Chapter 10.212 DEFINITIONS
Section 10.212.030 Definitions
ABUTTING: Two or more parcels sharing a common boundary of a least one point.
ABANDONED: To cease or suspend from developing or maintaining a building or use
for a
stated period of time.
ACCESS: Safe , adequate, and usable ingress or egress to a property or use.
ACCESSORY STRUCTURE: A structure containing no kitchen or bathroom and located
upon
the same lot or parcel as the principal use or structure to which it is an accessory. The structure
is customary, incidental, and subordinate to the use of the principal building, or the principal use
of the land. All accessory structures shall be constructed with, or subsequent to, the construction
of the principal structure or activation of the principal use.
ADJACENT TO: Properties which are next to each other sharing a common property
line.
ADULT DAY CARE: Any facility of any capacity which provides non medical care and
supervision to adults on less than a 24-hour per day basis.
AGRICULTURAL ACCESSORY STRUCTURES: Those uses and structures customarily
incidental and subordinate to the agricultural use of the land, including: barns, storage sheds,
corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm
implements, irrigation, and crop-protection equipment; the storage and use of fuels for heating
buildings and operating farm equipment or appliances; water and waste water treatment facilities
and systems for private uses and structures which are determined by the Planning and Building
Director to be necessary, customary, and incidental to the agricultural use of the lot or parcel.
Agricultural accessory uses shall not include construction equipment storage yards.
AGRICULTURAL OPERATIONS: The cultivation and tillage of soil, dairying, the production,
irrigation frost protection, cultivation, growing, harvesting, and processing of any agricultural
commodity, including timber, viticulture, agriculture, horticulture, the raising of livestock, fur-bearing
animals, fish, or poultry, and any commercial practices incidental to, or in conjunction
with, such agricultural operations, including preparation for market, delivery to storage or to
market, or to carriers for transportation to market.
AIRPORT: Any area of land or water designated and set aside for the landing and
taking off of
aircraft and utilized in the interest of the public for such purposes, a map of which has been or is
hereafter included as a part of the Zoning Map of the City of Tulare.
AIRPORT ELEVATION: The elevation of the highest point on the usable or designed
runway
as established by the City Engineer.
AIRPORT HAZARD: Any structure, tree, or use of land which obstructs the airspace
required
for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such
landing or taking off of aircraft.
AIRPORT REFERENCE POINT: The point established at the approximate geographic
center
of the airport landing area and so designated.
ALLEY: A public way permanently reserved as a secondary means of vehicular access
to
abutting property.
ALTER: To make any change in the supporting or load bearing members of a
building, such as
bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure.
AMUSEMENT MACHINE: Any mechanical or electronic machine, apparatus, contrivance,
appliance, or device which may be operated or played upon the placing or depositing therein of
any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance
of or after use, involving in its use either skill or chance, including but not limited to a tape
machine, card machine, pinball machine, bowling game machine
shuffleboard machine, marble
game machine, horse racing machine, basketball game machine, baseball game machine, football
game machine, an electronic video game, or any other similar machine or device except for a
billiard or pool table, music machine, or a merchandise vending machine.
ANCILLARY USE A use incidental to and customarily associated with a specific principal
use,
located on the same lot or parcel.
ANIMAL HOSPITAL: A facility where animals or pets are given medical or surgical
treatment
and are cared for during the time of such treatment; the ancillary use of the premises as a kennel
or a place where animals or pets are boarded for remuneration.
ANNEXATION: The incorporation of a land area into an exiting community with
a resulting
change in the boundaries of that community.
ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices
used for the
transmission or receiving of electromagnetic radio frequency waves, including antennas or
towers used for transmitting or receiving television, radio, citizens band or cellular phone
communication. An antenna can be affixed to or supported by a roof or exterior wall of a
building or other structure or an antenna can be ground mounted, which is supported by a
platform, framework, pole, or other structural system that is affixed to or placed directly on or in
the ground.
ANTI-DRAIN VALVE (CHECK VALVE): A valve located under a sprinkler head to hold
water in the system so it minimizes drainage from the low elevation sprinkler heads.
APEX: The point of highest elevation on an alluvial fan, which on undisturbed
fans is generally
the point where the major stream that formed the fan emerges from the mountain front.
APPLICATION RATE: The depth of water applied to a given area, usually measured
in inches
per hour.
ARCADE: A place of business having four (4) more amusement machines.
AUTOMATIC CONTROLLER: A mechanical or solid timer, capable of operating valve
stations to set the days and length of time of a water application.
BACKFLOW PREVENTION DEVICE: A safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation system.
BALLOON OR BLIMP: An airtight bag, possibly rigid or semi-rigid, which will rise
and float
above the earth when filled with hot air or gas.
BLOCK: The properties abutting on one side of a street and lying between the two
nearest
intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way,
unsubdivided land or water course.
BUILDING: Any structure having a roof supported by columns or walls, for
the housing or
enclosure of persons, animals or chattels or property of any kind.
BUILDING FACE: The exterior surface of any building, regardless of frontage.
BUILDING FRONTAGE: The building elevations facing a street, plaza or mall. Where
the
building contains multiple uses, it shall be linear frontage of that portions of the building
between the occupancy separation walls.
BULLETIN BOARD: A permanently constructed sign containing a surface area that
may have
interchangeable letters, words, or numerals displaying the name of the institution, events
conducted upon and/or services offered upon such premises.
CHURCH: A building, together with its accessory buildings and uses, where persons
regularly
assemble for worship and which building, together with its accessory buildings, and uses, is
maintained and controlled by a religious body organized to sustain public worship.
CO-LOCATION: The location of two or more wireless communication facilities on
a single
support structure. Co-location shall also include the location of wireless communication
facilities with other facilities, including water tanks, light standards, and buildings.
COMBINING DISTRICTS: Zones or geographical areas in Tulare that may require special
regulations or treatment due to unique features, resources or hazards. These districts may be
combined with any district identified in this Ordinance. For purposes of identification, districts
that are joined with a combining district shall be suffixed with the name of the combining
district.
COMMUNITY CARE FACILITY: Any facility place or building providing non medical
care
and supervision.
COMMERCIAL ACCESSORY STRUCTURES: Those uses and structures incidental and
subordinate to the commercial use of the land including: trash storage areas and bins; vending
machines; required loading and unloading facilities; outdoor tables, benches, umbrellas,
fountains, ponds, statues, sculptures, paintings, and other works of art; radio and television
antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating
buildings or for the operation of appliances or equipment used within a building; sales offices,
showrooms and administrative offices; permitted signs; the storage and use of commercial fleet
vehicles as part of the principal use; and other accessory uses and structures which are
determined by the Planning and Building Director to be necessary, customary and incidental to
the commercial use of the land.
COMMUNICATIONS EQUIPMENT BUILDING: A building housing electrical and
mechanical equipment necessary for the conduct of a public communication business with or
without personnel.
COMMUNICATION TOWER: Any structure which is used to transmit or receive
electromagnetic radio frequency waves or that supports such a device.
CONDITIONAL USE: A use permitted in a particular zoning district only upon showing
that
such use in a specified location will comply with all the conditions and standards for the location
or operation of such use as specified in the Ordinance and authorized by the Planning
Commission. Requires a Conditional Use Permit be obtained.
DENSITY BONUS: An increase in units of at least 25 percent over the otherwise
maximum
allowable residential density under the Ordinance or Tulares Land Use Element of the General
Plan.
DEVELOPER INCENTIVES:
1. Reduce or eliminate standards contained in the Subdivision Ordinance or the
City of
Tulare Standards and Specifications Manual
2. Reduce or eliminate Ordinance requirements,
including open space, lot size, setback, or
parking standards.
3. Reduce or
eliminate any design requirements exceeding Uniform Building Code
specifications.
DEVELOPMENT: Any man-made changes to improved or unimproved real estate, including
but
not limited to buildings or other structures, mining, dredging , filling, grading, paving, excavation
or drilling operations or storage of equipment or materials.
DEVELOPMENT AGREEMENT: A contract duly executed and legally binding between the
City of Tulare and a developer that delineates the terms and conditions agreed upon by the two
parties.
DWELLING: A structure or portion thereof designed for or occupied for residential
purposes
whether for one family, several families, roomers or boarders, but for purposes of this definition
specifically not to include automobile trailers, hotels, motels, labor camps, tents, railroad cars,
converted transit vehicles, mobile homes, except for the purposes of the MH District, or any type
of temporary structure.
DWELLING, MULTIPLE-FAMILY: A structure containing more than one dwelling unit,
designed for occupancy or occupied by more than one family.
DWELLING, SINGLE-FAMILY: A building containing one dwelling unit.
DWELLING UNIT: One or more rooms and a single kitchen, designed for occupancy
by one
family for living and sleeping purposes.
ELECTRIC DISTRIBUTION SUBSTATION: An assembly of equipment which is part of a
system for the distribution of electric power where electric energy is received at a
subtransmission voltage and transformed to a lower voltage for distribution for general consumer
use.
ELECTRIC TRANSMISSION SUBSTATION: An assembly of equipment which is part of a
system for the transmission of electric power where electric energy is received at very high
voltage from its source of generation by means of a network of high voltage lines, and where,
by
a means of transformers, said high voltage is transformed to a lower subtransmission voltage for
purposes of supplying electric power to large individual consumers, interchange connections
with other power producing agencies or electric distribution substations for transformation to
still lower voltages for distribution to smaller individual users.
FAMILY: An individual or two or more persons related by blood, marriage or adoption
or a
group of not more than five (5) persons, not including servants, who need not be related by
blood, marriage or adoption, living as a single housekeeping unit.
FARM EMPLOYEE HOUSING: Living quarters, including dwellings, sleeping
accommodations and dining facilities, maintained for occupancy by persons employed
principally in farming and related pursuits on land owned, leased or rented by the owner, lessee
or tenant of the site on which the farm employee housing is located; excepting a labor camp and
trailer park.
FARMING: see AGRICULTURAL OPERATIONS
FLOOR AREA, GROSS: A sum of the gross horizontal areas, in square feet, of the
several
floors of a building, including interior balconies and mezzanines, but not including the horizontal
area occupied by any wall, inner court or shaft enclosure.
GARAGE, PRIVATE: An accessory structure or a portion of a main structure used
only for the
storage of self-propelled passenger vehicles or trailers by families residing upon the premises;
provided that not more than one-half of the space may be rented for the private passenger
vehicles of persons not residing on the premises, except that all of the space in a garage of one or
two car capacity may be so rented.
GARAGE, REPAIR: A structure or part thereof other than a private garage where
motor
vehicles are repaired or painted.
GARAGE, STORAGE: A structure or part thereof used for the storage, parking or
servicing of
motor vehicles, but not for the repair thereof.
GROUND COVER: A planting of low plants (as ivy) that covers the ground in
place of turf.
GUEST HOUSE; Living quarters within an accessory structure for use by temporary
guests of
the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise
used as a separate dwelling.
HEIGHT: Used for the purpose of determining height limits in all zones set forth
in Chapter
10.24, means the vertical elevation in feet above the established airport elevation unless
otherwise noted.
HELIPORT PRIMARY SURFACE: The area of the primary surface coincides in size and
shape
with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal
plane at the elevation of the established heliport elevation.
HIGHEST ADJACENT GRADE: the highest natural elevation of ground surfaces prior
to
construction next to the proposed walls of a structure.
HOME OCCUPATION: Any use conducted entirely within a dwelling and carried
on by the
inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for
dwelling purposes and does not change the character thereof or adversely affect the uses
permitted in the residential district of which it is a part; which creates no additional vehicular or
pedestrian traffic, requires no additional parking space, generates no noises audible beyond the
site, causes no radio or television interference; where no persons are employed other than
domestic help, and no mechanical equipment is used other than that necessary for domestic
purposes; no materials, equipment and/or supplies are stored outdoors other than such storage
normally associated with the residential use of the property. For purposes of this definition,
the
storage of not more than one (1) ton capacity shall be deemed as normally associated with
residential use the property.
HOTEL: A structure or portion thereof in which there are individual guest rooms
or suites,
usually occupied on a transient basis, where lodging with or without meals is provided for
compensation.
HOUSING DEVELOPMENT: One or more groups of residential projects that each have
more
than five units.
INDUSTRIAL ACCESSORY STRUCTURES: Those uses and structures incidental and
subordinate to the industrial use of the land including: loading and unloading facilities and
equipment, parking areas and shipping terminals; water and waste water treatment facilities and
systems; incidental services swishes cafeterias; storage facilities and garages, sales office,
showrooms, and administrative offices; radio and television antennas, private satellite dish
antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of
appliances or equipment used within a building; the storage of fully operative fleet vehicles,
heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses
and structures which are determined by the Planning and Building Director to be necessary,
customary and incidental to the industrial use of the land.
IMMEDIATE FAMILY: Immediate family shall include spouse, parent or step-parent,
brother
or step-brother or half-brother, sister or step-sister or half-sister, child or step-child, or
grandparents.
INHERENT PROBLEMS: Shall mean problems associated with agricultural operations,
including but not limited to, noise, odors, dust, chemicals, smoke, and extended hours of
operations.
INSTITUTION: shall mean all governmental, religious, and charitable organizations.
JUNK YARD: A site or portion of a site which waste, discarded or salvaged materials
are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used
furniture and household equipment yards, house wrecking yards, used lumber yards and the like;
excepting a site which such uses are conducted with a completely enclosed structure and
excepting a motor vehicle wrecking yard as defined in this section. An establishment for the
sale, purchase or storage of used cars of salvaged
machinery in operable condition and the processing of used or salvage materials as part
of a
manufacturing operation shall not be deemed a junk yard.
LABOR CAMP: Living quarters including dwellings, tents, bunkhouses, maintenance
of way
cars, trailers coaches or other housing accommodations, maintained in connection with any work
or place where work is being performed and the site on
which they are located, and/or a site set aside and provided for camping of five (5)
or more
employees by a labor contractor; excepting farm employee housing as defined in this Section.
LANDSCAPING: The addition of lawns, trees, plants, and other natural and decorative
features
to land.
LANDING AREA: The area of an airport used, or to be used, for the landing, taking
off, or
taxiing of aircraft.
LARGE FAMILY CHILD CARE: May be licensed for a capacity of up to 12 or 14 (in
a
24 hour period). If licensed for 12, no more than 4 may be infants (0 to
2 years). If licensed for
14, 2 children must be at least 6 years of age and no more than 3 may be infants. The licensee
and assistant providers children under age 10 are always counted in the capacity.
LODGE OR CLUB: An association of persons, whether incorporated or unincorporated,
for
some common purpose, but not including groups organized to render a service carried on as a
business.
LOT, CORNER: A site bounded by two (2) or more adjacent street lines which have
an angle of
intersection of not more than one hundred thirty five degrees (135°).
LOT, INTERIOR: A lot other than a corner lot.
LOT, KEY: The first lot to the rear of a reversed corner lot whether or not
separated by an alley.
LOT, REVERSED CORNER: A corner lot whose side street line is substantially
a continuation
of the front lot line of the first lot to its rear.
LOT LINE, FRONT: The property line dividing a lot from a street. On a
corner lot the shorter
street frontage shall be considered the front lot line.
LOT LINE, REAR: The property line opposite the front lot line.
LOT LINE, SIDE: Any lot lines other than front lot lines or rear lot lines.
LOW INCOME HOUSEHOLD: Those units targeted for this category of household that
shall be
affordable at a rent that does not exceed 30 percent of 60 percent of the Tulare County median
income.
MASSAGE ESTABLISHMENTS: Any establishments wherein massage is given engaged
in or
carried on or permitted to be given, engaged in or carried on in any business of giving baths of
any kind, nature of sort whatsoever where the body is rubbed or there is any manipulation of the
body or similar procedure given.
MEDICAL BUILDINGS: Clinics or offices for doctors, dentists, oculists, chiropractors,
osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory
laboratories and a prescription pharmacy but not including offices for veterinarians.
MOBILE HOME: A structure, transportable in one or more sections, that is built
on a permanent
chassis and is designed to be used as a single family dwelling unit with or without a foundation.
Mobilehome does not include a recreational vehicle, commercial coach, or factory-built home.
MOBILEHOME PARK: An area or parcel of land where three or more mobilehomes
or
mobilehome sites are rented or leased or held out for rent or lease fro human habitation.
Mobilehome parks may contain accessory facilities: including recreation facilities; meeting
rooms; parking lots for boats, recreational vehicles, and other vehicles; administrative offices and
other accessory structures associated with mobilehome parks.
MOTEL: A structure or portion thereof or a group of attached or detached structures
containing
individual guest rooms, suites or dwelling units, usually occupied on a transient basis and usually
with garage attached or parking space located in proximity to each unit, where lodging is
provided for compensation.
MOTOR VEHICLE WRECKING YARD: A site or portion of a site on which the dismantling
or
wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of
dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two (2)
or
more motor vehicles which have not been capable of operating under their own power for thirty
days or more or, in the case of vehicles not self-propelled, which have not been towable or from
which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor
vehicle wrecking yard.
MURAL: A permanent picture painted directly on an exterior wall or on panels
to exterior walls.
MURAL PROJECT PERMIT: A permit issued by the City of Tulare to a private party
authorizing the painting of a mural within the City of Tulare.
NEW CONSTRUCTION: Structures for which the start of construction commenced
on or
after effective date of this ordinance and includes any subsequent improvements to such
structures.
NON-CONFORMING USE: A use of a structure or land which was lawfully established
and
maintained prior to the adoption of this Ordinance, but does not conform with the use regulations
for the district in which it is located.
NON-CONFORMING USE (AIRPORT): Any structure, tree or use of land which does not
conform to the provisions of Chapter 10.100 at the time said chapter is made applicable to a
particular airport.
NON-CONFORMING STRUCTURE: A structure which was lawfully erected prior to the
adoption of this Ordinance but does not conform with the development standards, including
coverage, yard spaces, height of structures, or distances between structures, of the district in
which the structure is located.
NURSERY SCHOOL: The use of a site or portion of a site for an organized program
devoted to
the education or day care of five (5) or more pre-elementary school age children other than those
residing of the site.
NURSING HOME: A structure operated as a lodging house in which nursing, dietary
and other
personal services are rendered to convalescent, invalids, or aged persons not including persons
suffering from contagious or mental diseases, alcoholism or drug addiction and in which surgery
is not performed and primary treatment, such as customarily is given in hospitals and
sanitariums, is not provided. A convalescent home or a rest home shall be deemed a nursing
home.
OFF-SITE HAZARDOUS WASTE FACILITY: A hazardous waste facility that is not an on-site
facility.
ON-SITE HAZARDOUS WASTE FACILITY: A hazardous waste facility in which a hazardous
waste is produced and which is owned by, leased to or under the control of the producer of
waste. For purposes of Chapter 10.164, an on-site hazardous waste facility does not involve the
disposal of hazardous wastes by either landfilling or incineration.
OUTDOOR ADVERTISING STRUCTURE: A structure of any kind or character erected or
maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be
placed, located on a site other than the site on which the advertised use is located or on which the
advertised product is produced.
PERSON: Any individual, firm, co-partnership, corporation, company, association,
joint stock
association, city, county, or district, and includes any trustee, receiver, assignee, or other similar
representative thereof.
PITCH: (or peak) shall mean the highest point as in the highest point of a roof.
PRE-ZONING: Delineate the zoning of an unincorporated territory prior to annexation
by the
City.
PRIMARY SURFACE: A surface longitudinally centered on a runway. When the
runway has a
specially prepared hard surface, the primary surface extends 200 feet beyond each end of that
runway; but when the runway has not specially prepared hard surface, or planning hard surfaced,
the primary surface ends at each end of that runway. The width of the primary surface of a
runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for
the most precise approach existing or planned for either end of that runway. The elevation of
any
point on primary surface is the same as the elevation of the nearest point on the runway
centerline.
RAILROAD RIGHT-OF-WAY: A strip of land of a maximum width of one hundred feet
(100')
only for the accommodation of main line or branch line railroad tracks, switching equipment and
signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings,
section gang and other employee housing, yards or other uses are located.
RAIN SENSING DEVICE: A system which automatically shuts off the irrigation system
during
periods of rain.
RECORD DRAWINGS: A set of reproducible drawings which show significant changes
in the
work made during construction and which are usually based on drawings marked up in the field
and other data furnished by the contractor.
RECREATIONAL AREA: An active play area, including sport fields, school yards,
picnic
grounds or other areas where sport, outdoor or recreational activities take place.
RECREATIONAL VEHICLE: A motor home, travel trailer, truck camper or camping trailer,
with or without motor power, designed for human habitation for recreational purposes with a
living area less than 220 square feet.
RECYCLABLE MATERIAL: Reusable material including but not limited to metals, glass,
plastic and paper, which are 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
Section 25250.11 and 25143.2(b) (4) of the California Health and Safety Code.
RECYCLING COLLECTION FACILITY: A center for the acceptance by donation, redemption,
or purchase, of recyclable materials from the public. Such facility shall not complete any
processing except limited bailing, batching and the sorting of recyclable material and shall be
classified as either a small collection or large collection facility.
RECYCLING FACILITY: A center for the collection and/or processing of recyclable materials.
A certified recycling facility or certified processor means a recycling facility certified by the
Department of Conservation as meeting the requirements of the California Beverage Container
Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage
containers or processing activity located on the premises of a residential, commercial or
manufacturing use use and used solely for the recycling of material generated by that residential
property, business or manufacturer. Recycling facilities are either collection facilities or
processing facilities.
RECYCLING LARGE COLLECTION FACILITY: A collection facility which occupies an area
of more than 200 square feet and may include a mobile unit, bulk reverse vending machine or a
grouping of reverse vending machines, a kiosk type unit which may include a permanent
structure, or an unattended container placed for the donation of recyclable materials.
RECYCLING PROCESSING FACILITY: 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-users specifications, by such means as baling, briquetting,
impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and
remanufacturing.
RECYCLING SMALL COLLECTION FACILITY: A collection facility which occupies an area
of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine
or a grouping of reverse vending machines, a kiosk type unit which may include a permanent
structure, or an unattended container placed for the donation of recyclable materials.
RESIDENTIAL CARE FACILITY FOR THE ELDERLY: A housing arrangement chosen
voluntarily by the resident the resident's guardian, or conservator or other responsible person;
where 75 percent of the residents are sixty (60) years of age or older and where varying levels of
care and supervision are provided, as agreed to at time of admission or as determined necessary
at subsequent times or as determined necessary at subsequent times of reappraisal. any younger
residents must have needs compatible with other residents.
REVINE: Relating to, formed by, or resembling a river (including tributaries),
stream, brook,
etc.
RIGHT-OF-WAY: 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.
RUNWAY: The paved surface of an airport landing area designated for the landing
or taking off
of aircraft.
SATELLITE DISH ANTENNA: A satellite earth station consisting of a receiving component
of
a disc or similar configuration whose purpose is to receive television signals from orbiting
satellites or other sources and a low-noise amplifier whose purpose is to magnify television
signals.
SECOND RESIDENTIAL UNIT: A second residential unit, or granny flat is either a
detached or
attached dwelling unit which provides complete, independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the primary residence. It shall not exceed 640 square feet in
floor area.
SERVICE STATION: A facility which supplies gasoline and diesel fuel to motor vehicles,
and
may include grease racks or elevators, wash racks or pits, tire repairs, battery servicing and
repairing, ignition service, sales of motor vehicle accessories and other customary services for
automobiles, but excluding painting and body work.
SENIOR HOUSEHOLD: Those units that have at least one person occupying the residential
unit
that is at least 55 years of age or older.
SETBACK: See Yard, Front, Yard, Rear, or Yard, Side.
SIGN: Any medium, including its structure and component parts, which is used,
or intended to
be used, to attract attention to the subject matter for advertising purposes and shall include any
announcement, declaration, demonstration, display, illustration, insignia, surface, or space when
erected, painted, or maintained in view of the general public for identification, advertisement, or
the promotion of the interests of any person.
SIGN, ACCESSORY: A sign that serves a directional or information need.
SIGN, CANOPY: A sign mounted or painted on a canopy.
SIGN, DIRECTIONAL: A sign directing pedestrians or vehicles to specific on-site
locations,
such as parking spaces, special drive-up or walk-up services, public restrooms, and the like.
SIGN, DIRECTORY: A sign erected to display the names of occupants engaged in professions
or businesses residing within such premises.
SIGN, FREESTANDING: A sign not attached to a building that is constructed upon,
or affixed
to, the ground by means of columns, poles, or similar structural components.
SIGN, FREEWAY: A freestanding sign designed to be viewed from vehicles traveling
State
Route 99 and located within 300 feet of State Route 99.
SIGN, ILLUMINATED: A sign in which a source of light is used in order to make
the message
readable. This shall include internally and externally lighted signs and reflectorized, glowing,
or
radiating signs.
SIGN, MEMORIAL OR TABLET: Signs or tablets displaying the names of buildings and
dates
of erection when cut into masonry surfaces or constructed of bronze or other incombustible
materials mounted on a solid base or one or more uprights.
SIGN, MONUMENT: A sign generally located flush with the ground or upon a base
but
otherwise having a clearance from the ground of not more than 2 feet and supported by a solid
base or one or more uprights.
SIGN, OFF-PREMISE: A sign located on a site other than the same site as the business
or entity
being advertised.
SIGN, LEGAL, NON-CONFORMING: A sign which existed as a legal sign prior to the
effective date of this ordinance which is in conflict with the provisions of this chapter and
continues to advertise a bona fide fide business.
SIGN, PRIMARY: A sign that carries the identification of the business name,
a primary
product, or service.
SIGN, PROHIBITED, NON-CONFORMING: A sign which existed as a legal sign prior to
the
effective date of this ordinance which is in conflict with the provisions of this chapter but no
longer advertises a bona fide business which is in conflict with the provisions of this Chapter.
SIGN, PROJECTING: A sign attached to, and projecting from, the face of, or above,
or upon,
the roof of a building, structure, canopy, or marquee.
SIGN, ROOF: A sign erected upon a roof, or parapet wall of a building, and which
is wholly or
partially supported by said building.
SIGN, TEMPORARY: A sign constructed of expandable material such as paper, plastic,
cloth,
or wood intended to be displayed for a short period of time. Pennants, banners, and similar
devices are also included in this category.
SIGN, TIME AND TEMPERATURE: A sign which displays the current time or outdoor
temperature, or both, and which does not display any commercial advertising or identification.
SIGN, UNDER-CANOPY: An identification sign attached to the underside of a canopy
or
marquee, protruding over public or private sidewalks or rights-of-way.
SIGN, WALL: A sign which is attached directly to, and parallel with, the building
face or
painted upon the wall, awning or marquee of a building or structural part thereof.
SIGN, WINDOW: A sign painted, printed, attached, glued, or otherwise affixed to
a window.
SIGN AREA: The total surface space within a single continuous rectilinear perimeter
containing
words, letters, figures, or symbols, together with any frame, material, or color forming an integral
part of the display, but excluding support structures, the face of a building, and incidental parts
not drawing attention to the subject matter.
SIGN HEIGHT: The distance from the curb grade at the base of the sign to the top
of its highest
element.
SIGN STRUCTURE: A structure which supports a sign.
SITE: A parcel of land, subdivided or unsubdivided, occupied or to be occupied
by a use or
structure.
SITE AREA: The total horizontal area included within the property lines of a site.
SITE DEPTH: The horizontal distance between the front and rear property lines
of a site
measured along a line midway between the front side property line.
SITE WIDTH: The horizontal distance between the side property lines of a site
measured at
right angles to the depth at a point midway between the front and rear property lines.
SLIMLINE MONOPOLE: A single, slim antenna pole not exceeding 1.5 feet in diameter
at the
base of the antenna or pole and one foot in diameter at the top of the antenna or pole.
SMALL FAMILY CHILD CARE HOME: Small family child care homes may be licensed
for a
capacity of up to 6 or 8. If licensed for 6, a provider may care for no more than 3 infants or
4
infants only (0 to 2 yrs). If licensed for 8, 2 children must be at least 6 years of age and no
more
than 3 may be infants. The licensee and assistant providers children under age 10 are always
counted in the capacity.
SPECIFIED HAZARDOUS WASTED FACILITY: An off-site hazardous waste facility which
serves more than one producer of hazardous waste.
STABLE: A detached accessory structure including but not limited to a corral
or paddock for the
keeping of one (1) or more horses owned by the occupants of the premises, and which are not
kept for remuneration, hire or sale.
STOCK YARD: An enclosed area where animals are temporarily held for concentrated
feeding
or display preliminary to slaughtering, shipping or resale.
STOL PRIMARY SURFACE: Any imaginary plane 300 feet wide, centered on the runway. Its
length extends 100 feet beyond each runway end. The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway centerline.
STREET: A thoroughfare, dedicated as such or acquired for public use as such,
other than an
alley, which affords the principal means of access to abutting land.
STRUCTURAL: A walled and roofed building that is principally above ground;
this includes a
gas or liquid storage tank or manufactured home.
STRUCTURE: Any object constructed, installed, or placed on real property by
man including,
but not limited to buildings, towers, smokestacks, and overhead lines.
STRUCTURE, ACCESSORY: A detached subordinate structure located on the same
site with
the main structure or main use, the use of which is customarily incidental to that of the main
structure or the main use of the land.
STRUCTURE, MAIN: A structure housing the principal use of site or functioning
as the
principal use.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the
cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the start of construction of the improvement. This
term
includes structures which have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
1.
Any project for improvement of a structure to correct existing violations or state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions, or;
2.
Any alteration of a historic structure provided that the alteration will not preclude the
structures continued designation as a historic structure.
TARGET HOUSEHOLDS: Very low income, low income, or senior citizen households.
TENT REVIVAL: A religious meeting or series of meetings which are often evangelistic
in
nature and are conducted within a non-permanent structure such as, but not limited to, a
collapsible shelter of canvas or other material stretched and sustained by poles.
TIP: Tulare Improvement Program.
TIP AREA B: An area bordered by the mid-block between H Street and
I Street on the west,
property fronting on the north side of Cross Avenue to the north, O Street on the east and
Martin Luther King Jr. Avenue to the south.
TRAFFIC SAFETY SIGHT AREA: That portion of both public and private property located
at
any corner and bounded by the curb line or or future curb line of the intersecting streets and
a
line joining points on the curb line or future curb line 45 feet from the point of intersection
of
the extended curb lines or future curb line.
URBANIZATION: The development of land for non-agricultural purposes, including
but not
limited to, residential, commercial, industrial, and institutional land uses.
USE: The word "use" shall mean the purpose for which land or structures
thereon is designed,
arranged or intended to be occupied or used or for which it is occupied, maintained, rented or
leased.
UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller
driven aircraft of 12,500 lbs. maximum and less.
VERY LOW INCOME HOUSEHOLD: Those units targeted for this category of household
that
shall be affordable at a rent that does not exceed 30 percent of 50 percent of the Tulare County
median income.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual
approach procedures with no straight-in instrument approach procedure and no instrument
designation indicated on an FAA approval airport layout plan, a military services approved
military airport layout plan or by any planning document submitted to the FAA by competent
authority.
WIRELESS COMMUNICATION FACILITY: A facility containing communication towers
and/or antennas and any related equipment for the purpose of transmitting or receiving
electromagnetic radio frequency waves.
YARD: An open space on the same site as a structure other than a court unoccupied
and and
unobstructed from the ground upward, except as otherwise provided in this Title.
YARD, FRONT: A yard extending across the full width of the site or lot between
the front lot
line and the nearest line or point of the main structure.
YARD, REAR: A yard extending across the full width of the side of lot between
the rear lot line
and the nearest line or point of the main structure.
YARD, SIDE: A yard extending from the front yard to the rear yard between the
side lot line
and the nearest line or point of the main structure.
ZONING: The division of a municipality into districts, and the regulation
within those districts
of the height, appearance, and bulk of buildings and structures; the area of a lot which may be
occupied and the size of required open spaces; the density of population; and the use or buildings
and land for commercial, agricultural, industrial , residential or other purposes. The term
zoning shall be synonymous with the term classification and the term zone
shall be
synonymous with the term district.
(Ord. 00-1854)