17.04. 010 Definitions not affected by headings.
Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. (Prior code Appx. A, § 200)
17.04. 020 Tenses.
The present tense includes the future, and the future the present. (Prior code Appx. A, § 201)
17.04. 030 Number.
The singular number includes the plural, and the plural the singular. (Prior code Appx. A, § 202)
17.04.040 General definitions.
“Accessory” means a building, part of a building or structure or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot. Where the wall of an accessory building has a common wall or a portion of a common wall not less than four feet in length, such accessory building shall be considered as a part of the main building.
“Antenna” means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type array having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna .
“Antenna – Building-Mounted” means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast less than 10 feet tall above the roof ridge line and 6 inches in diameter, or structure other than a wireless communications tower.
“Antenna – Directional” (also known as a “panel” antenna) transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.
“Antenna – Façade-Mounted” means an antenna that is directly attached or affixed to any façade of a building or other structure. Also known as a building-mounted antenna.
“Antenna – Ground-Mounted” means an antenna with its support structure or base placed directly on the ground, the total height of which does not exceed 14 feet, including the height of the antennas.
“Antenna – Omni-directional” (also known as stick, whip, or pipe antennas) means any antenna which transmits and/or receives radio frequency signals in a 360-degree horizontal pattern and a compressed vertical plane. For the purpose of this article, omni-directional antennas have diameters between 2 and 6 inches, and measures between 1 and 18 feet in height.
“Antenna – Panel” (see “Antenna – Directional”)
“Antenna – Parabolic” (also known as a satellite dish antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar-configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.
“Antenna – Portable” means any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.
“Antenna – Roof-Mounted” means an antenna directly attached or affixed to the roof, generally free-standing, of an existing building or structure other than a wireless communications tower.
“Antenna – Vertical” means a vertical type antenna without horizontal cross-sections greater than one-half inch in diameter.
“Antenna – Whip” (see “Antenna – Omni-directional”)
“Antenna Array” means a structure attached to a wireless communications tower that supports a wireless communications antenna or antennas.
“Antenna Array Group” means more than two sets of antennas by different service providers placed on a monopole, tower, building, or other support structure or on multiple poles, towers, buildings, or other support structures on the same parcel of land or on different parcels where the antennas are located within 200 feet from each other (also known as an antenna farm).
“Automobile wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.
“Block” means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.
“Building” means a permanently located structure having a roof but excluding all forms of vehicles even though immobilized. Where this title requires, or where special authority granted pursuant to this title requires, that a use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all sides.”
“Building height” means a vertical distance measured from grade, as determined as described herein, to the corresponding uppermost point of the roof, as shown in the examples at the end of Chapter 17.04.
Building, Main. “Main building” means the principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses; each such permissible building on one lot as defined by this title shall be construed as constituting a main building.
“Building site” means: (a) the ground area of one lot, or (b) the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces as required by this title.
“Co-location” means a wireless telecommunications facility comprising a single wireless communications tower, monopole, or building supporting antennas owned or used by more than one wireless communications carriers. Co-location shall also include the location of wireless telecommunications facilities with other facilities such as water tanks, light standards, and other utility facilities and structures (see also Wireless Communications Facility).
“Commercial Use” means a use that involves the exchange of cash, goods, or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time.
“Commission” means the planning commission of the city.
“Day Care Home” or “Family Day Care Home” “means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a ‘large day care home’ or a ‘small day care home’.
“Day Care Home, Large” means a home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code.
“Day Care Home, Small” means a home that provides family day care for 8 or fewer children, including children under the age of 10 years who reside at the home, as set forth in Section 1597.44 of the California Health and Safety Code.
“Direct Broadcast Satellite Service” (DBS) is a system in which signals are transmitted directly from a satellite to a small home receiving dish which does not exceed 18 inches in diameter. The system is commonly marketed as Digital Satellite System (DSS). DBS or DSS competes with cable television.
“Dump” means an area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combustible or noncombustible refuse, offal or dead animals.
“Dwelling” means a building or portion of a building designed for residential purposes, including one-family, two-family and multiple dwellings, but shall not include hotels, boarding and lodging houses.
“Dwelling unit” or “apartment” means one or more rooms in a dwelling or apartment house or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.
All rooms comprising a dwelling unit shall have interior access through an interior doorway not containing a deadbolt lock to other parts of the dwelling unit with the exception of accessory living quarters, provided that where a dwelling unit occupies two stories, interior access shall be provided between stories by an open unenclosed stairway.
For the purpose of this section, “open stairway” means a stairway which has a minimum of one wall which is not more than forty-two (42) inches high opening into at least one room from which the stairway connects each floor.
If in the opinion of the director of building and safety the design of a dwelling has the potential to be converted to additional dwelling units, the director may require a deed restriction to be recorded prior to issuance of a building permit.
Dwelling, One-Family. “One-family dwelling” means a detached building designed for occupancy by one family containing one dwelling unit.
Dwelling, Two-Family. “Two-family dwelling” means a building designed for occupancy by two families living independently of each other, and containing two dwelling units.
Dwelling, Multiple. “Multiple dwelling” means a building, or a portion thereof, designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units.
“Educational institution” means elementary, junior high, high schools, colleges or universities or other schools giving general academic instruction in the several branches of learning and study required to be taught and equivalent to the standards prescribed by the Education Code of the State of California or California Board of Education, including learning skills integrated with said education. Includes schools, academies institutes, or tutoring services which operate for a profit. Excludes business/trade schools which operate for a profit. (Ord.11-1319, §1 January, /2011; Ord.08-1294, §1, Sept. 2008; )
“Emergency shelters” means housing with minimal supportive services that limits occupancy by homeless persons to six months or less in any year, and does not deny occupancy due to a person’s inability to pay. (Ord. 13-1342, §1,July 2013)
“Family” means two or more persons living together in a dwelling unit, sharing common cooking facilities, and possessing the character of a relatively permanent single bona fide housekeeping unit in a domestic bond of social, economic and psychological commitment to each other, as distinguished from a group occupying a boarding house, club, dormitory, fraternity, hotel, lodging house, motel, rehabilitation center, rest home or sorority.
“Federal Communications Commission” (FCC) was established by the Communications Act of 1934 as an independent United States government agency directly responsible to Congress. The Act, which has been amended over the years, charges the Commission with establishing policies to govern interstate and international communications by television, radio, wire, satellite and cable.
Garage, Private. “Private garage” means an accessory building or an accessory portion of the main building, having a roof, enclosed on all sides and designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.
Garage, Public. “Public garage” means a building enclosed on all sides other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are stored or kept for hire or sale.
“Grade” at any point on a lot is determined based on existing corner point elevations, taking into consideration significant variations relative to adjacent properties. In cases where there is significant variation in elevations between adjacent properties at corner points, the point of measurement shall be established based on the elevation at the nearest public improvement or an alternative point within 3 horizontal feet which, based on supporting evidence, represents existing unaltered grade. In the absence of supporting documentation the corner point elevation shall be established at 1/2 the difference between the adjacent elevation and the elevation on the property in question.
The determination of grade shall be made by the Community Development Director, based on all available evidence, and any disputes shall be referred to the Planning Commission.
For lots with convex contours (where the ground level arches upward along a property line) the “grade” of a lot may be based on a detailed topographical survey along the property line with spot elevations called out at a minimum of two (2) foot intervals.
“Guest house” or “accessory living quarters” means living quarters within a main building for the use of persons employed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Guest houses and accessory living quarters are subject to the issuance of a conditional use permit and are not allowed in accessory buildings.
“Kitchen” means any room or space used or intended or designed to be used for cooking or the preparation of food. The installation of a cooking appliance constitutes a kitchen within the meaning of this definition, and where such a kitchen is installed or maintained in a room or suite of rooms said room or suite of rooms shall constitute a dwelling unit.
A. A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder as part of an approved subdivision having its principal frontage upon publicly dedicated street; or
B. A parcel of real property delineated on a record of survey, lot split, or sub-parceling map approved by the city.
“Lot area” means the total horizontal area within the boundary lines of a lot or parcel. For the purpose of determining area in the case of an irregular, triangular or gore-shaped lot a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line representing the lot depth of such lot shall be used as the rear lot line.
Lot, Corner. “Corner lot” means a lot situated at the intersection of two or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.
“Lot coverage” means:
A. That portion of a lot covered by the area within the foundation of the main building and all accessory buildings and structures,
B. The area covered by cantilevers projecting from a building, and
C. The area covered by decks and stairs more than thirty (30) inches above grade as that term is defined in Section 17.04.040.
The following shall not be included when calculating lot coverage:
A. The area covered by architectural projections, eaves, and unenclosed balconies (i.e. balconies open on at least two sides and which may be under another balcony) that project five (5) feet or less from the face of a building,
B. Non-structural stairs, patios, walkways, and planters which establish finish grade, and
C. Fences and walls. (Ord. 00-1205, §4, 09/26/00)
“Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front line and at right angles to such line connecting with a line intersecting the midpoint of the rear lot line and parallel to the front lot line. In the case of a lot having a curved front line the front lot line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line.
Lot, Interior. “Interior lot” means a lot other than a corner lot or reversed corner lot.
Lot, Key. “Key lot” means the first lot to the rear of a reversed corner lot and whether or not separated by an alley.
Lot Line, Front. “Front lot line” means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot the front lot line shall be the line separating the narrowest street frontage of the lot from the street.
Lot Line, Rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
A. For a triangular or gore-shaped lot a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line;
B. In the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; and
C. In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
In no case shall the application of the above be interpreted as permitting a main building to locate closer than five feet to any property line.
Lot Line, Side. “Side lot line” means any lot boundary line not a front lot line or a rear lot line.
Lot, Reversed Corner. “Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of a front lot line of the lot upon which the rear of said corner lot abuts.
Lot, Through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets.
Lot Width. “Lot width” means the horizontal distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines.
“Lower-income” means household income not exceeding eighty percent of the “area (Los Angeles County) median income” published annually by the California Department of Housing and Community Development.
(Ord. 13-1342, §1,July 2013)
“Lower-income multiple-family dwelling” means two-family dwellings and multiple dwellings, as those terms are defined in this Code, where all dwelling units are affordable to lower-income households. This definition includes owner-occupied and rental dwelling units. (Ord. 13-1342, §1,July 2013)
“Manufactured house” is a structure which is transportable and is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. A module is a unit of a manufactured house.
“Manufactured house” is synonymous with “mobile home” as defined in Section 5402(6) of the National Mobile Home Construction and Safety Standards Act of 1974 except that for the purpose of this definition a manufactured house shall only be a mobile home which is attached to a permanent foundation and is at least nineteen (19) feet in body width.
“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 Services, Community Care Licensing Division. 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.(Ord. 13-1342, §1,July 2013)
“Monopole” is a wireless communication facility which consists of a single-pole structure or spire, erected on the ground to support wireless communication antennas and appurtenances.
“Nonconforming building or structure” means a building, structure, or portion thereof, which was lawfully erected or altered and maintained, but which no longer conforms to the zoning standards of the zone in which it is located.
“Nonconforming use” means a use which was lawfully established and maintained but which, no longer conforms to the use regulations, or the lot area per dwelling unit regulations, of the zone in which it is located.
“Open space” means areas which are from ground to sky free and clear of any obstructions or obstacles unless otherwise specified within each zone classification.
Minor obstacles such as telephone and power lines or similar obstacles, and obstructions such as eaves or entryway overhangs, a maximum of thirty (30) inches wide, may encroach into open space areas in the R-1 zone.
A. “Floor area ratio” means the amount of gross floor area, not including covered garages, of building permitted in relation to gross land area.
B. “Gross land area” means the area of a lot, expressed in square feet, including all easements, measured to the center line of all abutting streets, alleys and walkways.
C. “Open space” means the amount of gross land area, expressed in percentages, which must be kept open but may be used for various purposes such as walkways, driveways, landscaping and streets.
D. “Livability space” expressed as a percentage of the gross land area is a portion of the open space and includes, but is not limited to, recreation space. This space is defined as that space which may be used by the occupants of the building for recreation, landscaping and balconies having a minimum width and length of ten feet, and may be utilized as a part of any open space requirement.
E. “Recreation space” means the amount of usable livability space which must be provided for recreation, expressed as a percentage of gross land area. This space must be sufficiently large and so located as to permit use for normal recreation activities such as open air dining, court games, swimming, and grass lawns.
F. “Occupant car ratio” means the number of covered off-street parking spaces which must be provided, expressed in whole numbers or fractions per dwelling unit, figured to the next larger whole number.
G. “Total car ratio” means the number of occupant and visitor off-street parking spaces which must be provided, expressed as whole numbers.
“Public service use or facility” means a use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, transportation, or utilities.
“Public-Right-of-Way” means and includes all public streets and utility easements, now and hereafter owner by the City, but only to the extent of the City’s right, title, interest, or authority to grant a license to occupy and use such streets and easements for wireless communications facilities.
“Quasi-Public Use” means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.
“Recyclable material” is re-usable material including but not limited to metals, glass, and paper, which are intended for re-use, re-manufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
“Related Equipment” means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include but is not limited to cable, conduit, and connectors.
“Rest home,” “convalescent home” or “guest home” means a home operated as a boarding home, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons; but in which are kept no persons suffering from a mental sickness, mental disease, mental disorder or mental ailment or from a contagious or communicable disease, and in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals or in which no persons are kept or served who normally would be admittable to a mental hospital.
“Satellite Earth Station” means a wireless communications facility consisting of more than a single satellite dish smaller than 10 feet in diameter that transmits to and/or receives signals from an orbiting satellite.
“School” means an elementary, junior high, high school, college or university or other schools giving general academic instruction in the several brands of learning and study required to be taught in the Education Code of the State of California.
“Single room occupancy facility” and “SRO facility” means a building containing more than six SRO units, designed for occupancy of no more than two persons, and which is intended, designed, or is used as a primary residence by its occupants. (Ord. 13-1342, §1,July 2013)
“Single room occupancy unit” and “SRO unit” means a room that is used, intended or designed to be used by no more than two persons as a primary residence, but which lacks either or both a self-contained kitchen or bathroom. (Ord. 13-1342, §1,July 2013)
“Street” means a thoroughfare having a width of not less than twenty-one (21) feet, and dedicated to public use and which affords primary means of access to abutting property.
“Street line” means the boundary line between a street and the abutting property.
Street, Side. “Side street” means a street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.
“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height.
“Structural alterations” means any change in the supporting members of a building such as foundation, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.
Trailer, Automobile. “Automobile trailer” means a vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed for the same uses as an automobile trailer without motor power.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.” For purposes of this definition, “target population” means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. Supportive housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. (Ord. 13-1342, §1,July 2013)
“Trailer park,” “trailer court” and “public camp,” any or all of them shall mean any area or tract of land used or designed to accommodate two or more automobile trailers or two or more camp parties, including tents or other camping outfits and including trailer camps as defined by state law.
“Transitional housing” and “transitional housing development” means buildings configured as rental housing developments, but operated under federal, state or local housing program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone. (Ord. 13-1342, §1,July 2013)
“Trellis” means any framework or structure of crossed wood or other suitable building material used to cover open space for aesthetic or shading purposes. For the purposes of usable open space calculations, the open areas between the trellis beams must be equal to or exceed the open space area required to remain open and uncovered as per the development standards for each multi-family residential zone district. (Ord.04-1238, §4, March 2004)
“Use” means the purpose for which land or building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
“Wireless Communications Facility” means a wireless facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types equipment for the transmission or receipt of such signals, wireless communications towers, or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development .
“Wireless Communications Tower” means a structure more than 10 feet tall, built primarily to support one or more wireless communications antennas.
“Yard” means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.
Yard, Front. “Front yard” means an area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a precise plan for such a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition.
Yard, Rear Line of Required Front. “Rear line of the required front yard” means a line parallel to the front lot line and at a distance therefrom equal to the depth of the required front yard, and extending across the full width of the lot.
Yard, Side. “Side yard” means a yard between the main building and the side lot lines extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear line of the main building, or the rear line of the rear-most main building if there is more than one, the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building. (Ord.07-1280, §5, March 2007; Ord. 01-1214, §4 part, 05/08/01; Ord. 00-1199, §4 part, 05/09/00; Ord. 96-1163 § 1, 10-22-96; Ord. 95-1130 § 9(A), 1995; Ord. 95-1124, § 4, 1995; Ord. 94-1121 § 1, 1994; prior code Appx. A, §§ 203–223, 226–229, 229.1, 230–254, 259, 260, 266, 267, 271, 272, 278)
17.04. 050 Commercial land use definitions.
Alcohol Beverage Establishment, Off-Sale. “Off-sale alcohol beverage establishment” means retail sales of alcoholic beverages (beer, wine, spirits) in packaged containers for consumption off the premises. This definition includes liquor stores or grocery stores or food and beverage markets which sell alcohol.
Alcohol Beverage Establishment, On-Sale. “On-sale alcohol beverage establishment” means sale of alcoholic beverages (beer, wine, spirits) for consumption on the premises whether in conjunction with a restaurant, or as a bar or cocktail lounge or in conjunction with a nightclub (see definition of “restaurant”).
“Animal hospitals” means establishments where animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air-conditioned. Grooming and temporary (maximum thirty  days) boarding of animals is included.
“Art/antiques/curios/gallery or shop” means retail sales or display of art objects, antique items, and/or various other objects or items typically used for decorating the home or yard or as gift items.
“Audio/video equipment and supplies, sales and repair” means the retail sales of typical household audio/video equipment, including but not limited to televisions, VCR’s, radios, stereos, personal computers and accessories, and the sale of videocassettes, compact discs, laser discs, audio tapes, computer software, etc., and their related accessories–does not include the sale of musical instruments.
“Bakery” means the preparation of baked goods for primarily retail sales and may have incidental wholesale, for general distribution or consumption off-site. This classification includes incidental consumption of said goods on the premises.
“Banks and financial institutions” means financial institutions that provide services to individuals and businesses, including retail banking, collection services, loan services, and tax and investment services. These uses do not include check cashing businesses.
“Billiard or pool halls” means establishments that provide billiard tables for customer’s use.
“Body piercing” means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear. ( Ord.10-1313, §2, Dec. 2010)
“Bus station (not including terminal facilities)” means a facility providing the site and support services for bus transfers or loading and unloading. Does not include storage or long-term parking of buses.
“Business schools” means a commercial enterprise involving the teaching of business or related skills to adults. This definition does not include a school or educational institution giving general academic instruction, such as an elementary, junior high, high school or college.
“Catering business” means preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
Clinic, Medical or Dental. “Medical or dental clinic” means a place that provides patient care services on an outpatient basis.
“Clothing and wearing apparel sales and service” means retail sales and service of clothing and wearing apparel. Typical uses include clothing stores, tailors, shoe stores, shoe repair stores, jewelry stores.
“Club” means an association of persons for some common nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business.
“Communication facilities” means commercial telecommunications transmission facilities and studios that create broadcasting or media content outside of an office environment, including but not limited to radio, television or internet broadcasting facilities, audio rehearsal or recording studios, motion picture studios, sound stages, special effects studios, and similar uses. Excludes public utility and wireless communication facilities. (Ord. 11–1329,§1, November, 2011)
“Convention hall” means an enclosed building or structure used for public assembly for meetings, conventions or special events. This classification includes auditoriums.
“Copying and printing services and supplies” means businesses providing copying, printing, typesetting and related clerical services to individuals and businesses and/or the retail sales of supplies used for copying and printing. Typical uses include blueprinting shops, photocopying and typesetting services, and stationary stores. This classification does not include commercial publishing or printing businesses or retail sales and service of copy machines.
Dancing, Customer. “Customer dancing” means provision of facilities and floor space for participant dancing including a dance studio or instructional dancing. The definition does not include “taxi” dancing where a fee is charged to dance with a particular person.
“Department store” means a retail business selling a variety of products, such as jewelry, clothing, appliances; this classification does not include the sale of products that are prohibited, or require a conditional use permit by this title in specified zones.
“Drugstore” means retail sales of prescription and nonprescription drugs.
Entertainment, Live. “Live entertainment” means the provision of live performances including without limitation all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, guests, customers, or any other person or persons. Acoustic, unamplified, non-percussive background music provided accessory to an established onsite use during normal business hours by a maximum of two persons without advertisement and without charge is excluded.
Entertainment, Special Performances. “Special performance entertainment” means temporary or short term live entertainment. Acoustic, unamplified, non-percussive background music provided accessory to an established onsite use during normal business hours by a maximum of two persons without advertisement and without charge is excluded
“Equipment rental and/or repair (tools and/or lawn/garden equipment including small engines other than street vehicles” means a business providing typical household tools and lawn/garden equipment for repair (such as sharpening, or repair of small motors or engines) or rental, including hand-operated machinery, power tools, lawn mowers, hedgers etc., but excluding vehicles, trucks, and trailers licensed for street use.
“Florist or plant shop” means retail sales of flowers and plants and accessories with storage of merchandise inside a building; outside flower and plant displays permitted.
“Food and beverage market (maximum four thousand (4,000) square feet)” means retail sales of food and beverages, where a regular or substantial portion is for off site preparation and consumption. Typical uses include groceries, convenience stores, delicatessens, health food stores, and or produce market. Includes incidental sales of prepared food for take-out consumption. Over four thousand (4,000) square feet is classified as a supermarket.
“Fortune tellers, psychics, astrologers” means businesses offering personal services to individuals based on the spiritual arts–does not include classes or seminars for groups.
“Funeral homes, including mortuaries” means establishments primarily engaged in the provision of services involving the care, preparation and/or disposition of human dead other than cemeteries.
“Furniture/furnishings, sales and display” means retail sales and/or display of various household and office furnishings including, but not limited to, carpet and floor coverings, drapes and window coverings, lighting fixtures, tables, desks, chairs, sofas, beds, wall coverings, bookshelves and patio furniture.
“Game arcade (or amusement arcade)” means any place having five or more coin-operated, slug-operated or any type of amusement or entertainment machine, equipment or facilities for which payment is necessary for operation and which is the primary purpose of the business. These include pinball, video games, slot-car racing or other type of game entertainment, but do not include merchandise vending machines.
“Gun shop” means retail sales of guns, firearms, ammunition, etc., in accordance with the state and federal laws.
“Gymnasium/health and fitness center, limited” means a facility, means a facility not exceeding 6,000 square feet of gross floor area, whether open to the public or a private club, which provides the indoor space, equipment and the supervision/training/teaching for physical activities including, but not limited to sporting activities, exercising, martial arts, aerobic dancing, weight training, gymnastics and spas. In this Code, “gymnasium/health and fitness center” includes this use type “Gymnasium/health and fitness center, limited.” (Ord.14-1346, §1, March 2014)
“Hardware/home improvement stores” means retail and/or service for hardware, building materials, tools, equipment, plumbing fixtures, tiles, paint, windows, etc.
“Hobby and craft supplies and service” means retail sales, service and provision of facilities for various types of crafts and hobbies engaged in by individuals typically for fun or relaxation but not for financial gain, including, but not limited to, photography, knitting, weaving, cooking, home brewing, collecting (e.g. stamps, baseball cards, coins etc.), model trains and cars, stained glass, and other typical home arts and crafts. This classification does not include sport and recreation activities, or “hobbies” that involve heavy machinery or motor vehicles.
Hospital, General. “General hospital” means a facility licensed by the State Department of Public Health with a duly constituted governing body with overall administrative and professional responsibility and an organized medical staff which provides twenty-four (24) hour, in-patient care, including, but not limited to, medical, nursing, surgical, obstetric, laboratory, radiology, pharmacy and dietary services. Mental health care is limited to psychiatric out-patient services only. This definition does not include mental hospitals.
“Hotel” means one or more buildings containing six or more guest rooms, with such rooms being designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. No room may be used, rented or hired out by the same person or persons for a period exceeding ninety (90) days per year, whether or not consecutive. Access to all rooms is provided through a common entrance; and the project shall include a registration lobby manned on a twenty-four (24) hour basis.
This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint.
The decision-making body shall have the authority to set any limitation on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greater than twenty thousand (20,000) square feet.
“Household appliances and office equipment, sales and repair (including large or major appliances and/or equipment)” means retail sales and/or repair of appliances and/or equipment such as refrigerators, washer-dryers, cooking and kitchen appliances, copy machines, micro-computers etc.
“Instruments (professional and/or scientific), sales” means small hand-operated specialized technical instruments used in professions or sciences. This definition does not include tools, machinery or musical instruments.
“Laboratories” means establishments providing medical or dental laboratory services; or establishments with less than two thousand (2,000) square feet providing photographic, analytical or testing services.
“Large Day Spa.” An establishment that consists of more than 3,000 square feet of gross floor area, that offers a combination of non-medical personal services that may include hair, nail and skin care treatment or other services typically found in a beauty shop, and also massage therapy and similar treatment of the human body, and may also include spa tubs, pools, steam rooms, saunas or other related accessory facilities and uses. If massage therapy occupies more than 25% of the gross floor area of the establishment the business shall be subject to requirements of massage therapy business pursuant to Chapter 5.74 of the Municipal Code. (Ord. 06-1272 §4, Sept. 2006)
“Laundry business (including self-service) and dry-cleaning” means an establishment that provides laundry and/or dry-cleaning services, with the dry-cleaning performed off the premises. Definition does not include on-premises dry-cleaning.
Lumberyard, Retail. “Retail lumberyard” means retail sales of building materials, including lumber and ornamental brick and stone, provided all materials are stored within an enclosed seven-foot high masonry wall and open storage is limited to twenty (20) foot height.
“Massage Therapy Business” means an establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state as part of a medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment. This definition also specifically excludes Adult Massage as defined in Section 17.04.060.
“Microbrewery” means a brewery that produces less than 4,000 barrels of beer per year limited to the manufacturing and wholesaling of beer produced on the premises.
Mini-Storage, Personal. “Personal mini-storage” means an establishment which rents storage space for personal use by the renter, and no materials of a hazardous nature, i.e., toxins, highly inflammable, and/or similar are stored; nor shall there be warehousing of wholesale and/or retail materials and/or products.
“Miniature golf course” means participant golfing, limited to putting.
“Mobile recycling unit” 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.
“Monuments” means custom productions and sales of statues, tombstones and/or similar items.
“Motel” means one or more buildings containing guest rooms with such rooms being designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests, in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. No room may be used, rented or hired out by the same person or persons for a period exceeding ninety (90) days per year, whether or not consecutive. Such facilities are designed, and used for automobile tourists or transients and shall include a registration/checkout service on a twenty-four (24) hour basis.
This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint.
The decision-making body shall have the authority to set any limitation on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greater than twenty thousand (20,000) square feet.
“Motor Vehicles and Equipment Sales and Service” (Including Automobiles, Trucks, Motorcycles, Boats, Recreational Vehicles and Excluding Tractor Trucks):
A. Sales/Rental, New or Used. “New or used sales rental” means sale or rental of motor vehicles including storage and incidental maintenance.
B. “General repair, service, installations of parts and accessories” means repair of motor vehicles. This classification includes auto repair shops, wheel and brake shops, tire sales and installation, auto upholstery installation, car stereo installation, window installation or tinting but excludes auto body repair and painting, vehicle dismantling or salvage and tire retreading or recapping.
C. “Body repair and painting” means repair or service of motor vehicles that involves body and fender repair, and/or painting.
D. “Car washes” means washing, waxing or cleaning of automobiles, trucks and vehicles.
E. “Service stations” means establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of trailers, tractors, heavy trucks or similar vehicles.
F. Parts and Accessories, Retail Sales. “Retail sales parts and accessories” means retailing of new or used motor vehicle parts and accessories, and related equipment parts and accessories for installation off-site. This classification does not include installation, repair or service of parts and accessories of motor vehicles or related equipment.
G. “Vehicle storage” means storage of operative or inoperative vehicles. This classification includes parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but does not include vehicle dismantling.
“Movie theaters” means a facility that provides fixed seating for customers to view motion pictures, including accessory snack and/or food and beverage services.
“Music academy” means a school offering classes and curriculum primarily in the musical arts which includes the facilities for playing and practicing with musical instruments.
Musical Instruments, Retail Sales and Repair. “Musical instruments, retail sales and repair” means retail sales and repair of musical instruments and accessories. This classification does not include musical training or practice.
“Nurseries” means establishments which primarily sell plants and landscaping/gardening supplies. All merchandise other than plants are kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
Office, General. “General office” means facilities where, as a primary use, the administrative activities of a business are performed, such as management, personnel and financial functions, preparation of reports, business communications, personal contact with clients, and similar activities; or professional, executive, management, administrative or similar services are provided to consumers within a commercial office environment.General office includes but is not limited to:
1. Administrative and business offices providing consumer services, including but not limited to insurance, real estate, and travel services. It may include business offices of construction and similar contractors, provided that equipment or materials storage or vehicle fleets are not maintained onsite.
2. Government and public utility administrative offices. Excludes public service use or facility.
3. Professional services offices, including but not limited to accounting, legal, advertising or public relations, management and similar consulting services, computer and internet technology services, design services, land development services, and offices for educational, scientific and research organizations.
4. Personal improvement services offices, including but not limited to counseling, tutoring and similar services. Excludes gymnasium/health and fitness center, educational institutions, medical office, beauty shops, massage therapy businesses, and similar uses.
5. Media production offices, including but not limited to offices for businesses specializing in computer aided video or audio media production and similar services, including the occasional use of unamplified live subjects integral to media production. Excludes communication facilities, live entertainment, and businesses utilizing live audiences. (Ord. 11-1329,§1, November, 2011)
“Parcel delivery terminal” means parcel and package delivery, pick-up, and storage services including the normal accessory services provided thereto.
“Permanent make-up” means the application of pigment to or under the skin of a person for the purpose of permanently or semi-permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner or lip color. (Ord.10-1313, §2, Dec.2010)
“Pet grooming, no overnight kennels” means provision of bathing and trimming services for animals.
“Pet stores, including sales of pets” means retail sales and boarding of small animals for sale, provided such activities take place within an entirely enclosed building.
“Photography (equipment sale and service, film processing studio)” means an establishment providing retail sales, repair service, and/or film processing and developing services.
Printing and/or Publishing Business, Commercial. “Commercial printing and/or publishing business” means the commercial reproduction of books, magazines, newspapers, posters, etc., either for distribution or sale.
“Recyclable material” means re-usable material including but not limited to metals, glass and paper, which are intended for re-use, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
“Recycling collection facilities” means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as permitted by conditional use permit. Collection facilities may include the following:
A. Reverse vending machine(s);
B. Small collection facilities which occupy an area of not more than five hundred (500) square feet, and include:
1. A mobile unit,
2. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet,
3. Kiosk type units which may include structures,
4. Unattended containers placed for the recyclable materials;
C. Large collection facilities which may occupy an area of more than five hundred (500) square feet, may include permanent structures and is not appurtenant to a host use.
“Restaurant” means an establishment which primarily sells prepared food. Where beer and wine are sold, a minimum of sixty-five (65) percent of the total gross sales, computed monthly, shall result from the sale of prepared food; where other alcoholic beverages, not exclusively beer and wine, are sold, a minimum of fifty (50) percent of the total gross sales, computed monthly, shall result from the sale of prepared food. The establishment shall serve either one of the following: breakfast, lunch or dinner or has a kitchen with equipment capable of serving breakfast, lunch or dinner.
“Reverse vending machine(s)” means an automated mechanical device which accepts at least one or more types of empty beverage containers including but not limited to aluminum cans, 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.
Secondhand Merchandise, Retail Sales. “Retail sales secondhand merchandise” means retail sales of previously used merchandise, such as clothing, household furnishings or appliances, sports/ recreational equipment. This classification does not include secondhand motor vehicles, parts, or accessories.
Skating Rink, Ice or Roller. “Ice or roller skating rink” means an establishment that provides the facilities for participant skating.
“Snack bar or snack shop” means an establishment with 25 or less seats that is distinguished from a restaurant as it does not include waiter/waitress table service, except queuing, (intermittent delivery of purchased goods) and does not serve full meals or have a kitchen capable of serving meals but instead serves snacks or non-alcoholic beverages for consumption on the premises or for take-out; specifically, items such as donuts and other baked goods, ice cream, yogurt, cookies, coffee, tea and juices are considered snacks. (Ord.04-1241, §4, 2004)
“Sporting/Recreational Equipment Sales, Service and Rental” Uses include beach recreational equipment rental and sales bicycle shops, sporting goods stores, bait and tackle shops, etc.
“Supermarkets” means food markets, or combination food markets and department stores with over four thousand (4,000) square feet of floor area.
“Tattoo/tattooing” means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment. (Ord.10-1313, §2,Dec. 2010).
“Tattoo/body piercing studio” means any establishment where tattooing and/or body piercing takes place. (Ord.10-1313, §2,Dec. 2010).
“Upholstering shop” means repair and upholstery replacement to household and office furnishings– does not include motor vehicle upholstering or repair.
Wedding Chapel, Commercial. “Commercial wedding chapel” means an establishment which primarily provides the facilities and services for weddings on a commercial basis. This definition does not include churches and similar congregations where weddings are an ancillary use.
“Youth Hostel” Means one (1) or more buildings containing six (6) or more guest rooms, in which some or all offer dormitory style sleeping facilities. The sleeping facilities contained in such rooms are designed, intended to be used and are used, rented or hired out as temporary or overnight accommodations for guests in which daily services of linen change, towel change, soap change and general clean-up are provided by the management. Access to all rooms is provided through a common entrance and a registration lobby is located on the premises. This definition excludes jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. (Ord.07-1280, §5, March 2007; Ord. 97-1174 §2, 08/12/97; Ord. 96-1157 §2, 1996; Ord. 96-1148 §1 (part), 1996; Ord. 95-1130 §9(C), 1995)
17.04. 060 Adult use definitions.
“Adult bathhouse” means an establishment which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which a regular or substantial portion of the services performed involves the display of specified anatomical areas or the occurrence of specified sexual activities. This definition does not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner, medical doctor, physician, chiropractor or similar professional licensed by the state of California. An adult bathhouse is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.
“Adult bookstore” means an establishment that has a regular or substantial portion of its stock-in-trade distinguished or characterized by specified sexual activities or specified anatomical areas, including, but not limited to, books, magazines, periodicals, photographs, films, motion pictures, video cassettes, slides or other verbal or visual representations that are characterized by a depiction or description of specified sexual activities or specified anatomical areas. An adult bookstore is considered a form of written and visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.
“Adult business” means a business establishment in which a regular or substantial portion of its stock-in-trade material is specifically intended for the exclusive patronage of adults and/or is precluded from selling such material to minors and/or admitting minors into the premises of the business by Secion 313 et seq. of the California Penal Code. “Regular of substantial portion” is defined as greater than twenty (20) percent of an establishment’s stock-in-trade materials and/or services offered to patrons, for compensation or some form of gratuity. For the purposes of this title, adult businesses shall refer only to those establishments which involve forms of written or visual speech protected by the First Amendment, specifically adult bookstores, adult cabarets, adult motion picture theaters/arcades, and adult newsracks. This definition does not include businesses primarily characterized by activities not protected by the First Amendment, which specifically refers to adult bathhouses, adult massage parlors, adult motels/hotels, outcall services and sexual encounter establishments.
“Adult cabaret” means a nightclub, bar, restaurant or similar establishment featuring live performances in which a regular or substantial portion of such performances involve the exposure of specified anatomical areas and/or the depiction or description of specified sexual activities. An adult cabaret is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.
“Adult massage” means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, manipulating, or stimulating the external genitalia, breasts or buttocks or the human body with the hands or with the aid of any mechanical, electrical apparatus, or other appliances or devices, with or without such supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or similar preparations.
“Adult massage parlor” means an establishment in which a regular and substantial portion of its services involves adult massages. An adult massage parlor is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.
“Adult motel/hotel” means an establishment offering public accommodations, for any consideration or gratuity, in which a regular or substantial portion of the material and/or services provided to patrons is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. An adult motel/hotel is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.
“Adult motion picture theater/arcade” means an establishment in which a regular or substantial portion of its stock-in-trade material, including but not limited to films, motion pictures, video cassettes, picture viewing machines, slide projections or similar photographic reproductions, features the exposure of specified anatomical areas or the depiction or description of specified sexual activities. An adult motion picture theater/arcade is considered a form of visual speech protected by the First Amendment, and as such, is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.
“Adult newsrack” means any coin-operated machine or device which has a regular or substantial portion of its stock-in-trade material devoted to the depiction or description of specified sexual activities or specified anatomical areas. An adult newsrack is a permitted use in the C-3 zoning district only, subject to approval of a conditional use permit.
“Adult paraphernalia” means any instruments or devices that are designed for use in connection with specified sexual activities, including but not limited to the following:
A. Any lotions, ointments, oils or similar preparations primarily intended to induce or enhance sexual arousal through external application;
B. Any product for internal consumption that is primarily intended to induce or enhance sexual arousal;
C. Any apparatus depicting the human body and/or specified anatomical areas intended to induce or enhance sexual arousal; and
D. Any apparel primarily intended to accentuate specified anatomical areas in order to induce or enhance sexual arousal.
Adult paraphernalia is not a form of speech protected by the First Amendment.
“Bathhouse” means an establishment which provides hydrotherapy treatment practiced by, or under the supervision of a medical practitioner, medical doctor, physician, chiropractor or similar professional licensed by the state of California. If the establishment is not supervised by a licensed medical professional, it shall be defined as an adult bathhouse.
“Outcall service” means an establishment in which a regular or substantial portion of the services provided involves individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs. An outcall service is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.
“R-rated” refers to any materials or services which include the display of specified anatomical areas but not the depiction or description of specified sexual activities.
“Sexual encounter establishment” means an establishment in which a regular or substantial portion of the materials and/or services provided involves, for any form of consideration or gratuity, public accommodations which provides a place where two or more persons may congregate, associate or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy. A sexual encounter establishment is not a form of speech protected by the First Amendment and is not a permitted adult use in the city.
“Specified anatomical areas” means and includes any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means and includes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (3) of this section. ((Ord. 10-1313 § 2, 12/2010; Ord. 97-1174 § 2, 08/12/97; Ord. 96-1130 § 9(B), 1996; prior code Appx. A, §§ 284, 284.1–284.9, 285, 285.1–285.8)