Chapter 17.04 DEFINITIONS
Section 17.04.010 Definitions.
For the purpose of this chapter, certain words and phrases
are defined and shall be construed
as set out in this section unless it is apparent from the context that they have a different meaning.
All public officials, bodies and agencies to which reference is made shall be understood to mean
those of the county of Alameda, hereinafter referred to as the county, unless the text indicates
otherwise.
Access driveway means land providing vehicular
access to building or off-street parking
area, open from the ground to the sky except as may be otherwise indicated on an approved site
development review plan, land use and development plan or cluster permit plan.
Accessory structure means a detached subordinate
structure or building on a lot, the use of
which is appropriate, incidental and customarily or necessarily related to the district and to the
principal use of the lot or to that of a main building on the lot.
Accessory use means a use which is appropriate,
subordinate, incidental and customarily or
necessarily related to a lawfully existing principal use an the same lot or building site and does
not alter the essential characteristics of such principal use as a whole and as related to other uses
permitted in the same district.
Adult entertainment activity means any commercial
activity, whether conducted
intermittently or full time, which primarily involves the sale, display, exhibition or viewing of
books, magazines, films, photographs or other materials, distinguished or characterized by an
emphasis on matter depicting, describing, or relating to human sex acts, or by an emphasis on
male or female genitals, buttocks, or female breasts. Adult entertainment activities also include,
by way of illustration only, such activities as nude encounter, dance studios, bath houses, escort
studios and any establishment that offers no readily discernable product or service.
Agricultural caretaker is a person who performs
at least one of the following: on-site
security; maintenance or care for livestock or other ruminants, horses, bees, rabbits, fowl,
poultry; operational tasks related to farming or ranching, or in a viable agricultural business or
public/commercial recreational interest on the property.
Agricultural caretaker dwelling means any approved
temporary dwelling, manufactured
home, or mobile home constructed after September 15, 1971, and issued an insignia of approval
by the California department of housing and community development which is placed on a
temporary foundation. Such a dwelling shall be occupied by an agricultural caretaker and his/her
family.
Alcohol outlet means any retail establishment
engaged in the business of selling alcoholic
beverages for off-premises consumption; a winery, pursuant to the definition of winery in this
section is exempted.
Block means that property abutting on one side
of a street or lane which lies between the
two nearest intersecting or intercepting streets, or between the nearest such cross street and an
intersecting railroad right-of-way, watercourse, body of water, or the end of the street or lane.
Boarding house means a building or portion thereof,
other than a hotel or restaurant, where
four or more persons are provided with lodging or meals or both meals and lodging for a
consideration and pursuant to previous arrangement. The term includes a lodging house or
rooming house, but does not include institutional uses such as a hospital or an orphanage or
home for the aged.
Board of zoning adjustments means any board of
zoning adjustments established under
Administrative Code §§ 2.40.120 et seq. having jurisdiction over the specific application.
Building means any structure erected for the
support, shelter or enclosure of persons,
animals or property. For the purposes of this chapter, a swimming pool shall be considered a
building. A vehicle regulated by the State Vehicle Act shall not be deemed to be a building. (See
also Accessory building, Main building).
Primary building frontage means the width of
the projection of a business building, or
establishment within a building, onto a single straight line chosen by the establishment to be the
primary building frontage and normally parallel to a lot line or street. A primary building
frontage line must lie in a roadway or public open space area such as a private street, an open
plaza or square or an auto parking area. A business may have only one primary building frontage.
Any sign area accrued and authorized by one building frontage may not be attached to any other
frontage.
Secondary building frontage means the width of
the projection of a business building, or
establishment within a building, onto a single straight line which is either perpendicular to or
parallel to the primary building frontage line. A secondary building frontage line must lie in a
roadway or public open space area such as a private street, an open plaza or square or an auto
parking area. A business may have a maximum or three secondary building frontages. Any sign
area accrued and authorized by one building frontage may not be attached to any other frontage.
Building site means the land area, consisting
of one or more recorded lots which constitute a
unit, either under one ownership or for use as a condominium, which is to be considered as a site
either occupied or to be occupied by a main building or buildings and accessory buildings or by a
principal use and accessory uses together with the effective lot frontage on a street, and the
yards, open spaces and parking and loading spaces required by these regulations.
Channel means a natural or artificial watercourse
of perceptible extent, with a definite bed
and banks to confine and conduct continuously or periodically flowing water. Channel flow thus
is that water which is flowing within the limits of the defined channel.
Clubhouse means a building used for social or
civic activities by a group of persons who are
members of an organized and incorporated association, excluding any building where the chief
activity is one customarily carried on as a business, or where a room or suite of rooms is
frequently rented or regularly offered for a rent to nonmember groups or to the general public.
Code enforcement manager means the planning director
or designee.
Community clubhouse means a clubhouse containing
facilities for neighborhood civic and
social activities, operated by and for residents in the vicinity, where residence in the area served
is a requisite for membership.
Community facility means any of the following
buildings or uses:
1. Church or rectory or convent, when
constructed of frame or more lasting materials;
2. School, attendance at which satisfies
the requirements of the Compulsory Education Law
of state;
3. Nursery school;
4. Library, college, university;
5. Outdoor recreation facility;
6. Public utility building or uses,
excluding such uses as a business office, storage garage,
repair shop or corporation yard;
7. Newspaper carrier distribution
center, having an area not in excess of one-hundred (100)
square feet.
Directional tract sign means a temporary sign
not exceeding thirty-two (32) square feet in
area and fifteen (15) feet in height and containing only the name and location of a subdivision
and directions for reaching same. For the purposes of Section 17.54.080, directional tract sign
as defined herein is a principal use.
Drive-in business means a business activity consisting
of sales or service activity
predominately rendered to patrons who normally receive the product or utilize the service, at
least in part, while in automobiles upon the premises. This definition includes drive-in
restaurants and automobile car washes.
Drive-in restaurant means any eating establishment
which contains any of the following
characteristics:
1. The floor area available for public
use is less than one-half of the total floor area;
2. Has an outside service window;
or
3. Is designed for or uses service
to patrons while in automobiles on the premises.
Drive-in theatre means a place where automobiles
are admitted for a fee and parked so the
occupants can view a motion picture display while seated therein.
Dwelling means any building or portion of a building
which contains one or more dwelling
units. The term includes one-family dwelling, two-family dwelling and multiple dwelling.
Dwelling group means two or more separate one-family,
two-family or multiple dwellings
occupying a single building site.
Dwelling unit means a room, or a suite of connecting
rooms, designed for use as separate
living quarters or used as separate living quarters and constituted as a separate and independent
housekeeping unit and having its own kitchen facilities consisting of one or more of the
following: sink, cooking facility or refrigerator. Any detached structure containing a full bath
including a water closet, basin and shower or tub or containing a half bath including a water
closet and basin, the area of which half bath exceeds twenty (20) square feet, shall also be
considered a dwelling unit.
The term dwelling unit shall also include for
the purposes of this chapter a one-family
mobilehome constructed after July 15, 1976 and issued an insignia of approval by the U.S.
Department of Housing and Urban Development and permanently located on a foundation
system.
Effective lot frontage means whichever is smaller
of the following two specified dimensions
of a lot or a building site:
1. The length of the front lot line,
excluding any frontage on the stub end of a street where
there is no approved turning circle; or
2. The least lot width at any point
between the front line of the lot and the point at which the
median lot width is measured.
Elevation or level of one hundred (100) year flood
means the water surface elevation of the
one hundred (100) year flood as shown on officially adopted flood plain maps (as amended) of
Alameda County.
Flood means a temporary condition of partial
or complete inundation of normally dry land
areas.
Flood plain means the land adjacent to a watercourse
or body of water which has been or
may hereafter be covered by floodwater from flood flows associated with watercourses
conveying the regulatory one hundred (100) year flood.
Floodway means the channel of a stream and those
portions of the flood plain adjoining the
channel that are required to carry and discharge the flood flows associated with the regulatory
one hundred (100) year flood without raising the water surface elevation of that flood more than
one foot at any point, as shown on officially adopted flood plain maps (as amended) of Alameda
County.
Floor Area. See Section 17.52.900.
Grade is the lowest point of elevation of the
finished surface of the ground between the
exterior wall of the building and a point five feet distant from the said wall or the lowest point of
elevation of the finished surface of the ground between the exterior wall of the building and the
property line if it is less than five feet distant from said wall. In the case of walls parallel to
and
within five feet of a public sidewalk, alley, or other public way, the grade shall be the
elevation
of the sidewalk, alley, or public way.
Height of building means the vertical distance
between the average level of the highest and
lowest points of that portion of the lot covered by the building to the topmost point of the
structure.
Hog ranch means any premises where more than
three hogs, with any unweened litters, are
maintained.
Home occupation means an activity customarily
carried on by a resident of a dwelling unit,
when activity is incidental and subordinate to the use and maintenance of the dwelling unit as
living quarters, as regulated in Section 17.52.210.
Hospital means a general hospital as licensed
by the State Department of Public Health or
psychiatric or alcoholism hospital as licensed by the State Department of Mental Hygiene.
Hotel means a building other than a motel containing
six or more bedrooms where overnight
lodging, without individual cooking facilities, is offered to the public for compensation,
primarily for the accommodation of transient guests. A hotel shall not be deemed to be a hotel.
Interior lot means a lot other than a corner
lot.
Kennel means any premises where more than six
dogs or more than twelve (12) cats, over
the age of weaning, are boarded, kept, or otherwise maintained.
Key lot means the first lot to the rear of a
corner lot, the front lot line of which is a
continuation of the side lot line of the corner lot.
Lane means either (1) a public thoroughfare which
is not improved or maintained by the
state, the county or a city; or (2) any private road over which the different owners of three or
more separate lots have a common easement for vehicular passage extending to a street. The term
does not include any thoroughfare defined in this section as a street, or any driveway lying
entirely within a single building site.
Lot means a separate parcel of land shown and
identified as such on the records of the
county recorder or on the final map of an approved and recorded subdivision, excluding
therefrom, for the purposes of this chapter, any portion thereof which lies within a street, within
a lane, or within a fenced-off flood control easement.
Lot, Corner. Corner lot means a lot or a building
site in one ownership which is bounded on
two or more adjacent sides by street lines, or by a street line and a lot line abutting a lane, where
the angle of intersection does not exceed one hundred thirty-five (135) degrees.
Lot depth means the average horizontal distance
between the front lot line and the rear lot
line (or between two opposite front lot lines) measured on a line running in the general direction
of the side lot lines; provided, however, that if either side lot line has any angular change of
direction, it shall be measured along a straight line starting from the midpoint of the front lot line
so as to bisect the front half of the lot, and extended to the rear lot line.
Lot line means one of the boundary lines of a
lot or a building site. A street lot line is any lot
line abutting a street and for the purposes of this chapter, does constitute a boundary line of a lot
unless otherwise specified in the document creating the lot. The front lot line is a street lot line
upon which the effective lot frontage is required to be provided. On a corner lot, the shorter
street lot line is the front lot line, in the case of a square corner lot, either of the equal street
lot
lines may be designated to be the front lot line. An interior through lot abutting two
approximately parallel streets has two front lot lines. The lot line generally opposite the front lot
line is the rear lot line, and need not be a straight line. All other lot lines are side lot lines.
Lot width means the horizontal distance between
the side lot lines measured at a right angle
to the line along which lot depth is measured.
Main building means one on which is conducted
a principal use of the lot upon which it is
situated. A dwelling in any R district is a main building.
Manufactured home means a factory-assembled structure
or structures transportable in one
or more sections, that is built on a permanent chassis and designed to be used as a dwelling unit
with or without a permanent foundation acceptable to the authority having jurisdiction and where
connected to the required utilities, including but not limited to plumbing, electrical, heating and
air-conditioning contained therein and installed in accordance with Title 25.
Median lot width means the lot width at the midpoint
of the line along which the lot depth is
measured.
Medical or residential care facility means a
nursing and convalescent home as licensed by
State Department of Public Health, and includes residential care homes as licensed by State
Department of Social Welfare and the Alameda County Welfare Department. This term also
includes group living quarters housing persons placed by an authorized agency for rehabilitation
purposes and is funded by or licensed by or is operated under the auspices of an appropriate
federal, state or county governmental agency.
Mobilehome means a factory-assembled structure
or structures transportable in one or more
sections, that is built on a permanent chassis and designed to be used as a dwelling unit with or
without a permanent foundation where connected to the required utilities, including but not
limited to plumbing, electrical, heating and air-conditioning contained therein and installed in
accordance with Title 25.
Mobilehome park is any building site where one
or more mobilehome sites are rented or
leased or held out for rent or lease or for sale as a unit of a condominium to accommodate
mobilehomes used for human habitation.
Mobilehome site is that portion of a mobilehome
park designed or used for the occupancy of
one mobilehome.
Motel means a building, or group of one-story
or two-story buildings on the same lot or
building site, whether detached or in connected rows, containing bedrooms or dwelling units
independently accessible from the outside, which are occupied, or offered to the public to be
occupied, by automobile travelers. The term includes any building or group of buildings
designated as an auto court, motor lodge, tourist court or by any other title or sign intended to
identify it as providing for rental or over-night accommodation primarily to motorists.
Multiple dwelling means a building or portion
of a building containing three or more
dwelling units. (Nonconforming use, See Section 17.52.610)
Name plate means a sign which serves exclusively
to designate the name, or the name and
occupation of a person residing in the dwelling.
Obstruction means any dam, wall, wharf, embankment,
levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock,
gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood-hazard area such as a combining FW or FF district, which may
impede, retard, or otherwise adversely affect the flow of water or characteristics thereof, whether
in itself or by catching or collecting debris carried by such water, or that is placed where the flow
or water might carry the same downstream to the possible damage of life or property.
Officially adopted flood plain maps means the
boundaries of the flood fringe and floodway
and flood elevations, delineated on the county zoning map, based on maps prepared by the
county flood control and water conservation district and based on flood insurance rate maps of
the Federal Insurance Administration, U.S. Department of Housing and Urban Development.
One-family dwelling means a building containing
one and only one dwelling unit.
One hundred (100) year flood means the highest
level of flooding that, on the average, is
likely to occur once every one hundred (100) years in a given area (i.e., that has a one per cent
chance of occurring in any given year), as shown on officially adopted flood plain maps (as
amended) of Alameda County.
Outdoor recreation facility means a park, or
a playing field for active games, a golf course, a
swimming pool, a camp or picnic grounds, a vacation resort or guest lodge, or a neighborhood
recreation area, together with such buildings or uses as are accessory to the recreational use. The
term does not include drive-in theater, a drive-in business, carnival, circus or trampoline courts.
Ownership means possession of property in fee
by a person or persons, firm, corporation or
partnership, individually, jointly or in any other manner whereby the property is under single or
unified control. The person, firm, corporation or partnership exercising such ownership of a
parcel of land shall be referred to herein as the owner thereof.
Parking lot means any premises the principal
use of which is to provide a hard-surfaced
open space for the parking of passenger automobiles. (For parking spaces, See Sections
17.52.750--17.52.810)
Place of public assembly means any place designated
for or used in whole or in part for the
congregation or gathering of fifty (50) or more persons in one building whether such gathering be
of a public, restricted or private nature. Assembly hall, church, school auditorium, recreation
hall, or pavilion, place of amusement, dance hall, opera hall, motion picture house, established
for the consumption of food or drink, or other similar establishments are included in this term.
Planning director means the planning director
of this county or his designated
representative.
Principal use means a use permitted, excluded,
conditioned, or allowed to continue as a
nonconforming use by these regulations, as distinguished from an auxiliary or subordinate use
permitted only when accessory to another use lawfully occupying the same lot or building site.
Every dwelling in an R district is a principal use.
Private garage means a building or portion of
a building used for the parking of one or more
automobiles where the use is accessory to the principal use of the building or the premises
structure or an enclosed space that is accessory to a residential use, and that is intended for and
principally used to park and/or keep motor vehicle(s), and that accommodates legal and/or legal,
non-conforming parking space(s), and which is attached or detached from the primary residential
structure(s); other, incidental use(s) for a garage as defined herein are for the keeping and/or
storage of tools, equipment, personal belongings, and/or such appliances as washer/dryer, water
heaters, and heaters, which are directly under the care of and for personal use of a resident on the
property; provided that such incidental uses do not restrict or eliminate the principal use of the
garage.
Recycling center means a facility that collects,
sorts, and temporarily stores glass, metals
and other reusable materials. The term does not include any processing activity.
Recreational vehicle means a camp car, motorhome,
travel trailer or tent trailer, with or
without motive power, designed for human habitation for recreational or emergency occupancy,
with a living area less than two hundred twenty (220) square feet, excluding built-in equipment
such as wardrobes, closets, cabinets, kitchen units, or fixtures, bath and toilet rooms, and is
identified as a recreational vehicle by the manufacturer.
Race track means a facility for the competitive
or recreational use of motor vehicles which
are principally designed or commonly used for off-highway or recreational purposes.
Recreational vehicle park is any building site
where one or more sites are rented or leased or
held out for rent or lease for one or more days to owners or users of recreational vehicles.
Recreational vehicle site is that portion of
a recreational vehicle park designed or used for
the occupancy of one recreational vehicle.
Salvage yard means the use of more than two hundred
(200) square feet outside of a
building on any lot for the handling or storage of scrap metal, paper, rags or discarded, salvaged
or waste materials of any kind. The term includes automobile wrecking yards, used lumber yards,
junk yards and storage of salvaged house wrecking and structural steel materials and equipment,
but does not include yards for the storage or sale of operable used cars or machinery or the
incidental processing of used or salvaged materials where permitted, as part of a lawful
manufacturing or industrial use on the same premises.
Sanitary land fill means an engineering method
of disposing solid waste on land by
spreading the waste in thin layers, compacting it to the smallest practical volume and covering
the waste with earth each day in a manner which prevents environmental pollution.
Self-service laundry means an establishment where
the clothing of individual patrons is
laundered separately in coin-operated or automatic washing machines and dryers. The term
includes establishments containing dry cleaning units with a capacity not in excess of forty (40)
pounds and using non-inflammable fluids whose flash point is not less than 138.5 degrees
Fahrenheit. The term does not include any establishment which involves the use of a vehicular
pick-up or delivery service.
Remote testing facility means an outdoor facility
for testing electronic equipment where an
environment that is relatively free from radio frequency interference is a prerequisite for
successful testing. The term includes research and testing facilities of a low-intensity nature,
where there is a minimum of permanent construction and minimum impact on existing and
potential agricultural uses. Accessory buildings may be included.
Shelter means a building or structure, the use
of which is for the protection of persons
against blasts, fire, heat and radio-active fallout as described in Appendix 2, Annex 10, National
Shelter Plan of the United States Office of Civil and Defense Mobilization; but not as a place of
human habitation except during periods of natural disaster, enemy attack and authorized local,
state and federal civilian defense alerts, tests or other authorized activities. The term includes
both disaster and fallout shelters.
Sign, Advertising. Advertising sign means any
lettered or pictorial matter or device which
advertises or informs about a business organization or event, goods, products, services or uses,
not available on the property upon which the sign is located and does not include directional tract
sign or community identification sign.
Sign, Apartment Rental. Apartment rental sign
means a temporary sign located on a site to
advertise for initial occupancy of new apartment complexes.
Sign area means and is computed as, the entire
area within a single continuous rectilinear
perimeter of not more than eight straight lines enclosing the extreme limits of the sign; provided
that in the case of a sign with more than one exterior surface containing sign copy, the sign area
shall be computed as the sum of all exterior faces. Any structure or part of a structure which
departs from standard architectural procedures in an attempt to attract attention to the premises
by reason of color scheme, building shape or unusual architectural features shall be considered
sign area and subject to all pertinent regulations. Where two advertising signs are located on the
same supporting members and the two faces of the signs are at no point more than two feet from
one another, each face shall be considered a single sign.
Sign, Business. Business sign means any lettered,
figured or pictorial matter or device which
serves to identify and indicate pertinent facts concerning a business, professional service,
manufacturing or industrial enterprise lawfully conducted on the same premises. The term
excludes the advertisement of products not handled or services not available on the premises.
Sign, Community Identification. Community identification
sign means a sign serving to
identify or otherwise describe a city or an unincorporated community. Community identification
signs are regulated by Section 17.52.530.
Sign, Directional Tract. Directional tract sign
means a temporary sign containing only the
name and location of a subdivision and directions for reaching the same. For the purposes of
Section 17.54.080 directional tract sign as defined herein is a principal use.
Sign, Freestanding. Freestanding sign means a
sign supported from the ground by a structure
installed primarily for the purpose of supporting the sign. A sign attached to or painted on a
fence shall be considered a freestanding sign.
Sign, Identification. Identification sign means
a sign or device on the premises which serves
exclusively to designate the name or the name and use of a public or semi-public building, or of a
community facility, medical or residential care facility, multiple dwelling or dwelling group, or
mobilehome park, or to inform the public as to the use of a lawful parking area, recreation area,
or other open use permitted in the district. The term may include bulletin boards for churches or
auditoriums.
Sign, Pedestrian. Pedestrian sign means any lettered,
figured, or pictorial matter or device
which is oriented towards pedestrian traffic and serves to identify and indicate pertinent facts
concerning a business or professional service lawfully conducted on the same premises.
Sign, Political. Political sign means a sign
placed on the premises for the sole purpose of
advocating the election of a declared candidate for public office, or relating to an election
proposition on the ballot.
Sign, Projecting. Projecting sign means a sign
which projects twelve (12) inches or more
beyond the wall or other vertical surface of the building or structure to which it is attached.
Sign, Sale or Lease. Sale or lease sign means
a sign which serves exclusively to indicate,
with pertinent information the offer for sale or lease of the real property or premises upon which
it is located, or the original sale or lease of the real property in a tract or subdivision upon which
the sign is located. A directional tract sign when not located in the tract or subdivision shall not
be deemed to be a sale or lease sign.
Sign, Service Station Price. Service station price
sign means a sign indicating gasoline
prices and available services when accessory to an existing service station.
Sign, Shopping Center Master Identification. Shopping
center master identification sign
means an on-site identification sign for a shopping center.
Sign, Subdivision Sale, Rent or Lease. Subdivision
sale, rent or lease sign means a
temporary sign located within the boundaries of a subdivision to advertise the original sale,
rental, or lease of building lots or dwellings.
Sign, Wall. Wall sign means a sign attached to,
erected against or painted on a building or
similar structure, and not extending above or outward from the building face or parapet or
structural canopy more than twelve (12) inches. Additionally, signs not extending more than
thirty (30) inches from a wall parapet or roof, located below the height of the roof of the building
to which they are affixed, may be considered a wall sign if approved by site development review
pursuant to Section 17.54.210 of this title.
Sign, Wind. Wind sign means flags, banners, pennants
or other similar devices which
consist of any material made in any shape, which are fastened together or placed in such manner
as to move by wind pressure.
Storage garage means a building or portion of
a building available to the general public for
the storage of personal property as distinguished from any property stored prior to sale or
distribution in conjunction with a business enterprise.
Story means that portion of a building included
between the upper surface of any floor and
the upper surface of the floor next above except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof above. If
the finished floor level directly above a basement, cellar, or unused underfloor space is more than
six feet above grade as defined herein, or more than fifty (50) percent of the total perimeter, or is
more than twelve (12) feet above grade as defined herein at any point, such basement, cellar, or
unused underfloor space shall be considered a story.
Street means a public thoroughfare improved and
maintained by the state, the county or city,
or thoroughfare the design and improvement of which has been approved by the planning
director, which affords the principal means of access to abutting property. (See also Lane)
Structural alteration means any change in the
supporting members of a building, such as
bearing walls, columns, beams, girders.
Structure means anything constructed or erected,
the use of which requires location on the
ground or attachment to something having location on the ground.
Tavern means any premises where alcoholic beverages
are offered for sale for consumption
on the premises as its principal function, including: restaurants having a separate bar or lounge
area; a restaurant with a bar located within the restaurant seating area; a restaurant which offers
happy hour for alcoholic beverages or where alcohol sales are in any way promoted; or, a
restaurant which advertises the sale of alcohol in any way other than on the menu; a winery,
pursuant to its definition in this section, is exempted.
Travel trailer means a vehicle other than a motor
vehicle, which is designed or used for
human habitation and which may be moved upon a public highway without a special permit
without violating any provision of the Vehicle Code.
Two-family dwelling means a building containing
two and only two dwelling units.
Use means the purpose for which land or premises
or a building is designed, arranged or
intended, or for which it is or may be occupied or maintained let or leased.
Useable open space means the area on a building
site designed and reserved for outdoor
living, recreation, pedestrian access and planting, calculated pursuant to Section 17.52.390.
Winery or olive oil mill means a
commercial, bonded facility for the fermentation and
processing of grapes or other produce into wine, or the refermentation of still wine into sparkling
wine, or processing of olives into olive oil. The term includes accessory uses such as
administrative offices, cooperage and maintenance facilities. The term includes wine (olive oil)
marketing activities that are consistent with the other limitations in this definition. The term
includes a winery (olive oil mill) visitor center: a day use facility which may include winery
(olive oil mill) tours and wine tasting, retail sales of wine (olive oil) and wine-related items,
display of historical or educational items related to the wine region, or art, etc. not to exceed
thirty (30) percent of the floor area of the winery (olive oil mill) visitor center accessible to the
public. The term includes sale or complementary food service and picnic facilities limited to cold
foods prepared off-site, such as bread, cheese, crackers, sandwiches or salads, in conjunction
with wine tasting and wine sales, provided such food service remains incidental and subordinate
to the wine tasting and wine (olive oil) sales.
Winery (or olive oil mill) related uses means
various uses accessory to a winery (olive oil
mill) which must be clearly incidental and subordinate to the primary winery (olive oil mill) use.
The term includes various temporary, cultural and social events (catered banquets, receptions,
concerts, food and wine festivals, races, etc.) that would not compromise the primary agricultural
or appearance of the property. The term includes wine (olive oil) marketing activities that are
otherwise disallowed by the definition of winery or olive oil mill. The term includes up to two
overnight room accommodations for use by winery (olive oil mill) business associates.
Yard means any space on the same lot with a building
which space is open and unobstructed
from the ground upward except as otherwise provided in Section 17.52.330 for required yards.
Yard, Front. The measurement of the required depth of a front
yard, or the required width of
the street side yard of a corner lot, shall be horizontal and inward from the street lot line at a right
angle; provided, however, that where any street s official right-of-way line, or any future width
line pursuant to prior code Section 8-80.0, traverses the building site, the measurement here
specified shall be taken from such right-of-way line, such future width line or from the street lot
line, whichever line is located a greater distance from the center line of the street. Through lots
have two front lot lines, from each of which a front yard shall be measured.
Yard, Rear. The required rear yard is the horizontal measurement
inward from the rear lot line
at a right angle. Where the side lot lines converge, or nearly converge, a line ten feet long within
the lot, parallel to the front lot line and at a maximum distance therefrom shall be deemed to be
the rear lot line for the purposes of this section. The rear yard shall extend across the full width
of the rear of the building site.
Yard, Required. Required yard means that portion
of any yard which fulfills the yard
requirements of this chapter; or in the case of an existing deficiency, all of such existing deficient
yard.
Yard, Side. The required side yard is the horizontal measurement
inward from the side lot line
at a right angle. The required width of a street side yard shall be the horizontal measurement
inward and at a right angle from the street lot line. The side yard shall extend along the side lot
line from the front lot line to the rear lot line.
Zoning Administrator. The planning director is designated
as the zoning administrator, except
that he may designate an assistant to act as zoning administrator, who may exercise all the
powers of the zoning administrator. (Ord. 2004-97 § 1; Ord. O-2003-47 § 1; Ord. 2002-60 §
1
(part); Ord. 96-15 § 1 (part): Ord. 93-86 § 3; Ord. 93-33 § 1; prior gen. code §§
8-20.0--8-23.8)