a commercial establishment providing spaces and facilities for the temporary placement of tents, travel trailers, motor homes, and other recreational vehicles for recreational use and overnight lodging. May also include an on-site accessory retail establishment that directly serves the needs of guests.

"Car wash" means a facility having the following definitions:

"Drive-through" means a facility that provides for washing of vehicles 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 allowed in conjunction with and subordinated to a fueling station. It shall not be allowed as a sole or primary use of property in any zone.

"Mechanical" means a facility that provides for the washing of vehicles through the use of mechanical equipment (e.g., conveyor chains, blowers, steam guns, roller brushes, and high-pressure vacuum units). The customer exits the vehicle and waits for the attendant to complete the washing, cleaning, and driving of the vehicle. This car wash has a waiting area for the customer and a designated finishing and/or detailing area to complete the car care service.

"Self-service" means a facility that provides vehicle washing to be done by the customer. There are no employees other than service people who check and maintain the equipment, open and close the facility, and provide general supervision of the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units, and a one-horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.

"Card room" means a commercial establishment where legal gambling and/or gaming is conducted.

"Caretaker’s residence" means a residence that is accessory to a nonresidential primary use and that is used for security, twenty-four-hour care or supervision, or monitoring facilities, equipment, or other conditions on the site.

"Carport" means a permanent roofed structure, or a portion of a building, enclosed on not more than three sides primarily for the parking of vehicles belonging to the occupants of the property.

"Cemetery" means a facility dedicated to the burial of the dead, including crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the premises.

"Certificate of occupancy" means a document issued by the building director 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 of use" means any use which substantially differs from the previous use of a building or land. The director shall determine whether a change is substantial or not. Change of ownership shall not be considered a change of use.

Chapel. See "Place of assembly."

"Child day care home" means a single-unit dwelling used by the occupant to provide day care and supervision for up to fourteen children in compliance with Health and Safety Code Section 1597.465. Children under the age of ten years who reside in the home count as a part of the fourteen-child maximum.

Childcare Center. See "Day care center."

Childcare Facilities. See "Day care center."

"Childcare provider" means a person who operates a day care center, large family day care home or small family day care home and who is licensed for operations by the state Department of Social Services.

Church. See "Place of assembly."

"City" means the city of Kerman.

"City manager" means the city manager of the city of Kerman or the designee or designees of the city manager.

Clear Vision Triangle. See "Sight distance triangle."

Clinic. See "Office, medical."

Clothes Cleaning and Dyeing Plant. See "Industrial, minor."

"Club" means an association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render service carried on as a business for profit.

Cocktail Lounge. See "Bar."

"Coin-operated cleaning service" means any premises with coin-operated dry cleaning machines with a capacity not to exceed eight pounds, using nonvolatile materials to provide a retail service similar to that provided at a self-service launderette.

College, Trade. See "School, technical and vocational."

"Columbarium" means a structure of vaults lined with recesses for cinerary urns.

"Commerce" means the purchase, sale or other transaction involving the handling or disposition (other than that included in term "Industry") 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.

Commercial Office. See "Office."

Commercial Recreation and Entertainment Facility.

"Commercial recreation and entertainment facility, indoor" means an indoor establishment where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Does not include adult entertainment businesses or bars. Illustrative examples of commercial recreation and entertainment use include:

Arcade

Indoor cinema and amphitheater

Axe throwing or indoor archery

Indoor ice/roller skating rink

Bowling alley

Pool and billiard room

"Commercial recreation and entertainment facility, outdoor" means outdoor establishments where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Does not include adult entertainment businesses or bars. Illustrative examples of commercial recreation and entertainment use include:

Amusement park

Outdoor ice/roller skating rinks

Golf course and driving range

Paint ball course

Miniature golf course

Sports stadium and arena

Outdoor cinema and amphitheater

Tennis/racquetball court

"Commission" means the planning commission of the city of Kerman.

Communication Equipment Buildings. See "Utility facility and infrastructure."

"Community care facility" means any facility, place or building which is maintained and operated to provide nonmedical residential care, emergency shelters, adult day care, or home-finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons. "Community care facility" shall include residential facility, residential care facility for the elderly, adult day care facility, home finding agency, and social rehabilitation facility, as defined in Section 1502 of the Health and Safety Code, and includes the following:

1.Adult Residential Facility. Provides twenty-four-hour-a-day nonmedical care and supervision to adults who are mentally disordered or otherwise handicapped except elderly persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

2.Residential Care Facility for the Elderly. A group housing arrangement chosen voluntarily by residents who are at least sixty-two years of age and who are provided varying levels of supportive services of care, as agreed upon at the time of admission, based upon their varying needs.

3.Rehabilitation Facility. Provides twenty-four-hour-a-day nonmedical care and supervision in a group setting to adults and/or emancipated minors recovering from alcohol and/or drug misuse, who are currently or potentially capable of meeting their life support needs independently; but who temporarily need assistance, guidance, and counseling.

4.Foster Family Home. Any residential facility providing twenty-four-hour care for six or fewer foster 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. Such placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents or guardian.

"Adult day care facility" means a facility that provides care to persons eighteen years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis.

"Child therapeutic day services facility" means a facility that provides care, counseling, educational or vocational support, or social rehabilitation services on less than a twenty-four-hour basis to persons under eighteen years of age who would otherwise be placed in foster care or who are returning to families from foster care.

"Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

"Community plan" means a refinement of the general plan for a component geographic area of the general plan. A community plan shall advance the provisions of the general plan to a more precise level of detail and shall contain goals, policies, maps, and standards that implement the recommendations of the general plan. A community plan shall contain those plan elements which are essential to the implementation of the general plan and may contain additional components, including specific plans, which are necessary to the development of the goals, policies, and standards for the community plan area. A community plan shall be adopted, amended, or repealed by resolution of the council upon the recommendation of the commission.

Community Sewer System. See "Public sewer system."

"Community treatment facility" means a facility that provides care and mental health treatment services to children in a group setting. Program components shall be subject to program standards developed by the state Department of Mental Health.

"Foster home" means a facility that provides twenty-four-hour care for foster children which is owned, leased, or rented and is the residence of the foster parent(s), including their family, in whose care the foster children have been placed.

"Residential care facility" means a group care facility for twenty-four-hour 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. Includes residential care facilities for the elderly, assisted living establishments, and memory care for both short- and long-term care.

"Social rehabilitation facility" means a residential facility which provides social rehabilitation services for no longer than eighteen months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling.

"Concertina wire" means any barbed physical barrier or obstacle that is manufactured from steel strip or tape and converted from a helical pattern by attaching alternate adjacent loops at multiple points around the circumference, so that when the coil is extended, instead of a simple helix, a series of diamond shape openings are present.

Condominium. See "Multi-unit dwellings."

"Conflict of interest" means a situation when the personal interest of a public official places them in a position where he or she cannot execute their public duties without affecting their private interests, thus denying the public the fair, impartial, and objective judgment to which it is entitled.

"Conservatory" means a school specializing in one of the fine arts.

Contiguous. See "Abut."

"Contractor storage yard" means a facility which provides storage for a contractor licensed by the state for large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses, including, but not limited to, offices and repair facilities. Excludes junk yard.

Convalescent Home. See "Community care facility."

Convenience Store. See "Retail sales, general."

"Conversion" means a change in the use of land, structure, or activity.

"Conviction" means a finding of guilty by a jury or court, or a plea of guilty or nolo contendere.

Corner Cut-Off. See "Sight distance triangle."

"Cottage food operation" means as defined in California Health and Safety Code Section 113758(a).

"Council" means the city council of the city of Kerman.

"Country club" means any occupancy by an association of persons (whether or not incorporated) with a permanently located building primarily for social activities and a combination of recreational facilities (e.g., a golf course, or swimming pool, or tennis court), and commercial or noncommercial incidental or accessory uses.

"County" means the county of Fresno.

"County recorder" means the county recorder of the county of Fresno.

"Court" means an open, unoccupied space, other than a yard, on the same parcel with a building or buildings and bounded on two or more sides by buildings.

"Court, enclosed" means a court surrounded on all sides by exterior walls of a building and parcel lines on which fences, hedges and walls are allowed.

"Court, inner" means a court enclosed on all sides by the exterior walls of a building or buildings.

Coverage. See "Parcel coverage."

Cul-De-Sac. See "Parcel, cul-de-sac."

"Curb level" means the level of the established curb at the center or the front of the building. Where no curb level has been established, the city engineer shall establish a curb level or its equivalent for the purpose of this title. (Ord. 24-01 §2(Exh. A-1)).

17.120.040 "D" definitions.

"Day care center" means acommercial facility that provides nonmedical care and supervision of minor children for periods of less than twenty-four hours; including the following subtypes, all of which are required to be licensed by the state Department of Social Services:

"Day care center, accessory use" means a day care facility that is operated in conjunction with a business, school, housing development, or religious facility. Includes infant centers, preschools, and extended child day care facility.

"Day care center, primary use" means a standalone day care facility not operated as a child day care home or accessory day care center. Includes infant centers, preschools, and extended child day care facility.

Day Care, Large. See "Child day care home."

Day Care, Small. See "Child day care home."

Day Spa and Salon. See "Personal service, general" and "Personal service, restricted."

"Dedication" means a gift or donation of property by the owner to another party.

"Density" means the maximum number of dwelling units allowed per a specified area of land.

"Density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

Department Store. See "Retail sales, general."

"Detached" means not sharing a common wall or roof.

"Developer" means the legal or beneficial owner or owners of a parcel 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 the land.

"Development" means 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 title.

"Development plan" means (A) a site plan depicting building locations, internal circulation including pedestrian and bicycle pathways, parking, required public dedications and improvements, signs and advertising structures, and all proposed public amenities outside of buildings; (B) elevations of all sides of all proposed buildings, including materials and colors to be used on all facades; (C) floor plans for every building stating all proposed uses and their square footages; and (D) a landscape plan depicting species, size at time of planting, and location of all plants and trees.

"Development standard" means those development requirements of each zone or overlays which apply to allowable uses by setting forth minimum requirements or specifications for parcel dimensions, setbacks, and height limits; amount of land covered by buildings and structures; animal densities; parking and signs. A development standard can only be modified by a variance or zoning ordinance amendment.

"Director" means the director of planning and development services of the city of Kerman.

District. See "Zone."

"Division" refers to the operating divisions within the department, e.g., planning, building, and engineering divisions.

"Dormitory" means a building intended or used principally for sleeping accommodations, where the building is related to an educational or public institution, including places of assembly, fraternities, and sororities.

Drainage Channel. See "Drainageway."

"Drainageway" means any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.

"Drive-through sales and service" means facilities where products and services are purchased by or distributed to patrons without leaving their vehicles. These facilities include, but are not limited to, pharmacies, ATMS, banks, photo stores, and other retail or service commercial uses.

"Driveway" means any vehicular access to an off-street parking or loading facility.

Drug Store. See "Retail sales, general."

Drug Store, Super. See "Retail sales, general."

"Dump" means a place used for the disposal, abandonment or discarding by burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, rubble, waste material, offal, or dead animals. Dumps shall not involve any industrial or commercial process.

Duplex. See "Two-unit dwelling."

Dwelling. See "Multi-unit dwelling" and/or "Single-unit dwelling."

Dwelling Group. See "Multi-unit dwelling" and/or "Single-unit dwelling." (Ord. 24-01 §2(Exh. A-1)).

17.120.050 "E" definitions.

"Easement" means a grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

"Eave" means the projecting lower edges of a roof overhanging the wall of a building.

Educational Institution. See "School."

"Egress" means a point of vehicle exit from a parking area, parcel, garage or driveway.

Electrical Distribution and Transmission Substation. See "Utility facility and infrastructure."

"Electric vehicle charging station" or "charging station" means an electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

"Electronic submittal" means the submittal of the application utilizing electronic mail, the internet, or facsimile.

"Emergency shelter" means temporary housing, including interim intervention facilities, with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay as defined and used in Section 508019 of the California Health and Safety Code.

"Eminent domain" means the right of a government unit to take private property for public use with appropriate compensation to the owner.

"Employee housing" means housing for six or fewer employees in a single unit dwelling in zones where single unit dwellings are allowed. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies the employee housing differs in any way from a dwelling and shall not constitute a change in occupancy for purposes of local building codes. Additionally, employee housing shall not be subject to any fees to which other dwellings of the same type in the same zone are not likewise subject.

"Equipment sales and rental facility" means a service establishment with or without outdoor storage/rental yards, which offers a wide variety of equipment types, including construction equipment.

"Essential service" means the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead electrical, gas, steam, water transmission or distribution systems, collection, communication, supplying, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by public utilities or municipal governments or commissions, or for the public health or safety or general welfare.

"Event venue" means a building used for the hosting of weddings, conferences, galas, and other similar celebratory events. An event venue may include outdoor use of an area including decks or patios. Such use may include an area for catering preparation and storage but may not contain a commercial kitchen for cooking.

Expressway. See "Freeway." (Ord. 24-01 §2(Exh. A-1)).

17.120.060 "F" definitions.

"Fabrication" means the manufacturing from standardized parts of a distinct object differing from the individual components.

"Factory" means a building in which semi-finished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed.

Factory-Built Housing. See "Mobile/manufactured home."

"Family" means one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a hotel, club, fraternity, or sorority house. The family shall be deemed to include necessary servants.

Family Care Home. See "Community care facility."

Farm Labor Quarters. See "Employee housing."

"Farmers market" means a temporary commercial use at which small commodities and food items are sold by persons who typically grow, harvest, or process products offered for sale directly on their farm or agricultural operation.

Farmworker Housing. See "Employee housing."

"Federal" means the government of the United States of America.

"Feed lot" means a parcel, or portion of a parcel, used for the enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm.

Feed Yard. See "Feed lot."

Fence. See "Wall."

Filling Station. See "Fueling station."

"Firearm" means a weapon, especially a pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.

"Fishery" means any premises upon which breeding, hatching, or fish rearing facilities are situated when the premises are required to have a license by the State Fish and Game Code, including ponds for commercial use.

"Floodplain" means the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.

"Floodplain, primary" means the area within the designated floodway.

"Floodplain, secondary" means the area of the floodplain outside of the primary floodplain, that on the average is likely to be flooded once every one hundred years (i.e., that has a one percent chance of flood occurrence in any one year).

"Floodway, designated" means a stream, channel and portions of the adjacent floodplain as reasonably required to efficiently carry the flood of the stream; and on which properties special regulations are necessary for minimum protection of the public health, safety, and of property and improvements from hazards and damage resulting from floodwaters.

"Floor area, gross" means 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" means 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 (FAR)" means the ratio of gross building floor area to total parcel area. Example: two square feet of gross floor area for each three square feet of total parcel area would result in a floor area ratio of 2:3.

"Food commissary" means an establishment where food is stored, prepared, portioned, and/or packaged, where the food is intended for consumption at another establishment or place.

"Foot-candle" means a measurement unit used in determining lighting levels.

Foster Family Home. See "Community care facility."

"Fowl" means a bird of any kind, cock, hen of the domestic or domesticated or wild gallinaceous bird (turkey, pheasant, and grouse).

"Freeway" means a divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. For the purposes of this title, the word "freeway" shall include expressway.

"Frontage street" means roads which parallel freeways, expressways, or important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.

"Front wall" means the wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features, as cornices, canopies, eaves or embellishments.

"Fueling station" means a commercial facility that sells gasoline, diesel, or alternative fuel for the on-site fueling of individual motor vehicles. May include incidental "minor" maintenance and repair (i.e., battery charging and tire changing and repair) of automobiles and light duty trucks, vans, or similar size motor vehicles. May also include a convenience store operated by the service station owner.

Funeral Home. See "Mortuary."

"Furrier" means the retail sales of fur garments and the provision of related services. The use may include the retail sales of related merchandise, including but not limited to garments and accessories comprised of materials other than fur; provided, that the display of the related merchandise shall not exceed twenty-five percent of the sales floor area. Related services provided by furriers are designed to provide support to the customers of the retail sales and may include, but are not limited to, custom alterations, repairs, cleaning and storing of fur garments. (Ord. 24-01 §2(Exh. A-1)).

17.120.070 "G" definitions.

Game Rooms/Amusement Arcades. See "Commercial recreation and entertainment facility, indoor."

"Garage, private" means a detached accessory building or a portion of a main building on the same parcel for the parking or temporary storage of vehicles of the occupants of the premises.

"Garage, public" means any garage other than a private garage.

Garage, Repair. See "Vehicle repair and service."

"Garage, residential" means an accessible and usable covered and completely enclosed space of not less than ten by twenty feet per vehicle for storage of automobiles.

"Garage sale" means any sale, conducted on premises within a residential zone upon which is located a dwelling, by any occupant of the dwelling, of any personal property which is owned and has been used by the occupant. May not last more than three consecutive days and may not exceed a total of six days per calendar year. 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, storage" means any premises used exclusively for the storage of vehicles.

"General plan" means 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 Section 6500, of the California Government Code), 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" means a harsh dazzling light.

Golf Course. See "Commercial recreation and entertainment facility, outdoor."

"Government agency" means any department, commission, independent agency or instrumentality of the United States, the state of California, the county of Fresno, the city, or any special district, authority, or other governmental agency which may have jurisdiction or provide services to the city of Kerman.

"Grade" means the gradient, the rate of incline or decline expressed as a percent, e.g., a rise of twenty-five feet in a horizontal distance of one hundred feet would be expressed as a grade of twenty-five percent (see also "Slope").

"Green building" means the practice of increasing the efficiency with which buildings use resources--energy, water, and materials--while reducing building impacts on human health and the environment during the building’s life cycle, through better siting, design, construction, operation, maintenance, and removal. Green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment.

Greenhouse. See "Accessory use and structure."

"Gross area" means the total horizontal area within the parcel lines of a parcel of land before public streets, or other areas to be dedicated or reserved for public use are deducted from the parcel.

"Group home" means a facility which provides twenty-four-hour care and supervision to children, provides services specified in this chapter to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section 17736(b). Since small family and foster family homes, by definition, care for six or fewer children only, any facility providing twenty-four-hour care for seven or more children must be licensed as a group home.

Group Housing Facility. See "Group home."

"Guest" means any transient person who occupies a room for sleeping purposes.

"Guest house" means a detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main building on the parcel on which the guest house is located, and not rented or otherwise used as a separate dwelling. Guest houses shall not have a net floor area greater than six hundred forty square feet.

"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, not including dormitories.

Gunsmith. See "Retail sales, restricted." (Ord. 24-01 §2(Exh. A-1)).

17.120.080 "H" definitions.

Height, Maximum. See "Maximum height."

"Heliport" means any area of land, water or a structure which is used or intended for use for the landing and taking off of helicopters.

"High-rise buildings" means a building or structure which exceeds seventy-five feet in height above the lowest level of fire department vehicle access.

Home for the Aged. See "Rest home."

Home Improvement Center. See "Retail sales, general."

"Home occupation" means an accessory use of a dwelling unit conducted entirely within the dwelling unit, and carried on by one or more persons, all of whom reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling and does not change the dwelling unit’s character or adversely affect the uses allowed in the residential zone of which it is part.

"Homeowners association (HOA)" means a community association which is organized in a development, in which individual owners share common interests in open space or facilities.

"Hospital" means a facility providing medical, physical, psychiatric, or surgical services on a twenty-four-hour basis for sick or injured persons primarily on an in-patient basis and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and ancillary services to patients, employees, or visitors (i.e., cafeteria, gift/flower shop, waiting rooms, etc.).

"Hotel/motel" means a facility with guest rooms or suites, provided with or without kitchen facilities, rented to the public for transient lodging for up to one month, excluding hourly lodging. A hotel typically provides access to most guest rooms from an interior walkway, and typically includes a variety of services in addition to lodging, including meeting facilities, personal services, meeting/banquet rooms, and restaurants. A motel typically provides access to guest rooms from an exterior walkway and may include accessory guest facilities (e.g., accessory retail uses, indoor athletic facilities, and swimming pools). Does not include group housing facilities, emergency shelters, community care facilities, or rooming or boarding facilities.

"Household pet" means animals, birds, or fowl ordinarily allowed in a dwelling and kept only for the pleasure and enjoyment of the occupants, not being kept or raised for meat, eggs, milk, hides, fur, fiber, or feathers. Household pets shall not include horses, cows, goats, sheep, nor other equine, bovine, ovine or ruminant animals; predatory wild animals; chickens, roosters, ducks, geese, turkeys, game birds or fowl which normally constitute an agricultural use; nor pigs, except for potbellied pigs. The keeping of household pets or other animals is lawful only in those zones where the use is listed as an allowed use. Not more than four household pets are allowed per dwelling unit. (Ord. 24-01 §2(Exh. A-1)).

17.120.090 "I" definitions.

"Incidental" means secondary, accessory and subordinate to another use, structure or activity.

"Industrial" means an establishment engaged in the manufacturing of finished parts or products, either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, storage/warehousing, incidental office space, sales, and distribution of the parts or products. Excludes vehicle/equipment rentals, vehicle repair and service, vehicle sales.

"Industrial, major" means the manufacturing, processing, storing, and/or testing of goods using large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output. Major industrial uses often sell products to other businesses rather than consumers. Characteristics of major industrial uses include, but are not limited to, heavy trucking activity, noise, emissions requiring federal or state environmental permits, use of large quantities of raw materials. Examples of major industrial uses include chemical manufacturing, automotive dismantling, sheet metal fabrication, glass product manufacturing, paving and roofing materials manufacturing, plastics, other synthetics and rubber product manufacturing, primary metals industries, pulp and pulp paper product manufacturing, textile and leather product manufacturing, metal processing, and assembly and manufacturing of vehicle and/or vessels.

"Industrial, minor" means the manufacturing, processing, storing, and/or testing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, noise, or other environmental effects, and that has limited associated trucking activity. Minor industries generally require limited amounts of raw materials to produce goods. Examples of minor industrial uses include artisan/craft product manufacturing, bottling plant, clothing and fabric product manufacturing, electronics, equipment and appliance manufacturing, handcraft industries, small-scale manufacturing, clothes cleaning and dyeing plant, paper product manufacturing, machine shop, cabinet shop, and assembly of small electronics and medical equipment.

Industrial Park. See "Planned industrial park."

"Industry" means the manufacture, fabrication, processing, reduction and/or destruction of any article, substance or commodity, including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

"Infectious nonclinical laboratory" means any laboratory facility other than a Clinical Laboratory Improvement Amendments (CLIA) as defined by 42 USC Section 263(a) and not subject to 42 CFR 493 CLIA regulations, engaging in the research, examination, or handling of infectious biological agents, substances, or vectors as defined by 42 CFR 71.54.

"Infill" means development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process.

"Infrastructure" means 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 (e.g., fire stations, parks, schools).

"Ingress" means a point of vehicle entrance to a parking area, parcel, garage or driveway.

"Interim agriculture" means the tilling of the soil for the raising of grains, crops, orchards, horticulture and/or viticulture. Interim agriculture shall not include small livestock farming, dairying and/or animal husbandry, nor any other uses customarily incidental thereto such as slaughterhouses, fertilizer yards, or rendering plants.

"Interior court, residential" means the open area between residential structures.

Interior Lot. See "Parcel, interior."

"Island" means built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signs, or lighting. (Ord. 24-01 §2(Exh. A-1)).

17.120.100 "J" definitions.

"Junk" means any worn-out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and, without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.

Junkyard. See "Scrap and dismantling yard." (Ord. 24-01 §2(Exh. A-1)).

17.120.110 "K" definitions.

"Kennel" means a commercial facility where dogs, cats, or other small, domesticated animals are kept, whether keeping is for profit, breeding, or exhibiting, including places where the animals are boarded, kept for sale or hire. May also include daytime boarding and activity for animals (e.g., "doggie day care") and ancillary grooming facility.

"Kitchen" means any room in a building or dwelling unit which is used for cooking or preparation of food. (Ord. 24-01 §2(Exh. A-1)).

17.120.120 "L" definitions.

Labor Camp, Farm. See "Employee housing."

"Landscape mound" means any location on a parcel of land where dirt, soil, topsoil, or pile of earth is placed, or otherwise elevated, above grade of surrounding land for any decorative architectural purpose.

"Landscaping" means the planting and continued maintenance of suitable plant materials or a combination of plant materials within minimum areas of paving, gravel, otherwise dust-free. An adequate irrigation system is required.

"Landscaping, screen" means the planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six feet in height, composed of materials selected from the city’s list of acceptable screen landscaping plant materials. The minimum size of materials planted shall be specified on the city list. An adequate irrigation system is required.

"Launderette" means a business premises equipped with individual clothes washing and drying machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

Laundromat. See "Personal service, general."

"Loading" means the removal or placement of any commodity in, on, or from a vehicle of any type.

"Loading space" means an off-street space or berth on the same parcel with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent means of ingress and egress.

Lot. See "Parcel."

Lot Area. See "Parcel area."

Lot Coverage. See "Parcel coverage."

Lot Depth. See "Parcel depth."

Lot Line. See "Parcel line."

Lot Width. See "Parcel width."

"Low barrier navigation center" means housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.

"Low income housing" means housing that is economically feasible for families whose income level is categorized as low within the standards promulgated by the California Department of Housing and Community Development (HCD). (Ord. 24-01 §2(Exh. A-1)).

17.120.130 "M" definitions.

"Manufactured home sales and repair" means a commercial establishment that sells mainly manufactured and mobile homes and structures. May include incidental maintenance and limited on-site construction activities directly related to the sale of units.

"Marquee" means a roofed structure or awning or canopy attached to the building.

"Massage or body work" means the application of various techniques to the muscular structure and soft tissues of the human body as defined in Business and Professions Code Section 4601(e). Application of massage and bodywork techniques may include, but is not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure, and similar techniques. Examples of massage include Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology. "Massage" and "bodywork" have the same meaning.

"Maximum height" means a development standard which limits the height of buildings and structures.

"Maximum parcel coverage" means the amount of parcel area coverage allowed for buildings and structures.

"Meat jobber" means the wholesaling of meat, conducted wholly within an enclosed building, shall include portion control and the packaging of ground or chopped meat, but shall not include slaughtering, skinning, packing, smoking, or sausage manufacture.

"Medical office" means any building or portion of a building used or intended to be used as an office for the practice of any type of medicine including chiropractic, dentistry, or optometry. It shall also include clinics of a medical or dental nature.

"Microbrewery" means a small-scale brewery operating with a Type 23 Small Beer Manufacturer’s License as defined by the California Department of Alcohol and Beverage Control which produces fifteen thousand barrels or less per year on the premises.

"Microenterprise home kitchen" means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers.

"Minimum parcel size" means a development standard which is the smallest area a parcel may be divided into.

"Mining" means the removal of minerals, rock, or sand and gravel from the earth by extraction.

Mini-Warehouse. See "Storage facility, personal."

Minor Deviation. See "Minor modification."

"Minor modification" means a variance of twenty percent or less from zone standards specified in this title, including parcel area, parcel dimensions, setback distances, parcel coverage, height limitations, parking requirements, or other zone standard requirements.

"Mixed use development" means a parcel, or a series of adjacent parcels, developed as a unit containing more than one land use type.

"Mobile food vendor" means licensed motorized or nonmotorized vehicles used for the preparation, sales, and/or distribution of food and beverages to the general public.

"Mobile home park" means an improved area that provides spaces and utilities for mobile and manufactured homes to be used for residential purposes. Does not include temporary lodging sites for travel trailers or other recreation vehicles (see "Camping").

"Mobile home space" means a plot of land for placement of a single mobile home within a mobile home park.

"Mobile/manufactured home" means a structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Section 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure is typically manufactured either in whole or in substantial part at an off-site location, transported to and assembled on site, and placed on a permanent foundation.

"Mobile office structure" means a structure, including trailers, mobile homes and modular trailers, which is fabricated off site in whole or modules, in conformance with the California Building Code, that is designed to be transported to a site and which can be readily relocated to another site.

"Moderate income housing" means housing that is economically feasible for families whose income level is categorized as moderate within the standards promulgated by the California Department of Housing and Community Development.

"Mortuary" means a facility where deceased persons are prepared for burial or cremation, and funeral services are conducted.

Motel. See "Hotel/motel."

Motion Picture Theater. See "Commercial recreation and entertainment facility, indoor."

Motion Picture Theatre, Adult. See Chapter 9.20, Adult Oriented Business, Section 9.20.040.

"Motorized home" means a structure designed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, recreation and vacation uses.

"Multifamily dwelling" means a residential structure containing three or more residential dwelling units, each of which is for the occupancy by one or more persons living as a single housekeeping unit, including triplexes, fourplexes, apartments, and townhouses, but not including trailer courts, mobile home parks or camps, motels, or hotels. (Ord. 24-01 §2(Exh. A-1)).

17.120.140 "N" definitions.

"Net parcel area" means the gross parcel area minus any ultimate street rights-of-way, areas within fifteen feet of a stream bank, areas within the designated floodway, and all easements, except open space easements, that prohibit the surface use of the parcel in question by persons other than the easement holder.

"Nonconforming building or structure" means a structure which was lawfully established and maintained before the adoption of the ordinance codified in this title, but under this title does not conform with the development standards, including parcel coverage, height, setback, etc., of the zone in which it is located.

"Nonconforming parcel" means a parcel, the area dimensions or location of which were lawful before the adoption of the ordinance codified in this title or any amendments hereto, or previously adopted city ordinances, and which does not conform to the present regulations of the zone or overlays in which it is situated.

"Nonconforming sign" means any sign lawfully existing on the effective date of the ordinance codified in this title or an amendment thereto, which renders a sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

"Nonconforming status, illegal" means a parcel, structure, or use that was not legally established under the provisions of any adopted policy or regulation at the time of establishment or has not remained in substantial compliance with any conditions imposed on the parcel, structure, or use at the time of establishment and does currently not comply with the provisions of this zoning code.

"Nonconforming status, legal" means a parcel, structure, or use that was legally established under the provisions of any adopted policy or regulation at the time of establishment and has remained in substantial compliance with any conditions imposed on the parcel, structure, or use at the time of establishment but does currently not comply with the provisions of this zoning code.

"Nonconforming use" means a use which was lawfully established and maintained before the adoption of the ordinance codified in this title, but under this title does not conform with the development standards, including parcel coverage, height, setback, etc., of the zone in which it is located.

"Notice of appeal" means a document which indicates that an applicant for a permit or zoning amendment, or an affected party, wishes to appeal a decision of a planning officer or body of the city.

Nursery School. See "Day care center." (Ord. 24-01 §2(Exh. A-1)).

17.120.150 "O" definitions.

Off-Sale Liquor. See "Alcoholic beverage sales."

"Office" means facility or business that predominantly offers medical, professional, or business services.

"Office, accessory" means office that is incidental to and a part of another business, manufacturing, or sales activity that is the primary use.

"Office, medical" means facility primarily providing outpatient medical, mental health, minor surgical, and other similar personal health services, but which is separate from a hospital, including: medical, dental, and psychiatric offices, outpatient care facilities, acupuncture, and other allied health services.

"Office, professional" means facility and business that predominantly offers professional and/or business services, including architects, attorneys, accountants, advertising, computer support, land use planners, and other similar professional services and uses.

"Off-street parking" means an approved vehicle parking area, whether covered or uncovered, which is not located on a dedicated street right-of-way.

On-Sale Liquor. See "Bar."

"Open space, common" means areas in a development reserved for the use of the residents or guests of a development (e.g., tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use), or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources.

"Open space, private" means usable open space intended for use of occupants of one dwelling unit, normally including yards, decks, and balconies.

"Open space, usable" means one or more open areas adjacent to residential uses designed for outdoor living and recreation, and which is located at, below, or above grade.

"Open storage" means the storage of supplies, materials, products, motor vehicles or other appurtenances which is open or viewable by the public. Open storage is a form of outdoor storage.

"Open to the public" means a term applied to commercial uses which are available for use by persons other than employees.

Outdoor Advertising. See "Advertising structure."

"Outdoor dining" means an area located entirely outside the walls of a contiguous structure or enclosed on one or two sides by the walls of the structure, set up with tables, chairs, and other furnishings associated with and in the immediate vicinity of a restaurant, cafe, or other allowed establishment that serves food or drinks for on-site consumption.

"Outdoor sales" means either permanent or temporary outdoor display of merchandise incidental and ancillary to an adjacent indoor retail use, and certain independent outdoor retail sales facilities (e.g., auction yards, flea markets, lumber, and other material sales yards). Includes news and flower stands, and barbeque and rotisserie pits. Does not include the sale of motor vehicles, boats, and recreational vehicles ("Vehicle, boat, and trailer sales, new and used"), or the rental of vehicles ("Vehicle rental facility").

"Outdoor storage" means the storage of supplies, materials, products, motor vehicles or other appurtenances which is outside of an enclosed building, open or viewable by the public. Open storage is a form of outdoor storage.

Outer Highway. See "Frontage street."

"Owner" means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of a given parcel of land. (Ord. 24-01 §2(Exh. A-1)).

17.120.160 "P" definitions.

Parcel. Defined as fulfilling both:

1.Real property with a separate and distinct number of other designations shown on a plat recorded in the office of the county recorder.

2.Real property delineated on an approved record of survey, parcel map or subdivision map, in conformance with applicable state and local subdivision laws in effect at the time of its creation, as filed in the office of the county recorder or in the office of the division, and abutting at least one public street or right-of-way, or easement determined by the commission to be adequate for the purpose of access.

"Parcel area" means the total area within the parcel lines, excluding any street right-of-way.

"Parcel, corner" means a parcel abutting upon two or more streets at their intersections.

"Parcel coverage" means the portion of a parcel that is covered by buildings and structures.

"Parcel, cul-de-sac" means a parcel fronting on, or with more than one-half of its parcel width fronting on, the turnaround of a cul-de-sac street.

"Parcel, curve" means a parcel fronting on the outside curve of the right-of-way of a curved street with a centerline radius of one hundred feet or less.

"Parcel depth" means the horizontal distance between the front and rear parcel lines measured in the mean direction of the side parcel lines.

"Parcel, flag" means a parcel so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip to the frontage street. The access strip of each parcel shall not be considered in calculating the minimum parcel area and dimension requirements of subject parcel.

"Parcel, interior" means a parcel whose front setback abuts a street.

"Parcel line" means a line of record bounding a parcel, which divides one parcel from another parcel, from a public or private street, or any other public space.

"Parcel line, front" means on an interior parcel, the front parcel line is the property line abutting the street except in those cases where the latest tract deed restrictions specify another line as the front line. On a corner or reversed corner parcel, the front parcel line is the shorter property line abutting a street. On a through parcel or parcel with three or more sides abutting a street or a corner or reversed corner parcel with parcel lines of equal length, the director shall determine which property line shall be the front parcel line, for purposes of compliance with setback provisions of this title.

"Parcel line, rear" means a parcel line not abutting a street which is opposite and most distant from the front parcel line. In the case of an irregular, triangular or gore-shaped parcel, a line within the parcel, parallel to the and at maximum distance from the front parcel line, having a length of not less than ten feet; a parcel which is bound on all sides by streets may have no rear parcel line.

"Parcel line, side" means any parcel line that is not a front parcel line or parcel line.

"Parcel line, side front" means any parcel line that is not a front parcel line or a rear parcel line which abuts a street.

Parcel Line, Zone Boundaries. Where the zone boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks or parcels, the zoning boundaries shall be construed to be parcel lines; and where the indicated boundaries on the zoning map are approximate parcel lines, exact parcel lines shall be construed to be the boundaries of identified zones, unless the boundaries are otherwise indicated on the map. Where a zone boundary, as shown on the zoning map, divides a parcel in single ownership at the time of passage of the ordinance codified in this title, the use, height and area regulations of the less restrictive portion of the identified parcel shall be construed as extending to the entire parcel; provided, the parcel does not extend more than fifty feet beyond the accepted boundary line.

"Parcel, reverse corner" means a corner parcel, the side line of which is substantially a continuation of the front parcel lines of the parcels to its rear, whether across an alley or not.

"Parcel, through" means a parcel having frontage on two parallel streets.

"Parcel width" means a development standard defined as the horizontal distance between the side parcel lines, measured at right angles.

"Parking area" means an accessible and usable area on the building site located off the street with access for the parking of automobiles. See "Off-street parking."

"Parking area, private" means 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" means 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 area, residential" means an area, other than a street, located on the subject parcel for the parking of vehicles owned by the residents of the parcel.

"Parking, covered" means an accessible and usable parking space within a carport or garage.

"Parking space, automobile" means a clearly marked space for the parking of a motor vehicle within a public or private parking area.

"Parking space, bicycle" means an area, other than a street, alley, pedestrian way, or automotive parking space, reserved and improved for the parking and securing of a bicycle, plus additional area as is necessary to afford adequate access and protection for bicycles.

"Parkway" means an arterial highway with full or partial control of access, and located within a park or ribbon of park-like development.

Patio, Covered. See "Structure."

Pawn Shop. See "Retail sales, restricted."

"Performance standard" means a minimum requirement or maximum allowable limit on the effects or characteristics of a use and used to define compatibility.

"Permit" means written governmental permission issued by an authorized official, empowering the holder to do some act not forbidden by law, but not allowed without explicit authorization.

"Permit, discretionary projects" means projects that would require one or more of the following entitlements or approvals: rezone, tentative subdivision map, conditional use permit, variance, exception, development plan review, special development permit, or some public works projects that require design review.

"Permit, nondiscretionary projects" means projects that are consistent with the applicable zone in planned use and development standards and propose new construction, exterior remodeling or additions (e.g., requires building permit only).

"Person" means 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.

"Personal service, general" means commercial establishment that provides personal services. May also include accessory retail sales of products related to the personal services. General personal services include:

Alterations

Laundromat (self-service laundry)

Barber and beauty shop

Locksmith

Clothing rental shop

Nail salon

Dry-cleaning

Shoe repair

Hair salon

"Personal service, restricted" means commercial establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas/uses and that may need to be dispersed from other similar uses to minimize adverse impacts. These uses may also include accessory retail sales of products related to the personal services provided. Restricted personal services include:

Internet cafe

Permanent makeup

Massage establishment

Tattoo and body piercing

Palm and card reader

"Place of assembly" means a facility intended for public or private assembly and meetings, including civic and private auditoriums, banquet halls, community centers, conference and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.

"Planned development" means a large, integrated residential development located on a single building site, or on two or more building sites. The land and structures on the site shall be planned and developed as a whole in a single development operation or a series of developments in compliance with a master plan.

"Population density" means the number of residential dwelling units on a site. The maximum permissible density shall be the number of dwelling units on a parcel or per parcel area as specified for the applicable zone, exclusive of any area utilized or required to be utilized or dedicated for public street purposes.

"Poultry" means domesticated birds reared for egg or meat production.

"Power generation" means any electrical generating facility using thermal, wind, or water energy, including but not limited to biomass plants, wind farms, coal-fired plants, or thermal power plants with a generating capacity of less than fifty megawatts.

"Premises" means a parcel or tract together with the buildings and structures thereon.

"Principal structure" means a structure in which is conducted the principal use of the parcel on which it is situated, except for agricultural uses. In any residential zone, any dwelling shall be deemed to be the principal structure on the parcel on which it is situated.

"Principal use" means the primary, predominate, or initial use of any parcel. For guidance, in an agricultural zone, the principal use of the land would be farming or ranching. An accessory use would be the farm house.

"Printing shop" means a commercial establishment that provides duplicating services using photocopy, blueprint, and/or offset printing equipment, including collating of booklets and reports, for individual orders from a business, profession, service, industry, or government organization. Also referred to as "copy shop."

"Private utility" means any utility which is not a public utility.

"Produce stand" means a temporary commercial establishment, operated for a specific time period, selling unprocessed fruits, vegetables, nuts, and other agricultural products in a raw or natural state, grown or produced on site, and that is accessory to an on-site or adjacent agricultural operation.

Professional Office. See "Office."

"Property development standards" means any definitive measurable characteristic or aspect of a development, specified by this title, including but not limited to setbacks, parking, building height, space between buildings, parcel area and dimensions, defined linear distances for signs, spacing requirements, and size of districts.

Property line. See "Lot line."

"Provisions" means all regulations and requirements referred to in the text of this title.

"Public art work" for purposes of inclusion in the development process shall be defined as follows:

1.Sculptures: freestanding, wall supported or suspended; kinetic, electronic; in any appropriate material or combination of materials.

2.Murals or portable paintings: in any appropriate material or variety of materials, with or without collage or the addition of nontraditional materials or means.

3.Photography, original works of graphic art, limited edition prints, works on/of paper, original paintings.

4.Earthwork, fiber works, waterworks, neon, glass, mosaics, or any combination or forms of media including sound, literary elements, holographic images, or hybrids of media and new genres.

5.Furnishings or fixtures, including but not limited to gates, railings, streetlights or seating, if created by artists as unique elements.

6.Artistic or aesthetic elements of overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist.

The following items shall not be eligible for inclusion as public art work:

7.Directional elements (e.g., supergraphics, signs or color coding) except where these elements are integral parts of an overall design created by a professional visual artist. Art objects which are mass produced or of standard manufacture (e.g., playground equipment, fountains or statuary elements) unless incorporated into an art work by a project artist.

8.Mass-produced reproductions by mechanical or other means of original works of art.

9.Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by an artist commissioned for that purpose.

Public and Quasi-Public Use.

"Library" means public facility that provides the use, but not sale, of literary, musical, artistic, or reference materials.

"Public building" means structure used (either owned and rented) by public agencies, including city, county, state, and federal administration buildings; fire stations, and other fire prevention and firefighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities, and post offices. Does not include facilities specifically identified under another land use category, including schools.

"Public park and recreation area" means noncommercial outdoor recreation facility that provides a variety of recreational opportunities including playground equipment, open space areas for active and passive recreation and picnicking, and sport and active recreational facilities. May also include enclosed structures providing for recreational opportunities and community gardens.

"Publicly maintained road" means any road in the city maintained by public funds.

"Public notice" means 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 sewer system" means any sewage disposal system of one hundred or more connections operated and maintained by any municipality, special district, public or private corporation, organized and existing under and by virtue of the laws of the state.

"Public utility" means 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.

"Public water system" means any water system, other than an individual well, spring, or mutual water system that is operated by a municipality, governmental agency, or a public utility, for the furnishing of potable water. (Ord. 24-01 §2(Exh. A-1)).

17.120.170 "Q" definitions.

"Quarry" means a surface mining operation from which rock, sand, gravel and similar resources are being removed or are intended to be removed.

Quasi-Public. See "Public and quasi-public use." (Ord. 24-01 §2(Exh. A-1)).

17.120.180 "R" definitions.

"Radio transmitter" means the same as a radio tower, including broadcasting studio facilities and any other equipment necessary in the operation of a radio station.

"Ramada" means a roofed area open on all sides; arbor or pergola-like structure.

"Reasonable accommodation" means providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with state and federal fair housing laws; provided, however, that the requested accommodation does not impose an undue financial or administrative burden on the city and does not require a fundamental alteration in the nature of any city plan, policy, rule, regulation, or code.

"Recreation, active" means 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" means leisure time activities of a less formal nature (e.g., bicycle riding, hiking, or picnicking) and not requiring a prescribed place, site, or field.

Recreational Facilities, Commercial. See "Commercial recreation and entertainment facility."

"Recreational vehicle (RV)" means any of, but not limited to, the following: motor home, mini-motor home, camper/truck combination, house trailer, camp trailer, boat, boat trailer, all-terrain vehicle or dune buggy.

"Recreational vehicle park" means any area or tract of land where one or more parcels are rented or leased, or offered for rent or lease, to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.

"Recyclable material" means reusable material, including but not limited to metals, glass, plastic and paper, which is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with California Health and Safety Code.

"Recycling collection facility" means a center for the acceptance by donation, purchase, or redemption of recyclable materials from the public, which may include the following:

"Large collection facilities" occupy an area of more than three hundred fifty square feet and may include permanent structures.

"Recycling processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment or to an end user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:

"Recycling processing facility, heavy" means any processing facility that occupies an area greater than four thousand five hundred square feet not specifically defined as a light processing facility.

"Recycling processing facility, light" means a facility that occupies an area of four thousand five hundred square feet gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

"Scrap and dismantling yards" means outdoor establishments primarily engaged in disassembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including motor vehicle wreckers engaged in dismantling vehicles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.

"Small collection facilities" occupy an area of three hundred fifty square feet or less and may include:

a.A mobile unit;

b.Bulk reverse vending machines or grouping of reverse vending machines occupying an aggregate area of more than fifty square feet but no more than three hundred fifty square feet;

c.Kiosk-type units which may include permanent structures.

"Recycling unit, mobile" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

"Rental unit" means any property or portion of property leased to a tenant for any period more than one month with a room, bath, and an entrance to a public space or access hallway.

"Reservation" means a provision in a deed or other real estate conveyance which preserves a right for the existing owner even if other property rights are transferred.

"Residence" means a building used, designed, or intended to be used as a home or dwelling place for one or more families.

"Restaurant" means a retail establishment (i.e., cafes, coffee houses, diners, food services) selling/serving food and beverages prepared for both on-site and off-site, sit-down consumption and service.

"Cafeteria" means a restaurant where food primarily is preprepared (not cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily) upon the premises.

"Coffee shop" means a restaurant where food, generally cooked to order, is served to the customer seated at a table or counters for consumption principally (but not necessarily exclusively) upon the premises, the establishment being open for all three meals of the day, and sometimes on a twenty-four-hour basis.

"Convenience food and beverage service" means the same as a fast-food service establishment except that the preparation of food shall not require a full kitchen or a grease trap.

"Dinner house" means a restaurant where meals are generally cooked to order and served to the customers seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also open for service of the midday meal.

"Restaurant, drive-through" means a restaurant facility which serves patrons in vehicles from a window adjacent to a drive aisle or lane operated in conjunction with a restaurant or a food and beverage sales business. Includes, but is not limited to, fast-food restaurants, coffee shops, dairy products.

"Restaurant, fast food" means a restaurant where food not displayed for selection as in a cafeteria, and which food may or may not be cooked to order or be preprepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers.

"Rest home" means premises used for the housing of and caring for the ambulatory, aged or infirm, which premises require a license from the state or county.

"Restriction" means a limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.

"Retail sales, general" means a commercial establishment within a structure, engaged in selling goods or merchandise to the public for profit. Examples of these establishments and types of merchandise include but are not limited to:

Appliances

Luggage and leather goods

Art studio and gallery

Medical supplies and equipment

Artists’ supplies

Motor vehicle parts and accessories

Bakeries (retail only)

Musical instruments

Bicycle sales and rentals

Newsstands

Books

Office supplies

Cameras and photographic supplies

Orthopedic supplies

Carpeting and floor covering

Paint and wallpaper

Clothing and accessories

Pet supplies and grooming

Convenience market

Pharmacies

Drug and discount stores

Religious goods

Electronic equipment

Shoe stores

Fabrics and sewing supplies

Small wares

Florists and houseplant stores (indoor sales only)

Specialty shops

Gift shops

Sporting goods and equipment

Handcrafted items

Stationery

Hardware

Thrift store/secondhand retail sales

Hobby materials

Toys and games

Jewelry

Travel services

Kitchen utensils

"Retail sales, grocery or supermarket" means a commercial establishment offering for sale fresh and prepackaged food products, household items, and similar products, and having a gross floor area of six thousand square feet or more. Includes ancillary delicatessens, bakeries, optical, financial services (e.g., bank tellers or automated teller machines), and other retail related sales.

"Retail sales, neighborhood market" means pedestrian-oriented commercial establishment with a gross floor area of less than six thousand square feet offering for sale a variety of fresh and prepackaged food and beverages products, ethnic, specialty or imported items, consistent with the needs of the surrounding neighborhood it is intended to serve.

"Retail sales, nursery and garden supply" means commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under "Retail sales, general." Home greenhouses are included under "Accessory structure."

"Retail sales, secondhand" means commercial establishment principally engaged in buying, selling, or accepting on consignment secondhand tangible personal property and other activities as defined in California Business and Professions Code Sections 21626 and 21626.5, and in which at least fifty percent of the gross sales are from the sale of a secondhand property. Includes secondhand clothing and antique stores, but not pawn shops.

"Retail sales, restricted" means a commercial establishment within a structure, engaged in selling goods or merchandise to the general public for profit that are subject to heightened public regulation due to the nature of the product. Examples of these establishments and lines of merchandise include:

1.Firearms Sales. Retail establishments selling firearms, ammunition, and related accessories and equipment under federal laws governed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

2.Tobacco and Nicotine Sales. Establishments that either: (a) devote more than fifteen percent of their total floor space to smoking or tobacco paraphernalia, or (b) devote more than a two-foot by four-foot (two feet in depth maximum) section of shelf space for display for sale and sale of smoking and/or tobacco paraphernalia. Smoking and/or tobacco paraphernalia include, but are not limited to, the following:

a.Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of tobacco plant.

b.Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing tobacco.

c.Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant. Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of tobacco.

d.For use or designed for use in weighing or measuring tobacco. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds, or other foreign material from, or in otherwise cleaning or refining, tobacco.

e.Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding tobacco substances.

f.Envelopes, pouches, capsules, balloons, and other containers intended for use or designed for use in packaging small quantities of tobacco.

g.Containers and other objects intended for use or designed for use in storing or concealing tobacco.

h.Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing tobacco into the human body, including, but not limited to:

i.Metal, wood, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, or punctured metal bowls.

ii.Water pipes.

iii.Carburetion tubes and devices.

iv.Smoking and carburetion masks.

v.Clips or other devices intended to hold burning materials (e.g., marijuana or a cigarette) that have become too small or too short to be held in the hand.

vi.Miniature cocaine spoons, and cocaine vials.

vii.Chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, ice pipes or chillers.

3.Pawn Shop. Commercial establishment engages in retail sales of new or secondhand merchandise and offering loans secured by personal property, and as further defined in California Financial Code Section 21000. For secondhand sales which do not involve the offering and acceptance of loans, see "Retail sales, secondhand."

"Retail sales, wholesale" means a commercial establishment engaged in selling wholesale merchandise to retailers; to industrial, commercial, institutional, agricultural, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies.

"Reverse vending machine" means an automated mechanical device which accepts at least one or more types of recyclable materials including, but not limited to, aluminum cans, electronics, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

Rezoning. See "Zone, change of."

"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.

"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.

Rummage Sale. See "Garage sale."

"Run with the land" means a covenant or restriction to the use of land contained in a deed and binding on the present and all future owners of the property. (Ord. 24-01 §2(Exh. A-1)).

17.120.190 "S" definitions.

Sanitarium. See "Hospital."

"Sanitary landfill" means a site for solid waste disposal in which the solid waste is spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of each working day.

"Satellite dish antenna" means any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit.

"Scenic area" means an open area, the natural features of which are visually significant or geologically or botanically unique.

"School" means an educational institution, including elementary, middle, junior high, and high schools, serving transitional kindergarten through 12th grade students, offering general academic instruction equivalent to the standards prescribed by the state Board of Education, and including denominational and sectarian, boarding schools, charter schools, and military academies. Also includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training.

"School, private" means a privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code. Includes special education and alternative learning schools.

"School, private/public college, and university" means a post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master’s and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.

"School, technical and vocational" means a public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, martial arts, or art lessons.

Second Residential Unit. See "Accessory dwelling unit."

"Secondhand store" means a commercial establishment which sells used merchandise.

"Senior citizen" means as defined under the Unruh Civil Rights Act of California Civil Code Section 51.3(b), as may be amended from time to time and not inconsistent with the Federal Fair Housing Act (42 U.S.C. Sections 3601 through 3631) as may be amended from time to time.

"Senior citizen housing" means any residential accommodation other than a mobile home developed, substantially rehabilitated, or substantially renovated for senior citizens.

Service (Gasoline) Station. See "Fueling station."

Service Road. See "Frontage street."

"Setback" means any open space on the same parcel with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections allowed by this title.

"Setback, front" means a space extending the full width of a parcel between a building and the front parcel line and measured perpendicular to the building at the closest point to the front parcel line.

"Setback, rear" means a space extending across the full width of a parcel between the principal building and the rear parcel line and measured perpendicular to the building at the closest point to the rear parcel line.

"Setback, required" means the open space between the parcel line and the buildable area within which no structure shall be located except as provided in this title.

"Setback, side" means a space extending from the front setback, or from the front parcel line where no front setback is required by this title, to the rear setback, or rear parcel line, between a side parcel line and the side setback line.

Shopping Center. See "Retail sales, general."

Shopping Center, Regional. See "Retail sales, general."

Short-Term Transient. See "Transient, short-term."

"Shrub border" means a thick, continuous, strip planting of shrubs along a boundary or division lines which creates an enclosure, barrier, or screen.

Sidewalk Cafe. See "Restaurant."

"Sight distance triangle" means the area created by drawing an imaginary line between points thirty feet back from where the curb lines of the intersection quadrant meet. Provides area for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

Sign. See Chapter 17.30 (Sign Regulations).

"Significant building" means a building which has special historic, cultural, or aesthetic interest, and by virtue of that may have significant value to the community. A significant building shall be characterized by one or more of the following: (A) a building at least fifty years old; or (B) a building listed on the National Register of Historic Places or California Register of Historic Places; or (C) a building determined by the council to be notably associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of Kerman.

Single-Family Dwelling. See "Single-unit dwelling."

"Single room occupancy (SRO)" means any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features (e.g., kitchen, bathroom, or entertainment area).

"Single-unit dwelling" means a residential structure containing one dwelling unit located on a single parcel of land for occupancy by one single household, including manufactured housing and mobile homes, when placed on a permanent foundation system.

"Site" means any parcel of land or combination of contiguous parcels of land.

"Sight distance area" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

"Site plan" means a plan, prepared to scale, showing proposed uses and structures for a parcel of land, including details necessary to illustrate the final proposed use and development.

"Site plan review" means 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.

"Smart growth" means an approach to land use planning and growth management that recognizes connections between development and quality of life. Smart growth stresses guidelines and incentives for growth instead of regulations, to encourage development that is sensitive to quality of life factors.

Smoke Shop. See "Tobacco and nicotine sales."

"Solar energy generation facility" means a commercial energy generation facility that generates electricity from the sun via photovoltaic arrays, solar thermal systems, or concentrated solar power facilities.

"Solar energy generation facility, major" means a facility that is two thousand one square feet or larger in size.

"Solar energy generation facility, minor" means a facility that is two thousand square feet or less in size.

"Solid waste disposal facility" means any location or facility or dump used for the disposal of solid, semi-solid and liquid wastes including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial waste, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded and semisolid wastes and including solid waste processing facilities as a secondary activity in conjunction with a disposal operation.

"Solid waste transfer station" means a facility for receiving and temporarily holding solid wastes for transfer to a solid waste disposal facility or waste-to-energy plant. A solid waste transfer station may include scales, compactors, wash racks, facilities for the transfer of solid waste from small to larger containers or vehicles for transport, and facilities for incidental separation of recoverable resources.

"Spa" means a facility which provides an integrated combination of fitness, beauty, rejuvenation, and relaxation programs. A primary use spa is one where the minimum facilities provided shall be beauty salon, and steam room and/or sauna, showers and therapy pool, and sequestered rooms for massage and body treatments. An accessory spa use is one where the focus is relaxation and therapeutic programs rather than fitness and beauty. If a facility is an accessory use spa, the provisions for minimum facilities are not required.

"Spandrel" means the area located between the top window or architectural feature of a floor or story and the window or architectural feature on the next higher floor in buildings of more than one story.

"Specialty shop" means the use, rental or lease of stalls or areas inside of an enclosed building by vendors offering new goods or materials, or antiques, for sale. Where allowed, the goods or materials offered for sale shall be those ordinarily offered for sale by the allowed use in the zone in which the specialty shop is located.

"Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

"Sprawl" means a low-density land use pattern that is automobile dependent, energy and land consumptive, and requires a very high ratio of road surface to development served.

"Stable, commercial" means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.

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

"State" means the state of California.

"Storage facility, personal" means a facility with structures generally containing small individual compartmentalized areas or lockers rented as individual storage spaces or outdoor storage for recreational vehicles and boats. Also referred to as "mini storage" or "self-storage."

"Storage facility, restricted" means a facility used for storage and distribution of generally dangerous and hazardous materials, including, but not limited to, chemicals, gasoline, propane, explosives, and fireworks.

"Story" means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and ceiling next above it.

"Street" means a public thoroughfare or right-of-way dedicated, deeded, or condemned for use as access, or approved private thoroughfare or right-of-way, other than an alley, which affords the principal method of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfares, except as excluded in this title. The word "street" shall include all major and secondary thoroughfares, collector streets, and local streets.

"Street centerline" means the centerline of a street right-of-way as established by official survey.

"Street, local" means any designated street serving as the principal route to access property, which is not shown as a freeway, major or secondary thoroughfare or collector on the general plan for the city.

"Street, private" means a right-of-way or easement used for vehicular, equestrian and/or pedestrian traffic that is privately owned and maintained.

Street, Public. See "Publicly maintained road."

"Street, side" means the street bounding a corner or reversed corner parcel and which extends in the same general direction as the line determining the depth of the parcel.

"Structural alteration" means any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.

"Structural wall" means any bearing wall of a building.

"Structure" means anything constructed or erected, the use of which requires location on the ground or the attachment to something having location on the ground, including awnings, gas storage containers and patio covers, but excluding walls and fences six feet in height or less, and outdoor areas (e.g., uncovered paved areas, patios, walks, tennis courts, and swimming pools).

Structure, Advertising. See "Advertising structure."

"Structure, temporary" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety consecutive days. The structure shall be subject to all applicable property development standards for the zone in which it is located.

"Subdivision sales office" means a temporary office use located within a subdivision used to facilitate the sale and showing of dwellings and/or parcels.

"Supportive/transitional housing" means housing with no limit on length of stay, that is occupied by persons with disabilities or those experiencing homeless, 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. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

"Sustainable development" means development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend. Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs.

"Swap meet" means the use, rental or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, art exhibits or farmer’s markets.

"Swimming pool" means any permanent structure containing a body of water, having a depth of at least eighteen inches, intended for recreational uses, and shall include wading pools.

"Swimming pool, private" includes all pools which are used or intended to be used in connection with a single-family residence, and available only to the family or householder and their private guests.

"Swimming pool, public or semi-public" means any pool other than a private swimming pool. (Ord. 24-01 §2(Exh. A-1)).

17.120.200 "T" definitions.

"Target populations" means 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 in compliance with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Tasting room" means a commercial establishment that is operated in conjunction with a separate alcoholic beverage production facility licensed under a Type 02 license issued by the California Department of Alcoholic Beverage Control, which facilitates the sampling and sale of alcoholic beverages and is located on a different parcel of land than the production facility.

"Temporary dwelling" means a travel trailer or motor home which serves as a dwelling unit for the owner/builder for one year while building the principal dwelling unit.

"Temporary job site office" means a temporary job site office which serves as commercial office for one year while the principal structure is being built.

Temporary Tract Office. See "Subdivision sales office."

"Temporary use" means a use established for a specified period of time, typically less than one to seven days for outdoor special events, and three months to one year for other uses/activities, with the intent to discontinue the use at the end of the designated time period.

"Tenant" means 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.

"Term, long" means a time frame without the intent to be permanent, may occur for an unknown measurable period of time, and may not have a set end date.

"Term, short" means a time frame without the intent to be permanent, occurring for a portion of measurable period of time, e.g., day, week, month, year, and with a set end date.

"Thrift store" means a commercial establishment typically operated by and in benefit of a nonprofit or charitable organization, engaged in the sale of used articles such as clothes, furniture, kitchen utensils and other used home goods, primarily sourced from donations.

Tobacco Store. See "Retail sales, restricted."

Townhouse. See "Multifamily dwelling."

"Traffic calming" means a concept fundamentally concerned with reducing the adverse impact of motor vehicles on built-up areas. Usually involves reducing vehicle speeds, providing more space for pedestrians and cyclists, and improving the local environment.

"Trailer" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in compliance with the provisions of the state Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.

"Trailer coach" means a recreational vehicle designed or used for human habitation, including travel trailers, motor homes, house cars and campers, with a maximum gross occupied ground area of less than three hundred twenty square feet.

Trailer Court. See "Trailer park."

"Trailer park" means land or premises used or intended to be used for one or more trailer coaches on the basis of lease, rental or other consideration.

"Transient" means a person who is receiving accommodations for a price, with or without meals, for a period of not more than one hundred eighty continuous days in any one year.

"Transient, short-term" means a person who is receiving accommodations for a price, with or without meals, for a period of not more than twenty-nine continuous days in any one year.

"Transit stations and terminal" means a facility where buses, trains, and other rail mass transit options regularly stop to load and unload passengers and goods.

"Transportation corridor" means a combination of discrete, adjacent surface transportation networks (e.g., freeway, arterial roads, rail networks) that link the same major origins and destinations.

"Transportation plan" means a document that provides the rationale, goals, objectives, strategies, and standards for the implementation of transportation improvements.

"Travel trailer" means a recreational vehicle without motor power designed for human habitation for residential, recreational, industrial, professional, or commercial purposes, but shall not include camper, truck camper, or mobile home.

"Truck" means a vehicle or combination of vehicles with a gross vehicle weight rating of ten thousand pounds or more, but shall not include recreational vehicles.

"Truck and trailer sales lot" means an open area where trucks or trailers are sold, leased or rented, and where no repairs, painting or remodeling is done.

"Truck service station" means an establishment which provides services specifically for trucks, with incidental operations.

"Truck stop" means a place of business primarily engaged in providing service station facilities for cargo vehicles or trailer trucks. Truck stops may include accessory food services.

"Truck storage and parking yard" means an area used as a staging and point of operation for trucking operations and their accessory equipment.

"Two-unit dwelling" means a single detached dwelling designed for and occupied by two families alone and having but two kitchens. (Ord. 24-01 §2(Exh. A-1)).

17.120.210 "U" definitions.

"Unique natural feature" means a part of the natural environment which is rare or not duplicated in the community or region.

"Use" means the purpose or activity for which land or buildings are designed, arranged, or intended or for which they are occupied or maintained.

Use, Accessory. See "Accessory use."

"Use area" means a measured area occupied by principal and accessory buildings, structures, and appurtenant uses. For guidance, the use area of an agricultural processing facility would include measurements of the gross floor area of all buildings and structures plus the area, in square feet, occupied by all outdoor storage areas, all parking areas, and any other area of ground affected by the processing of agricultural products.

"Use, conditional" is a use which is listed as a conditional use in any given zone in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given zone.

"Use permit, conditional or temporary" means a discretionary permit authorizing a particular use often for a specified period of time and often including conditions of approval which run with the land, regardless of ownership.

"Use, permitted" means a use which is listed as a permitted use in any given zone in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed in a given zone subject to the restrictions applicable to that zone. Also known as an allowable or allowed use.

"Utility facility and infrastructure" means facility supporting electric and telecommunication services. (Ord. 24-01 §2(Exh. A-1)).

17.120.220 "V" definitions.

"Variance" means permission to depart from the literal requirements of this title.

"Vehicle, boat, and trailer sales, new and used" means a commercial establishment that sells automobiles, boats, motorcycles, recreational vehicles, trailers, trucks, and similar vehicles and equipment, including display and storage. May include incidental minor maintenance (e.g., oil changes, fluid flushes). All incidental minor maintenance activities shall be conducted within a fully enclosed structure. Vehicle repairs, including but not limited to engine repairs, transmission services, brake replacement, wheel and tire alignment, and electrical installation, are not allowed (see "Vehicle repair and service").

"Vehicle rental facility, general" means a commercial establishment that rents automobiles, construction equipment, motorcycles, recreational vehicles, trucks, trailers, and similar vehicles and equipment, including on-site storage and incidental maintenance that does not require pneumatic lifts, and only when conducted within a fully enclosed structure.

"Vehicle rental facility, limited" means a commercial establishment that rents small vehicles, including bicycles, mopeds, scooters, and Segways), and similar sized vehicles with electric power, engines less than one hundred cc, or are human powered. May also include the maintenance, minor repair, and on-site storage of the equipment offered for rent, and only when conducted within fully enclosed structure.

"Vehicle rental facility, office only" means commercial establishment that rents automobiles, motorcycles, recreational vehicles, trucks, and other types of transportation vehicles that are not stored on site.

"Vehicle repair and service" means the repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, water vessels, golf carts, and other motor vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes the following categories:

"Vehicle repair and service, major" means major repair of automobiles, motorcycles, recreational vehicles, or trucks including light duty trucks (i.e., gross vehicle weight of less than ten thousand pounds) and heavy-duty trucks (i.e., gross vehicle weights more than ten thousand pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops; paint shops; and transmission shops.

"Vehicle repair and service, minor" means minor repair of automobiles, motorcycles, recreational vehicles, or light duty trucks, vans, or similar size motor vehicles (i.e., vehicles that have gross vehicle weights less than ten thousand pounds) including detailing services; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel and exhaust systems; brake adjustments; relining and repairs; oil and lube shops; smog shops, tire and battery sales and installation (not including recapping); and wheel alignment and balancing. Does not include any type of car washing service.

Vehicle Salvage and Dismantling Facility. See "Scrap and dismantling yard."

"Vehicle sales, new and used" means a commercial establishment that sells new or used automobiles, motorcycles, recreational vehicles, trucks, boats, and similar vehicles and equipment, including display, and storage. May include incidental minor maintenance (e.g., oil changes, fluid flushes), and accessory retail sales. All incidental minor maintenance activities and accessory retail sales shall be conducted within a fully enclosed structure. Vehicle repairs, including, but not limited to, engine repairs, transmission services, brake replacement, wheel and tire alignment, and electrical installation, are not permitted (see "Vehicle repair and service"). Does not include: the sale of auto parts/accessories separate from a vehicle sales establishment (see "Retail sales, general"), or commercial establishments dealing exclusively in used parts (see "Vehicle salvage and dismantling facility").

"Veterinary clinic, large" means a commercial establishment providing medical care and treatment of large domestic animals including horses, cattle, goats, sheep, and similar animals with all medical operations being conducted wholly within a building, except for holding pens or corrals used to house animals while they are under care of the veterinarian.

"Veterinary clinic, small" means a commercial establishment providing medical care or surgical treatment to domestic animals or household pets. Use as a kennel shall be limited to short time boarding incidental to medical care. For standalone long-term boarding facilities, see "Kennel."

Video Game Arcade. See "Commercial recreation and entertainment facility, indoor." (Ord. 24-01 §2(Exh. A-1)).

17.120.230 "W" definitions.

"Wall" means any structure or device, not including landscape features, forming a physical barrier. This shall include concrete, concrete block, wood, metal, or other materials that are so assembled as to form a barrier. Where a solid wall is specified, one hundred percent of the vertical surface shall be closed, except for approved gates or other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick, stone or other masonry material and one hundred percent of the vertical surface shall be closed, except for approved gates or other access ways.

"Warehousing and distribution" means a facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage or personal storage facilities offered for rent or lease to the public (see "Storage facility, personal").

"Watercourse" means 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.

"Wholesale" means the selling of any type of good for purpose of resale, including incidental storage and distribution.

"Wireless telecommunication facility" means a facility that includes equipment which supports the transmission and/or receipt of electromagnetic/radio signals. Telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of the signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other necessary development. (Ord. 24-01 §2(Exh. A-1)).

17.120.240 "X" definitions.

No terms defined. (Ord. 24-01 §2(Exh. A-1)).

17.120.250 "Y" definitions.

Yard Sale. See "Garage sale." (Ord. 24-01 §2(Exh. A-1)).

17.120.260 "Z" definitions.

"Zero lot line" means the location of a structure on a parcel where one or more of the structure’s sides rest directly on a parcel line.

"Zone" means a specifically delineated area or zone in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

"Zone, change of" means the legislative act of removing one or more parcels of land from one zone and placing them in another zone on the official zone map of the city.

Zone Map. See "Zoning map."

"Zoning map" means the official zoning map of the city of Kerman, which is a part of the ordinance codified in this title. (Ord. 24-01 §2(Exh. A-1)).

Chapter 17.120 DEFINITIONS (2024)
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