Ord 738ORDINANCE NO. 738
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 17.04 OF TITLE 17 (ZONING)
OF THE POWAY MUNICIPAL CODE
PERTAINING TO SIGNS
(ZONING ORDINANCE AMENDMENT 12 -02)
WHEREAS, Chapter 17.04 of Title 17 of the Poway Municipal Code (PMC) contains
definitions of words to be used in implementation of zoning regulations and development
standards, including those applicable to signs;
WHEREAS, Zoning Ordinance Amendment (ZOA) 12 -02 involves an update to
Chapter 17.40 of Title 17 of the PMC pertaining to sign regulations and, as part of that,
sign - related definitions in Chapter 17.04 are either being eliminated because they are
obsolete, or conflict with other sign definitions definition contained in Chapter 17.40;
WHEREAS, on February 21, 2012 and March 6, 2012 the City Council held a
duly advertised public hearing to solicit comments from the public, both pro and con,
relative to this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of
the CEQA Guidelines because it pertains to minor modifications to the sign regulations in
the Zoning Ordinance and that there is no possibility this will have a significant effect on
the environment.
Section 2: Chapter 17.04, entitled Definitions, of Tittle 17 of the Poway Municipal Code
is amended to read as follows:
Chapter 17.04
DEFINITIONS
Sections:
17.04.005 Grammatical interpretation.
17.04.010 Definitions generally.
17.04.015 Abut.
17.04.020 Access or access way.
17.04.023 Accessory apartment.
17.04.025 Accessory building.
17.04.030 Accessory living quarters.
17.04.035 Accessory use.
17.04.090 Advertise.
17.04.097 Alteration.
17.04. 100 Ambient level.
Ordinance No. 738
Page 2
17.04.105 Anatomical areas.
17.04.106 Animal enclosure.
17.04.110 Animal hospital.
17.04.116 Antique.
17.04.117 Antique shop.
17.04.125 Apartment.
17.04.130 Arcades.
17.04.132 Attic.
17.04.135 Automobile service station.
17.04.145 Basement.
17.04.153 Board and care.
17.04.155 Boardinghouse or roominghouse.
17.04.157 Body piercing.
17.04.160 Building.
17.04.170 Building height.
17.04.172 Building, main.
17.04.175 Building site.
17.04.180 Business center.
17.04.195 Canopy.
17.04.202 Caretaker's living quarters.
17.04.205 Carport.
17.04.210 Clinic.
17.04.215 Club.
17.04.220 Coffeeshop.
17.04.225 Community apartment.
17.04.235 Condominium.
17.04.240 Condominium conversion.
17.04.250 Convalescent home.
17.04.265 County Recorder.
17.04.268 Crawl space.
17.04.270 Day nursery.
17.04.275 Density.
17.04.280 Development.
17.04.290 Director of Development Services.
17.04.295 Dormitory.
17.04.300 Drive -in or drive - through restaurant.
17.04.305 Dwelling.
17.04.310 Dwelling, guest.
17.04.315 Dwelling, multiple.
17.04.320 Dwelling, single - family.
17.04.325 Dwelling unit.
17.04.327 Eating and drinking establishments.
17.04.330 Educational institutions.
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Page 3
17.04.333 Exotic, wild or nondomestic animal.
17.04.335 Family.
17.04.337 Fence.
17.04.355 Garage.
17.04.357 Garage, private.
17.04.360 General plan.
17.04.365 Grade.
17.04.370 Grand opening.
17.04.375 Gross area.
17.04.378 Guest house.
17.04.380 Guestroom.
17.04.390 Highway.
17.04.392 Home occupation.
17.04.395 Hospital.
17.04.400 Hotel.
17.04.401 Household pet.
17.04.403 Independent living.
17.04.405 Inoperative activity.
17.04.411 Junk.
17.04.415 Kennel.
17.04.420 Large animals.
17.04.425 Legal.
17.04.430 Legal lot.
17.04.432 Live entertainment.
17.04.433 Living unit.
17.04.434 Lodge.
17.04.440 Lot.
17.04.445 Lot, corner.
17.04.450 Lot coverage.
17.04.455 Lot depth.
17.04.460 Lot, flag.
17.04.465 Lot, interior.
17.04.470 Lot line.
17.04.475 Lot line, front.
17.04.480 Lot line, interior.
17.04.485 Lot line, rear.
17.04.490 Lot, reverse corner.
17.04.495 Lot line, side.
17.04.500 Lot, through.
17.04.505 Lot width.
17.04.510 Major review.
17.04.513 Masonry wall.
17.04.515 Minor review.
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17.04.520 Mobile home.
17.04.525 Mobile home unit space.
17.04.530 Motel.
17.04.540 Net area.
17.04.545 Nonconforming building.
17.04.550 Nonconforming lot.
17.04.560 Nonconforming use.
17.04.573 Open fence.
17.04.576 Outdoor display.
17.04.577 Outdoor storage and /or sales area.
17.04.585 Parkway.
17.04.595 Planned residential development.
17.04.612 Poultry.
17.04.615 Public right -of -way.
17.04.628 Recreational courts, public and semipublic.
17.04.629 Recycling center.
17.04.630 Remodel.
17.04.631 Residence, main.
17.04.635 Roof.
17.04.640 Roofline.
17.04.648 Second dwelling unit.
17.04.650 Service stations.
17.04.655 Setback, front yard.
17.04.660 Setback, rear yard or side yard.
17.04.670 Single- family zone.
17.04.675 Site plan.
17.04.680 Small animals.
17.04.690 Special promotional parking lot sales event.
17.04.700 Stable.
17.04.715 Statuary.
17.04.720 Story.
17.04.725 Street.
17.04.730 Structure.
17.04.735 Structural alteration.
17.04.736 Temporary outdoor sales.
17.04.743 Tobacco shops.
17.04.745 Use.
17.04.747 Use, principal.
17.04.750 Useful life.
17.04.765 Wholesaling.
17.04.775 Yard.
17.04.780 Yard, front.
17.04.785 Yard, rear.
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17.04.790 Yard, side.
17.04.795 Zoning development code and /or ordinance.
17.04.010 Definitions generally.
For the purposes of this title, certain words, phrases, and terms used in this title shall have
the meaning assigned to them by this chapter. (Ord. 113 § 1 (Exh. A 1.7(A)(1)), 1983)
17.04.015 Abut.
"Abut" means two adjoining parcels of property with a common property line, including two
or more lots adjoining only at a corner, except where such common property line is located
on a public street right -of -way. (Ord. 113 § 1 (Exh. A 1.7(A)(1)), 1983)
17.04.020 Access or access way.
"Access" or "access way" means the place, means, or way by which pedestrians and
vehicles shall have safe, adequate and usable ingress and egress to a property or use as
required by this title. (Ord. 113 § 1 (Exh. A 1.7(A)(2)), 1983)
17.04.023 Accessory apartment.
"Accessory apartment" means a second dwelling unit located on the same lot as an
existing single - family dwelling. (Ord. 225 § 1, 1987)
17.04.025 Accessory building.
"Accessory building" means a building, part of a building, or structure, which is incidental or
subordinate to the main building or use on the same building site. (Ord. 113 § 1 (Exh. A
1.7(A)(3)), 1983)
17.04.030 Accessory living quarters.
"Accessory living quarters" means a guest house. (Ord. 225 § 1, 1987; Ord. 113 § 1 (Exh.
A 1.7(A)(4)), 1983)
17.04.035 Accessory use.
"Accessory use" means a use incidental, related, appropriate and clearly subordinate to
the main use of the lot or building, which accessory use does not alter the principal use of
such lot or building. (Ord. 113 § 1 (Exh. A 1.7(A)(5)), 1983)
17.04.090 Advertise.
"Advertise" means any notice to the public for the purpose of increasing sales or business,
announcing the availability of a service or product, or making claims as to the value or
quality of any service or product. (Ord. 113 § 1 (Exh. A 1.7(A)(16)), 1983)
17.04.097 Alteration.
"Alteration" means any change to the exterior surfaces of a building including but not
limited to renovation, rehabilitation, reconstruction, restoration, replacement, or
rearrangement of structural parts or elements, or any changes that affect the plan
configuration of walls, spaces or bulk of a building. Alteration does not include painting.
(Ord. 679 § 2, 2008)
Ordinance No. 738
Page 6
17.04. 100 Ambient level.
"Ambient level" means that general noise level in the area at a given time. (Ord. 113 § 1
(Exh. A 1.7(A)(18)), 1983)
17.04.105 Anatomical areas.
For "anatomical areas," see "specified anatomical areas." (Ord. 113 § 1 (Exh. A 1.7
(A)(19)), 1983)
17.04.106 Animal enclosure.
An "animal enclosure" is a corral, paddock or stall used to house large animals. A riding
arena, or similar exercise or training area, is not an animal enclosure. (Ord. 438 § 2, 1994)
17.04.110 Animal hospital.
"Animal hospital" means a place where animals are given medical or surgical treatment
and are cared for during the time of such treatment. Use as a kennel shall be limited to
short-time boarding and shall be only incidental to such hospital use. (Ord. 113 § 1 (Exh. A
1.7(A)(20)), 1983)
17.04.116 Antique.
"Antique" means any collectible, object of art, bric -a -brac, curio, household furniture or
furnishing offered for sale upon the basis, express or implied, that the value of the
property, in whole or substantial part, is derived from its age or from its historical
associations. (Ord. 540 § 2, 2001)
17.04.117 Antique shop.
"Antique shop" means any place of business engaged in the business of buying and
selling, trading or accepting for sale on consignment antiques. (Ord. 540 § 2, 2001)
17.04.125 Apartment.
"Apartment" means a building or portion thereof designed and used for occupancy by two
or more individual persons or families living independently of each other. (Ord. 113 § 1
(Exh. A 1.7(A)(23)), 1983)
17.04.130 Arcades.
"Arcades" means places of business where five or more electronic or electrical coin -
operated games are operated for compensation. (Ord. 113 § 1 (Exh. A 1.7(A)(24)), 1983)
17.04.132 Attic.
"Attic" means the area between the roof framing and the ceiling of the rooms below, that is
not habitable, but may be reached by ladder from the interior of the building and used for
storage. Improvement of an attic to habitable status shall make it a story. (Ord. 679 § 2,
2008)
17.04.135 Automobile service station.
"Automobile service station" means a lot or portion of a lot used for the servicing of motor
vehicles. Such servicing may include sale of motor fuel and oils, lubrication, incidental
carwashing, waxing and polishing, sales and service of tires, tubes, batteries, and service
of auto accessories. Such servicing does not include tire recapping, sale of major auto
Ordinance No. 738
Page 7
accessories, wheel repair or parts, sale or rebuilding of engines, battery manufacturing or
rebuilding, radiator repair or steamcleaning, body repair, painting or upholstery, or
installation of auto glass. (Ord. 113 § 1 (Exh. A 1.7(A)(25)), 1983)
17.04.145 Basement.
"Basement" means a story partly or wholly underground. A basement shall be counted as
a story for purposes of height measurement where more than one -half of its height is
above grade. (Ord. 113 § 1 (Exh. A 1.7(A)(27)), 1983)
17.04.153 Board and care.
"Board and care" means a facility licensed by the State Department of Social Services,
which provides room, board, minor medical care and cleaning services for ambulatory
senior citizens. (Ord. 144 § 5, 1984; Ord. 113 § 1 (Exh. 1.7, 1983)
17.04.155 Boardinghouse or roominghouse.
"Boardinghouse" or " roominghouse" means a building containing a dwelling unit where
lodging is provided with or without meals for compensation for five or more persons. (Ord.
113 § 1 (Exh. A 1.7(A)(29)), 1983)
17.04.157 Body piercing.
"Body piercing" means the creation of an opening in the body of a human being for the
purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing
of a lip, tongue, nose, or eyebrow. "Body piercing" does not include the piercing of an ear.
(Ord. 483 § 1, 1997)
17.04.160 Building.
"Building" means any structure having a roof supported by columns or walls. (Ord. 113 § 1
(Exh. A 1.7 (A)(30)), 1983)
17.04.170 Building height.
"Building height" means the vertical distance from the average grade to the highest point of
the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the
highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys, or
other such incidental appurtenances.
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(Ord. 113 § 1 (Exh. A 1.7(A)(32)), 1983)
Ordinance No. 738
Page 8
17.04.172 Building, main.
"Building, main" means a building within which is conducted the principal use permitted on
the lot as provided in this title. (Ord. 679 § 2, 2008)
17.04.175 Building site.
"Building site" means a legally created parcel or contiguous parcels of land in single or joint
ownership, which provides the area and the open spaces required by this title, exclusive of
all vehicular and pedestrian rights -of -way and all other easements that prohibit the surface
use of the property by the owner thereof. (Ord. 113 § 1 (Exh. A 1.7(A)(33)), 1983)
17.04.180 Business center.
"Business center" means a development in which businesses and structures are designed
as an architecturally integrated and interrelated development. Such design is independent
of the number of structures, lots, or parcels making up the center. (Ord. 113 § 1 (Exh. A
1.7(A)(34)), 1983)
17.04.195 Canopy.
"Canopy" means a permanent rooflike structure extending from part or all of a building face
and constructed of durable material which may not project over a public right -of -way. (Ord.
113 § 1 (Exh. A 1.7(A)(37)), 1983)
17.04.202 Caretaker's living quarters.
"Caretaker's living quarters" means living quarters accessory to a principal use on a site
and intended for occupancy on the same site, as a caretaker, security guard, or similar
position generally requiring residence on the site. (Ord. 674 § 2(D), 2008)
17.04.205 Carport.
"Carport" means a permanent roofed structure with not more than two enclosed sides used
or intended to be used for vehicle storage for the occupants of the premises. (Ord. 113 § 1
(Exh. A 1.7(A)(39)), 1983)
17.04.210 Clinic.
"Clinic" means a place for medical services to patients human or animal not involving the
overnight housing of patients. (Ord. 113 § 1 (Exh. A 1.7(A)(41)), 1983)
17.04.215 Club.
"Club" means an association of persons, whether or not incorporated, for a common
purpose, but not including groups organized solely or primarily to render a service as a
business for profit. (Ord. 113 § 1 (Exh. A 1.7(A)(42)), 1983)
17.04.220 Coffeeshop.
" Coffeeshop" means a completely enclosed
served as a business for profit. (Ord. 113 § 1
restaurant facility wherein the customers are
(Exh. A 1.7 (A)(43)), 1983)
17.04.225 Community apartment.
"Community apartment" means a development in which an undivided interest in the land is
coupled with the right of exclusive occupancy of an apartment located thereon. (Ord. 113 §
1 (Exh. A 1.7(A)(44)), 1983)
Ordinance No. 738
Page 9
17.04.235 Condominium.
"Condominium" means an estate in real property consisting of an undivided interest in
common in a portion of a parcel of real property, together with a separate interest in space
in a residential, industrial or commercial building on such real property, such as an
apartment, office or store. (Ord. 113 § 1 (Exh. A 1.7(A)(46)), 1983)
17.04.240 Condominium conversion.
"Condominium conversion" means the conversion of rental units, residential or
commercial, into a condominium project. (Ord. 113 § 1 (Exh. A 1.7(A)(47)),1983)
17.04.250 Convalescent home.
"Convalescent home" means a facility licensed by the State Department of Public Health,
the State Department of Social Welfare, or the County, which provides bed and ambulatory
care for patients with post- operative convalescent, chronically ill or dietary problems, and
persons aged or infirm unable to care for themselves; but not including, alcoholics, drug
addicts, or persons with mental or contagious diseases or afflictions. (Ord. 113 § 1 (Exh. A
1.7(A)(49)), 1983)
17.04.265 County Recorder.
"County Recorder" means the County Recorder of San Diego County. (Ord. 113 § 1 (Exh.
A 1.7(A)(54)), 1983)
17.04.268 Crawl space.
"Crawl space" means an enclosed area below the first usable floor of a building, generally
less than five feet in height, used for limited access for plumbing and electrical utilities.
(Ord. 679 § 2, 2008)
17.04.270 Day nursery.
"Day nursery (including pre - school and nursery schools)" means any building, buildings or
portion thereof used for the daytime care of children. (Ord. 162 § 1, 1985; Ord. 113 § 1
(Exh. A 1.7(A)(55)), 1983)
17.04.275 Density.
"Density" means the total number of dwelling units permitted on a net acre of land
exclusive of all existing public or private streets and rights -of -way. (Ord. 113 § 1 (Exh. A
1.7(A)(56)), 1983)
17.04.280 Development.
"Development" means the total number of dwelling units permitted on a net acre of land
exclusive of all existing public or private streets and rights -of -way. (Ord. 113 § 1 (Exh. A
1.7(A)(57)), 1983)
17.04.290 Director of Development Services.
"Director of Development Services" means the Director of Development Services of the
City. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A 1.7(A)(59)), 1983)
Ordinance No. 738
Page 10
17.04.295 Dormitory.
"Dormitory" means a building intended or used principally for sleeping accommodations,
where such building is related to an educational institution. (Ord. 113 § 1 (Exh. A
1.7(A)(60)), 1983)
17.04.300 Drive -in or drive - through restaurant.
"Drive -in or drive - through restaurant" means a place of business which sells food products
and /or beverages and which:
A. Delivers such food products and /or beverages to customers outside of the building in
which they are prepared by means of service, a window, counter, or similar method or
device; or
B. Delivers such food products and /or beverages to customers within a building which is
designed in such a manner that a majority of the customers will remove such food
products and /or beverages from the building for consumption either on the premises or in
the immediate vicinity. (Ord. 113 § 1 (Exh. A 1.7(A)(61)), 1983)
17.04.305 Dwelling.
"Dwelling" means a building or portion thereof designed exclusively for residential
occupancy. (Ord. 113 § 1 (Exh. A 1.7(A)(62)), 1983)
17.04.310 Dwelling, guest.
"Guest dwelling" means a building or portion thereof designed exclusively for residential
occupancy. (Ord. 113 § 1 (Exh. A 1.7(A)(63)), 1983)
17.04.315 Dwelling, multiple.
"Multiple dwelling" means a building containing two or more dwelling units or a combination
of two or more separate single - family dwelling units on one lot. (Ord. 113 § 1 (Exh. A
1.7(A)(64)), 1983)
17.04.320 Dwelling, single - family.
"Single- family dwelling" means a detached building designed exclusively for residential
occupancy. (Ord. 113 § 1 (Exh. A 1.7(A)(65)), 1983)
17.04.325 Dwelling unit.
"Dwelling unit" means one or more rooms and a single kitchen in a single - family dwelling,
apartment house or hotel designed as a unit for occupancy by one family for living and
sleeping purposes. (Ord. 235 § 1, 1987; Ord. 113 § 1 (Exh. A 1.7 (A)(66)), 1983)
17.04.327 Eating and drinking establishments.
"Eating and drinking establishments" means bars, nightclubs, restaurants, coffee shops,
delicatessens and private clubs which may offer food, alcoholic beverages and /or
entertainment. (Ord. 626 § 3, 2005; Ord. 235 § 1, 1987)
17.04.330 Educational institutions.
"Educational institutions" means public and other nonprofit institutions conducting regular
academic instruction at kindergarten, elementary, secondary, collegiate levels, and
Ordinance No. 738
Page 11
including graduate schools, universities, nonprofit research institutions and religious
institutions. (Ord. 235 § 1, 1987; Ord. 113 § 1 (Exh. A 1.7(A)(67)), 1983)
17.04.333 Exotic, wild or nondomestic animal.
"Exotic, wild or nondomestic animal" means any animal not normally domesticated in the
United States such as, but not limited to, a reptile, fox, raccoon or similar animal, including
predatory or poisonous animals. (Ord. 674 § 2(A), 2008)
17.04.335 Family.
"Family" means an individual or two or more persons related by blood, marriage or
adoption, or a group including unrelated individuals bearing the generic character of and
living together as a relatively permanent bona fide housekeeping unit sharing such needs
as cooking facilities. Family also means the persons living together in a licensed
"residential facility" as that term is defined in California Health and Safety Code Section
1502(a)(1), which services six or fewer persons, including the licensee, the members of
the licensee's family, and persons employed as facility staff. (Ord. 232 § 1, 1987; Ord. 113
§ 1 (Exh. A 1.7(A)(68)), 1983)
17.04.337 Fence.
"Fence" means a vertical barrier or enclosure constructed of any material which supports
no load other than its own weight. (Ord. 232 § 1, 1987)
17.04.355 Garage.
"Garage" means a detached accessory building or a portion of a main building on the
same lot for the parking and temporary storage of vehicles of the occupants of the
premises. (Ord. 113 § 1 (Exh. A 1.7(A)(72)), 1983)
17.04.357 Garage, private.
"Garage, private" means an accessory building or an accessory portion of the main
building designed and /or used for the shelter or storage of vehicles of the occupants of the
main building. (Ord. 679 § 2, 2008)
17.04.360 General plan.
"General plan" means the general plan of the City and shall consist of the general plan
maps adopted by the City Council. (Ord. 113 § 1 (Exh. A 1.7(A)(73)), 1983)
17.04.365 Grade.
"Grade" means the average level of the finished ground surfaces within a 20 -foot area
surrounding a building. (Ord. 113 § 1 (Exh. A 1.7(A)(74)), 1983)
17.04.370 Grand opening.
"Grand opening" means a promotional activity not exceeding 30 calendar days used by
newly established businesses, within six months after occupancy, to inform the public of
their location and service available to the community. Grand opening does not mean an
annual or occasional promotion of retail sales by a business. (Ord. 113 § 1 (Exh. A
1.7(A)(75)), 1983)
Ordinance No. 738
Page 12
17.04.375 Gross area.
"Gross area" means the total horizontal area within the lot lines of a lot or parcel of land
before public streets, easements or other areas to be dedicated or reserved for public use
are deducted from such lot or parcel. (Ord. 113 § 1 (Exh. A 1.7(A)(76)), 1983)
17.04.378 Guest house.
"Guest house" means attached or detached living quarters located on the same building
site as a dwelling, designed for housing servants, guests, or members of the family, having
no cooking facilities or kitchen and not rented or otherwise used as a separate dwelling.
(Ord. 225 § 1, 1987)
17.04.380 Guestroom.
" Guestroom" means a room which is designed to be occupied by one or more guests for
sleeping purposes, and having no kitchen facilities. (Ord. 113 § 1 (Exh. A 1.7(A)(77)),
1983)
17.04.390 Highway.
"Highway" means a street shown as a freeway, major, primary, or secondary highway on
the general plan of the City. (Ord. 113 § 1 (Exh. A 1.7(A)(79)), 1983)
17.04.392 Home occupation.
"Home occupation" means any occupation or profession conducted or carried on entirely
within a dwelling by the occupants thereof which is clearly incidental and secondary to the
use of the structure for dwelling purposes and which does not change the character
thereof and does not adversely affect other uses in the zone of which it is a part. Home
occupations shall be evaluated in accordance with the provisions and criteria in Chapter
17.28 PMC. (Ord. 674 § 2(E), 2008)
17.04.395 Hospital.
"Hospital" means an institution for the diagnosis, care, and treatment of human illness,
including surgery and primary treatment. (Ord. 113 § 1 (Exh. A 1.7(A)(80)), 1983)
17.04.400 Hotel.
"Hotel" means a structure or portion thereof or a group of attached guestrooms or suites
occupied on a transient basis for compensation. (Ord. 113 § 1 (Exh. A 1.7(A)(81)), 1983)
17.04.401 Household pet.
"Household pet" means any animal customarily permitted and kept in a dwelling and kept
only for the company or pleasure provided to the occupants of the dwelling, to include
dogs, cats, rabbits, parakeets, tropical fish, and hamsters or other similar domesticated
animals. (Ord. 674 § 2(C), 2008)
17.04.403 Independent living.
"Independent living" means a facility which provides housing and recreation for active
ambulatory senior citizens. (Ord. 144 § 5, 1984; Ord. 113 § 1 (Exh. 1.7, 1983)
Ordinance No. 738
Page 13
17.04.405 Inoperative activity.
"Inoperative activity" means a
temporary closures for repairs,
for a period of at least 30 days.
17.04.411 Junk.
business or activity that has ceased operation, except for
alterations, or other similar situations at any given location
(Ord. 113 § 1 (Exh. A 1.7(A)(82)), 1983)
"Junk" means any combustible or noncombustible waste including, but not limited to, trash,
refuse, paper, glass, cans, bottles, rags, fabrics, bedding, ashes, trimmings from lawns,
shrubbery or trees, except when used for mulch or like agricultural purposes; household
refuse other than garbage; used lumber, metal, plumbing fixtures, bricks, building stones,
plaster, wire or like materials from the demolition, alteration or construction of buildings or
structures; used tires or inner tubes, auto, aircraft or boat parts; plastic or metal parts or
scraps; damaged or defective machinery, whether or not repairable; and damaged or
defective toys, recreational equipment or household appliances or furnishings, whether or
not repairable. (Ord. 540 § 2, 2001)
17.04.415 Kennel.
"Kennel" means any property or premises on which seven or more dogs, seven or more
cats, or any combination thereof, over the age of four months, are kept. (Ord. 674 § 3,
2008; Ord. 232 § 1, 1987; Ord. 113 § 1 (Exh. A 1.7(A)(84)), 1983)
17.04.420 Large animals.
"Large animals" include equine and bovine animals and other such animals described and
assumed by their size, weight, and /or appearance to be large animals. (Ord. 113 § 1 (Exh.
A 1.7(A)(85)), 1983)
17.04.425 Legal.
"Legal" means authorized or permitted in accordance with defined procedures by
ordinance or law. (Ord. 113 § 1 (Exh. A 1.7(A)(86)), 1983)
17.04.430 Legal lot.
"Legal lot" means:
A. A parcel of real property shown as a delineated parcel of land with a number of letter
designation, or a subdivision map, or parcel map recorded in the office of the County
Recorder and created in conformance with the State Subdivision Map Act;
B. A parcel of real property shown on a recorded record of survey map, lot division plat, or
other official map filed in the office of the County Recorder or County Engineer, when such
map or plat was filed as the result of and was made a condition of a lot division approved
by the County under the authority of prior or existing County ordinances;
C. Any parcel of real property which existed as a separate parcel on or before February 1,
1972, as evidenced by a valid deed recorded on or before that date;
D. A parcel of real property described in a recorded certificate of compliance, approved
and filed by the County or City in accordance with the State Subdivision Map Act. (Ord.
113 § 1 (Exh. A 1.7(A)(87)), 1983)
17.04.432 Live entertainment.
"Live entertainment" means any single event or series of events conducted for guests or
patrons, including, but not limited to:
Ordinance No. 738
Page 14
A. Presentations by single or multiple performers, such as singers, musicians, hypnotists,
pantomimes, comedians, musical song and dance acts, plays, concerts, or other
demonstration of talent which may be attended by members of the public;
B. Dancing to recorded or live music by paid performers;
C. The presentation of recorded music played on equipment, which is operated by an
agent or contractor of the establishment, commonly known as "DJ" or disc jockey.
Live entertainment does not include entertainment provided by a patron or dancing
between patrons, including, without limitation, singing by patrons (karaoke); or television,
radio, close circuit or Internet broadcasts of live entertainment; or recorded music
broadcast over a general area without a "DJ" or disc jockey. Also excluded from this
definition are adult- oriented businesses as defined in Chapter 17.38 PMC. (Ord. 626 § 2,
2005)
17.04.433 Living unit.
"Living unit" means a unit that provides the basic amenities for everyday living and
includes but is not limited to a sleeping area, closet space, restroom, sitting /entertainment
area, incidental kitchen facilities and /or common dining and recreational facilities. (Ord.
235 § 1, 1987; Ord. 144 § 5, 1984; Ord. 113 § 1 (Exh. 1.7, 1983)
17.04.434 Lodge.
"Lodge" means an association
purpose, by not including group s
business for profit. (Ord. 235 § 1,
17.04.440 Lot.
"Lot" means:
of persons (whether or not incorporated) for a common
organized solely or primarily to render a service as a
1987)
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; or
B. A parcel of real property delineated on an approved record of survey, parcel map or
subdivision map as filed in the office of the County Recorder or in the office of the
Development Services Department, and abutting at least one public street or right -of -way,
or easement determined by the City Engineer to be adequate for the purpose of access; or
C. A parcel of real property abutting at least one public street or right -of -way or easement
determined by the City Engineer to be adequate for the purpose of access and held under
separate ownership from abutting property prior to February 1, 1972. (Ord. 518, 1999; Ord.
113 § 1 (Exh. A 1.7(A)(89)), 1983)
17.04.445 Lot, corner.
"Corner lot" means a lot located at the intersection or interception of two or more streets at
an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot
shall be considered an "interior lot." (Ord. 113 § 1 (Exh. A 1.7(A)(90)), 1983)
17.04.450 Lot coverage.
"Lot coverage" means the ratio between the ground floor area of the building or buildings
and the net area of the lot, exclusive of the ultimate street right -of -way. For master planned
commercial, industrial, or institutional projects that may encompass multiple lots, the lot
coverage standard may be calculated over the entire area of the master planned site. (Ord.
628 § 3, 2005; Ord. 113 § 1 (Exh. A 1.7(A)(91)), 1983)
Ordinance No. 738
Page 15
17.04.455 Lot depth.
"Lot depth" means the average horizontal distance between the front and rear lot lines
measured in the mean direction of the side lot lines. (Ord. 113 § 1 (Exh. A 1.7(A)(92)),
1983)
17.04.460 Lot, flag.
"Flag lot" means a lot which utilizes a narrow strip as its means of providing frontage on a
street and /or providing vehicular access to the lot. (Ord. 113 § 1 (Exh. A 1.7(A)(93)), 1983)
17.04.465 Lot, interior.
"Interior lot" means a lot other than a corner lot. (Ord. 113 § 1 (Exh. A 1.7(A)(94)), 1983)
17.04.470 Lot line.
"Lot line" means any line bounding a lot as defined in PMC 17.04.440 (Ord. 113 § 1 (Exh.
A 1.7(A)(95)), 1983)
17.04.475 Lot line, front.
"Front lot line" means on an interior lot, the front lot line is the property line abutting the
street. On a corner or reverse corner lot, the front lot line is the shorter property line
abutting a street, except in those cases where the subdivision or parcel map specifies
another line as the front lot line. On a through lot or a lot with three or more sides abutting
a street or a corner or reverse corner lot with lot lines of equal length, the Director shall
determine which property line shall be the front lot line for the purposes of compliance with
yard and setback provisions of this title. On a private street or easement, the front lot line
shall be designated as the edge of the easement. (Ord. 113 § 1 (Exh. A 1.7(A)(96)), 1983)
17.04.480 Lot line, interior.
"Interior lot line" means a lot line not abutting a street. (Ord. 113 § 1 (Exh. A 1.7(A)(97)),
1983)
17.04.485 Lot line, rear.
"Rear lot line" means a lot line not abutting a street which is opposite and most distant from
the front lot line. In the case of an irregular- shaped lot, a line within the lot, parallel to and
at a maximum distance from the front lot line, having a length of not less than 10 feet. A lot
which is bounded on all sides by streets may have no rear lot line. (Ord. 113 § 1 (Exh. A
1.7(A)(98)), 1983)
17.04.490 Lot, reverse corner.
"Reverse corner lot" means a corner lot, the side line of which is substantially a
continuation of the front lot lines of the lot to its rear, whether across an alley or not. (Ord.
113 § 1 (Exh. A 1.7(A)(99)), 1983)
17.04.495 Lot line, side.
"Side lot line" means any lot line not a front lot line or rear lot line. (Ord. 113 § 1 (Exh. A
1.7(A)(100)), 1983)
Ordinance No. 738
Page 16
17.04.500 Lot, through.
"Through lot" means a lot having frontage on two parallel or approximately parallel streets.
(Ord. 113 § 1 (Exh. A 1.7(A)(101)), 1983)
17.04.505 Lot width.
"Lot width" means the horizontal distance between the side lot lines, measured at right
angles to the lot depth at a point midway between the front and rear lot lines.
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(Ord. 113 § 1 (Exh. A 1.7(A)(102)), 1983)
17.04.510 Major review.
"Major review" means a method of review by the City Council to determine conformance
with applicable ordinances. (Ord. 113 § 1 (Exh. A 1.7(A)(103)), 1983)
17.04.513 Masonry wall.
"Masonry wall" means a solid wall composed of stone, brick, concrete, gypsum, hollow
clay tile, concrete block or tile or other similar building units or materials or a combination
of these materials laid up unit by unit and set in mortar. (Ord. 204 § 1 (Exh. A), 1986)
17.04.515 Minor review.
"Minor review" means a method of review by the Director of Development Services to
determine conformance with applicable ordinances. (Ord. 518, 1999; Ord. 113 § 1 (Exh. A
1.7(A)(104)), 1983)
17.04.520 Mobile home.
"Mobile home" means a movable or transportable vehicle, other than a motor vehicle,
designed as a permanent structure intended for occupancy for one family and having no
foundation other than jacks, piers, wheels, or skirtings. (Ord. 113 § 1 (Exh. A 1.7(A)(105)),
1983)
17.04.525 Mobile home unit space.
"Mobile home unit space" means a plot of ground within a mobile home park designed for
the accommodation of one mobile home unit. (Ord. 113 § 1 (Exh. A 1.7(A)(106)),1983)
17.04.530 Motel.
"Motel" means the same as "hotel." (Ord. 113 § 1 (Exh. A 1.7(A)(107)),1983)
Ordinance No. 738
Page 17
17.04.540 Net area.
"Net area" means all land, utility easements and trails within a given area or project
including residential lots, and other open space which directly serves the residents of the
net acre; but exclusive of all public or private streets and other easements such as a
floodway or flood - control channel. (Ord. 113 § 1 (Exh. A 1.7 (A)(109)), 1983)
17.04.545 Nonconforming building.
"Nonconforming building" means a building or portion thereof which was lawful when
established but which does not conform to the provisions of this title. (Ord. 113 § 1 (Exh. A
1.7(A)(110)), 1983)
17.04.550 Nonconforming lot.
"Nonconforming lot" means a lot, the area, frontage or dimensions of which do not conform
to the provisions of this title. (Ord. 113 § 1 (Exh. A 1.7(A)(111)), 1983)
17.04.560 Nonconforming use.
"Nonconforming use" means a use lawful when established but which does not conform to
the provisions of this title. (Ord. 113 § 1 (Exh. A 1.7(A)(113)), 1983)
17.04.573 Open fence.
"Open fence" means a fence with openings which represent at least 50 percent of the total
surface of each five -foot linear section when viewed perpendicular to the face of the fence.
(See exhibit under PMC 17.08.220(A).) (Ord. 232 § 1, 1987)
17.04.576 Outdoor display.
"Outdoor display" means the display of goods or merchandise for sale on private property
outside of a building in a manner that is incidental to and a part of the operation of the
adjacent indoor use. Excluded from this definition is the accessory display of vehicles for a
vehicle sales or rental business for which a business certificate has been issued. (Ord. 540
§ 2, 2001)
17.04.577 Outdoor storage and /or sales area.
"Outdoor storage and /or sales area" means a legally established permanent storage
and /or sales area that is not intended to be visible for advertising purposes. (Ord. 540 § 2,
2001)
17.04.585 Parkway.
"Parkway" means that area of a public street that lies between the curb and sidewalk or
between the sidewalk and the property line of the adjacent property owner, which is used
for planting purposes. (Ord. 113 § 1 (Exh. A 1.7(A)(118)), 1983)
17.04.595 Planned residential development.
"Planned residential development" means two or more dwelling units, including dwelling
units in developments commonly known as town or row - housing, condominiums and
cluster housing, together with related land, buildings and structures, planned and
developed as a whole in a single development operation or a programmed series of
operations in accordance with detailed, comprehensive plans encompassing such
elements as the circulation pattern and parking facilities, open space, utilities, and lots or
Ordinance No. 738
Page 18
building sites, together with a program for provision, operation and maintenance of all
areas, improvements, facilities and services provided for common use of the residents
thereof. (Ord. 113 § 1 (Exh. A 1.7(A)(120)), 1983)
17.04.612 Poultry.
"Poultry" includes chickens, hens, roosters, turkeys, ducks, geese, game birds, and other
animals similar in size, weight, or appearance. (Ord. 674 § 2(B), 2008)
17.04.615 Public right -of -way.
"Public right -of -way" means a strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied by a road,
crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary
storm sewer and other public uses. (Ord. 113 § 1 (Exh. A 1.7(A)(124)), 1983)
17.04.628 Recreational courts, public and semipublic.
"Recreational courts, public and semipublic" means tennis courts, paddle tennis courts,
and other similar uses as determined by the Development Services Director, which are
available for use by persons who do not reside in the project (includes membership clubs).
(Ord. 518, 1999; Ord. 206 § 1 (Exh. A), 1986)
17.04.629 Recycling center.
"Recycling center" means a facility intended to collect used beverage containers, including
glass, aluminum or steel and plastic. (Ord. 236 § 1, 1987)
17.04.630 Remodel.
"Remodel" means any improvement to the exterior or interior of a building that requires a
building permit. (Ord. 679 § 2, 2008)
17.04.631 Residence, main.
"Residence, main" means a building within which is conducted the principal residential use
permitted on the lot as provided in this title. (Ord. 679 § 2, 2008)
17.04.635 Roof.
"Roof' means the external covering of a building or structure above or covering any
exterior or interior vertical wall height. (Ord. 113 § 1 (Exh. A 1.7(A)(128)), 1983)
17.04.640 Roofline.
" Roofline" means the top edge of the roof or top of the parapet, whichever forms the top
line of the building silhouette. (Ord. 113 § 1 (Exh. A 1.7(A)(129)), 1983)
17.04.648 Second dwelling unit.
"Second dwelling unit" means an attached or detached residential dwelling unit, which
provides complete independent living facilities for one or more persons. It shall include a
kitchen and permanent provisions for living, sleeping, eating, and sanitation on the same
parcel as the single - family dwelling unit is situated. (Ord. 674 § 2(F), 2008)
Ordinance No. 738
Page 19
17.04.650 Service stations.
"Service stations" means the same as "automobile service station." (Ord. 113 § 1 (Exh. A
1.7(A)(131)), 1983)
17.04.655 Setback, front yard.
"Front yard setback" means the area which defines the depth of the required front yard.
Said setback shall be measured from the street line or the line established by the general
plan and be removed therefrom by the perpendicular distance prescribed for the front yard
setback of the zone in which the property is located. (Ord. 113 § 1 (Exh. A 1.7(A)(132)),
1983)
17.04.660 Setback, rear yard or side yard.
"Rear yard or side yard setback" means the area which defines the width or depth of the
required rear or side yard setbacks. Said setbacks shall be measured from the property
line, removed therefrom by the perpendicular distance prescribed for the yard setback in
the zone. Where the side or rear yard abuts a street, the distance shall be measured as
set forth in the "setback front yard," using the prescribed distance for rear yard and exterior
side yard setbacks. (Ord. 162 § 1, 1985; Ord. 113 § 1 (Exh. A 1.7(A)(133)), 1983)
17.04.670 Single- family zone.
"Single- family zone" means any zone designed primarily for detached single - family
dwellings including the residential single - family (RS) zones and the residential rural (RR)
zones. (Ord. 481 § 1, 1997)
17.04.675 Site plan.
"Site plan" means a plan, prepared to scale, showing accurately and with complete
dimensioning, all of the buildings, structures and uses and the exact manner of
development proposed for a specific parcel of land. (Ord. 113 § 1 (Exh. A 1.7(A)(136)),
1983)
17.04.680 Small animals.
"Small animals" means pigmy goats, pigs, goats, sheep, poultry, rabbits, miniature horses,
domestic animals and other such comparably sized animals distinguished from those
described as large animals. (Ord. 113 § 1 (Exh. A 1.7(A)(137)), 1983)
17.04.690 Special promotional parking lot sales event.
"Special promotional parking lot sales event" means a parking lot sale promoting a single
product sold nationwide that is part of a regional or national sales campaign required by
the parent corporation of a business operating in the City. Excluded are businesses that
are not nationwide and the product is not sold nationwide. (Ord. 661 § 2, 2007)
17.04.700 Stable.
"Stable" means the use of land for the quartering of 10 or more equines. (Ord. 432 § 2,
1994; Ord. 113 § 1 (Exh. A. 1.7(A)(141)), 1983)
17.04.715 Statuary.
"Statuary" means statues and sculptures that depict products, features, items, or logos of a
business excluding those items that are considered design features or compliments of the
Ordinance No. 738
Page 20
overall site such as wagons, benches, hand water pumps, troughs, and other like items.
(Ord. 113 § 1 (Exh. A 1.7(A)(145)), 1983)
17.04.720 Story.
"Story" means that portion of a building included between the surface of any floor and the
surface of the floor next above it, or if there is no floor above it, then the space between
such floor and the ceiling next above it. (Ord. 113 § 1 (Exh. A 1.7(A)(146)), 1983)
17.04.725 Street.
"Street" means a public thoroughfare or right -of -way or approved private thoroughfare or
right -of -way determined by the City Engineer to be adequate for the purpose of access,
which affords the principal means of access for abutting property including avenue, place,
way, drive, land, boulevard, highway, road and any other thoroughfare, except as excluded
in this title. The word "street" includes all major and secondary highways, traffic collector
streets, and local streets. (Ord. 113 § 1 (Exh. A 1.7(A)(147)), 1983)
17.04.730 Structure.
"Structure" means a mobile home or anything constructed or erected, building of any kind,
or any piece of work artificially built up or composed of parts joined together in some
definite manner, which requires location on or in the ground or is attached to something
having a location on or in the ground, including swimming and wading pools and covered
patios, excepting paved areas, walks, tennis courts, and similar outdoor areas, and further
excepting fences or walls 48 inches or less in height. (Ord. 113 § 1 (Exh. A 1.7(A)(148)),
1983)
17.04.735 Structural alteration.
"Structural alteration" means any change in or alteration to a structure involving a bearing
wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms,
foundations, piles, retaining walls, or similar components. (Ord. 113 § 1 (Exh. A
1.7(A)(149)), 1983)
17.04.736 Temporary outdoor sales.
"Temporary outdoor sales" means outdoor sales events or promotions of a limited duration
or frequency. Such events include, but are not limited to parking lot sales, tent sales and
seasonal promotional events. These events are subject to the temporary use permit
requirements of PMC 17.26.030 (Ord. 540 § 2, 2001)
17.04.743 Tobacco shops.
"Tobacco shops" means any business whose main intention is the sale, be it retail or
wholesale, of tobacco products and their accessories. (Ord. 472, 1997)
17.04.745 Use.
"Use" means the purpose for which land or a building is arranged, designed or intended, or
for which either land or building is or may be occupied or maintained. (Ord. 113 § 1 (Exh. A
1.7(A)(151)), 1983)
Ordinance No. 738
Page 21
17.04.747 Use, principal.
"Use, principal" means the primary purpose for which a building, structure or lot is
designed, arranged or intended, or for which it may be used, occupied or maintained under
this title. (Ord. 679 § 2, 2008)
17.04.750 Useful life.
"Useful life" means the period of time in which a sign and all its parts, portions, and
materials are maintained and kept in proper repair as specified in PMC 17.40.130 (Ord.
113 § 1 (Exh. A 1.7(A)(152)), 1983)
17.04.765 Wholesaling.
"Wholesaling" means the selling of any type of goods for purpose of resale. (Ord. 113 § 1
(Exh. A 1.7(A)(155)), 1983)
17.04.775 Yard.
"Yard" means any open space on the same lot with a building or dwelling group, which
open space is unoccupied and unobstructed except for the projections permitted by this
title. (Ord. 113 § 1 (Exh. A 1.7(A)(157)), 1983)
17.04.780 Yard, front.
"Front yard" means a space between the front yard setback and the front lot line or future
street line, and extending the full width of the lot. (Ord. 113 § 1 (Exh. A 1.7(A)(158)), 1983)
17.04.785 Yard, rear.
"Rear yard" means a space between the rear yard setback and the rear lot line, extending
the full width of the lot. (Ord. 113 § 1 (Exh. A 1.7(A)(159)), 1983)
17.04.790 Yard, side.
"Side yard" means a space extending from the front yard, or from the front yard lot where
no front yard is required by this title, to the rear yard, or rear lot. (Ord. 113 § 1 (Exh. A
1.7(A)(160)), 1983)
17.04.795 Zoning development code and /or ordinance.
"Zoning development code and /or ordinance" means the zoning regulations of the City.
(Ord. 113 § 1 (Exh. A 1.7(A)(161)), 1983)
Section 3: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days
after its adoption.
CERTIFICATION /PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City
Council members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation in the City of Poway within fifteen (15) days after its
adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in
accordance with Government Code § 36933.
Ordinance No. 738
Page 22
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 21st day of February 2012, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 6th day of March 2012.
Don Higginson, Mayor
ATTEST:
>Li!!A royan, MMC, City CI
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 738, was duly adopted by the City Council at a meeting of said
City Council held on the 6th day of March 2012, and that it was so adopted by the following
vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
indo A. Troyan, MMC, City Clerk
City of Poway