Article I – Purpose And Applicability Of Zoning Ordinance

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City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Article IX. General Terms Division 1. Use Classifications Sections: 122-1579 122-1580 Purpose and Applicability Use Classifications 122-1579 Purpose and Applicability Use classifications describe one or more uses of land having similar characteristics but do not list every use or activity that may appropriately be within the classification. If a particular land use is identified as an example of one category but exhibits the characteristics of another, the use shall be categorized under the latter. The Planning Division shall make the determination as to whether a specific use is included or not included within a classification based on the characteristics of the use. A specific use shall not be deemed to be within a classification whether or not named within the classifications if its characteristics are substantially incompatible with those of the typical uses named within the classification. 122-1580 Use Classifications Adult Day Care Center. A state licensed facility that provides non-medical care and supervision for dependent adult clients for periods of less than 24 hours for any client. Adult-Oriented Business. An establishment that 1) operates as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, adult modeling studio; 2) sells or distributes or offers for sale or distribution sexuallyoriented merchandise or sexually-oriented materials; or 3) any other establishment which offers products, merchandise, services, or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas. This classification does not include uses or activities whose regulation is preempted by State law. This classification applies to all establishments that provide materials, products, merchandise, services, entertainment, or performances characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas when one or more of the following conditions exist: (a) The area devoted to adult merchandise and/or sexually-oriented material exceeds more than 20 percent of the total display or floor space area open to the public. (b) The establishment presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical areas. (c) The business consists of or involves the sale, trade, display, or presentation of services, products, or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. Airport. A facility for aircraft take-off and landing with a runway, helipad, or water surface which also may include support operations, fueling and maintenance facilities, aircraft storage buildings, public terminals, parking, incidental retail sales, and food services related to airport operations. Division 1. Use Classifications Article IX – Page 1 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Ambulance Service. A base facility where emergency vehicles are stored until dispatched, and/or a facility, other than a hospital or fire department, where ambulance vehicles and crews stand by for emergency calls. This classification may include residential accommodations for emergency personnel. Animal Services Boarding, Kennel. A commercial establishment that provides overnight boarding for household pets as a paid service and/or breeding services. This classification does not include animal hospitals that provide 24-hour accommodations for animals receiving medical services. See also (Animal Hospital, Veterinary Clinic). Dog Day Care, Dog Training. A commercial establishment that provides less than 24-hour keeping, boarding, or training for household pets as a paid service. This classification does not include facilities that provide overnight accommodations. Grooming. A commercial establishment that provides household pet grooming services with no boarding services. Hospital, Veterinary Clinic. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. See also (Boarding, Kennel). Antennae (See Wireless Communication Facility) Antique, Collectible Stores. A retail establishment that sells antiques, curios, gifts and souvenirs, and collectible items including sports cards and comic books. This classification does not include stores selling other types of second hand items, including clothing, household items, or furniture, including consignment stores or pawn shops. (See Retail, Restricted) Artisan/Custom Product. (See Manufacturing, Processing) Automobile Sales and Rental/Leasing: Auction. A facility that sells new or used automobiles and other vehicles through a bidding process. Brokers. An establishment engaged in arranging, negotiating, and assisting in the sale of new or used vehicles (not owned by the broker) by acting as an agent of the buyer, seller, or both, including the following: Office Only. Automobile brokers operating within an enclosed office building with no vehicle display area. Office with Vehicle Display. Automobile brokers operating within an enclosed office building with an indoor or outdoor vehicle display area. Dealership. An establishment that sells or leases automobiles, motorcycles, trucks for personal use, and vans. New. Sales or leasing of new automobiles and trucks by new car dealers, including previously owned automobiles, and sales of parts and accessories, storage, and incidental maintenance and repair. Division 1. Use Classifications Article IX – Page 2 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Used. Sales or leasing of previously owned automobiles and trucks by car dealer not affiliated with new car manufacturers. Motorcycles. Sales of motorcycles or similar vehicles such as motor scooters, minibikes, and all-terrain vehicles including repair and sales of parts and accessories as an incidental use. Rental. A facility that rents automobiles, trucks and other passenger vehicles used primarily for personal or business travel. U-Haul rentals, large commercial trucks and related vehicles are listed elsewhere under the classification “Vehicle and Equipment Facilities.” Automobile Services and Repair: Car Wash, Attended. A commercial facility for washing cars where a service attendant washes the vehicle using on-site equipment or the car operator drives through an automated car washing and drying facility. An owner or his representative is on location to participate in the operation of the facility. Car Wash, Unattended. A commercial facility where the car operator uses water hoses, soap dispensers, drying and other on-site equipment to wash the vehicle with no facility owner or representative present during the washing. For example, the customer feeds coins into a machine in order to operate the hoses and drying vacuums for a set period of time. Gas Station. A commercial facility that sells gasoline and/or diesel fuel for the on-site fueling of individual vehicles and may include a small mini-mart, minor maintenance/repair facilities and services, and unattended car wash as incidental uses. This classification does not include vehicle or truck rentals such as U-Haul rentals or fleet services. (See Vehicle and Equipment Facilities). Maintenance Services. An establishment that provides maintenance services as opposed to repair while customers wait, such as oil changes, tune-ups, smog checks, tire sales and installation, auto radio/electronics installation, auto air conditioning/heater service, and the sale of related parts and accessories. There is no overnight storage and most work is performed within a building or under covered bays. Major Repair/Body Work. An establishment that provides major repair that may require vehicles to be stored on an overnight basis such as body and fender work, vehicle painting, transmission shops, exhaust and suspension systems, engine overhauls involving the removal of engine blocks, painting and undercoating, glass replacement, upholstery and convertible top service, radiator, transmission, and wheel and axle repair. This classification does not include vehicle dismantling or salvaging and tire re-treading or recapping. Minor Repair. An establishment that provides repair, service, alteration, restoration, painting, cleaning, or maintenance of automobiles, light-duty trucks, motorcycles, including the sale, installation, and servicing of parts, where repairs are made or service provided in enclosed bays. Activities could include auto detail or brake and muffler work. This classification does not include automobile repair when incidental to a new car dealership (see Automobile Sales and Rental/Leasing; Automobile Dealership), and dismantling and salvage yards (see Automobile Wrecking, Dismantling Yard), or repair of heavy trucks, construction vehicles, motor homes, and recreational vehicles (see Vehicle and Equipment Facilities, Heavy Vehicle and Large Equipment, Sales/Rental, Service, and Repair). Division 1. Use Classifications Article IX – Page 3 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Automobile Wrecking, Dismantling Yard. An establishment primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, or the storage of, sale or dumping of, dismantled, partly dismantled, obsolete or wrecked vehicles or their parts and the incidental wholesale or retail sales of parts from those vehicles. This classification does not include recycling processing facilities. (See Recycling Facilities, Processing Facility) Banks and Financial Services: Bank, Credit Union. A financial institution that provides retail banking services. Examples include institutions engaged in the on-site circulation of money, including credit unions. This classification does not include check-cashing businesses. Bank with Drive-Through Service. A facility where banking services may be obtained by motorists without leaving their vehicles. Check Cashing Business. An establishment that provides compensation for checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes establishments offering deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. This classification does not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies and retail sellers that cash checks or issue money orders incidental to the main business. Bed and Breakfast Inn. A residential facility with one or more bedrooms, rented for overnight lodging, where meals may be provided from a single kitchen for lodgers and residents only. Building Materials Sales and Services. An indoor or outdoor establishment selling cabinetry, fixtures, flooring, glass, lumber, paint, wallpaper, and other building materials; plants and landscaping materials including rock, stone, and masonry products to the general public. Includes stores with indoor service areas. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Wholesaling, Distribution.” Does not include large format retail home stores in buildings over 80,000 square feet (see Retail, Big Box), nor show room stores with contractor sales and assembly, which are classified as “Warehouse Show Room w/Assembly & Sales.” With Outdoor Storage. Business Support Services. An establishment that provides goods and services to the general public, as well as to other businesses. Examples include: • • • • • Graphics, and advertising services Bookkeeping Computer-related services Copying and blueprint services Mailboxes • • • • Office equipment rental and leasing Publishing services Secretarial, word processing and temporary clerical services Shipping and mailing services This classification does not include professional, executive, or management services. (See Office, Professional). Catering Service. A business that prepares food for consumption on the premises of a client or at any other location separate from where the food was prepared. Division 1. Use Classifications Article IX – Page 4 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Cemetery, Columbarium, Mausoleum. An establishment that provides land or structures for the burial of the deceased and/or their cremated remains. This classification excludes crematoriums and mortuaries(See Funeral Parlor, Mortuary). Child Day Care. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities, all of which are required to be licensed by the California State Department of Social Services, including the following: Family Day Care Home. As defined by Health and Safety Code §1596.78 (a) 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 family day care home or a Small family day care home, including the following: Small family day care home. As defined by Health and Safety Code Section 1596.78(c), a Small family day care home is a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, as set forth in Health and Safety Code Section 1597.44 and as defined in regulations issued by the State of California. Large family day care home. As defined by Health and Safety Code Section 1596.78(c), a Large family day care home is a home that provides family day care for seven to 14 children inclusive, including children under the age of 10 years who reside at the home, as set forth in Health and Safety Code Section 1597.465 and as defined in regulations issued by the State of California. Nursery School, Pre-School, Childcare. ). Commercial or non-profit child day care facility designed and approved to accommodate 15 or more children. Examples include nursery schools, preschools, and day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use. Community Garden. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. The intention is for persons residing within a geographic subarea of the City or who share some other common, unifying identity to participate in garden activities and to own the resulting ornamental plants, flowers and produce. This classification excludes outdoor cultivation of medical marijuana, which is banned under Section 122-57 of the Development Code. Companion Animal, Horses, Fowl. Animals included in this group reside within pens, corrals, and other small enclosures in accordance with CMC Chapter 10, Article 2 (Standards for Keeping Noncommercial Livestock Animals, and Fowl). These animals serve primarily as pets/companions, such as a horse, and/or for residential household, non-commercial agricultural purposes. This classification does not include cattle and other grazing animals employed by open space agencies for fire suppression and other land management purposes (see Livestock, Grazing). Conference, Convention Facility. A facility with one or more structures accommodating multiple assembly, meeting, and/or exhibit rooms, and related support facilities (e.g., kitchens, offices, etc.). Contractors, Special Trade: Cabinet Shop. A facility that provides indoor and outdoor carpentry workspace, as well as areas where finished products are sold. Contractor Office, No Outdoor Storage. A facility with offices operated by, and/or on behalf of a licensed construction or landscape contractor. It may include indoor working or storage space Division 1. Use Classifications Article IX – Page 5 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 for the storage of materials, equipment, vehicles, and other materials commonly used in the individual contractor’s type of business including repair and maintenance of the equipment and vehicles, and related buildings or structures for such use. The facility does not include outdoor working or storage space. Contractor Yard, w/Outdoor Storage. A facility that provides outdoor storage facilities operated by, and/or on behalf of a licensed construction or landscape contractor for the storage of materials, equipment, vehicles, and other materials commonly used in the individual contractor’s type of business including repair and maintenance of the equipment and vehicles, and related buildings or structures for such use. The facility may include an office and other indoor working or storage space. Crop Production, Orchard, Vineyard. An agricultural facility for production including preparation, production, and harvesting activities. Examples include field crops, flowers and seeds, fruits and vegetables, grapes, ornamental crops, and vineyards. This classification also includes associated crop preparation services and harvesting activities such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, not including produce stands. This classification does not include wholesale or retail nurseries. (See Retail, Nursery, Garden Center) This classification excludes outdoor cultivation of medical marijuana which is banned under Section 122-57 of the Development Code. Cultural Institution. A public or quasi-public facility that provides displays, entertainment, display of art or science objects, including performing arts center for theater, dance, and events, museums, historical sites and exhibits, art galleries, and botanical gardens and may include retail uses such as a gift shop, bookshop, or restaurant. Dwelling, Dwelling Units, Housing Units. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities but not more than one kitchen, and constitutes an independent, housekeeping unit occupied by or intended for one household on a long-term basis, including the following: Single-Family, Detached. An individual, free-standing, unattached building designed for and occupied exclusively by one family and surrounded by front, side, and rear yards. This classification includes custom or factory-built modular housing units, constructed in compliance with the Uniform Building Code (UBC) and mobile homes/manufactured housing on a permanent foundation. Single-Family, Detached -Small Lot Subdivision. A development of more than one detached single-family unit containing individual lots smaller than 6,000 square feet. Includes single family detached homes, zero lot line homes, patio homes, courtyard homes, and similar dwellings, but excludes units sharing common vertical walls. Single-Family, Attached. A dwelling unit designed or used for the occupancy of one family, located on a single lot, where one wall is attached by a common vertical wall to another singlefamily dwelling unit on an abutting lot. Single-family attached units shall not have units located one over another, and each unit shall have its own ground floor entrance from the exterior. Examples of single-family attached units include townhomes, row homes, and duets. Secondary Living Unit. An attached or detached unit with kitchen, sleeping, and bathroom facilities located on a lot with one single-family dwelling, where one of the units is owner occupied. Duplex. A single building on a lot that contains two dwelling units, each designed for occupancy by one household. Division 1. Use Classifications Article IX – Page 6 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Multifamily. A dwelling unit that is part of a structure containing more than one dwelling unit sharing common walls or otherwise attached, including triplexes, four-plexes, flats, townhomes with vertically stacked units, garden apartments, condominiums, cooperatives, and apartments. Units may be entered from the exterior, or from a courtyard or interior hallway. Eating and Drinking Establishments: Bar, Night Club, Lounge. An establishment that sells beer, wine, and distilled spirits for on-site consumption and may include live entertainment. Restaurant, Full Service . A restaurant that prepares food, may include alcoholic drinks, and serves seated customers who select food from a menu. Take out service is optional and may not be available. Restaurant, Limited Service. An establishment that prepares food or sells packaged food for on-site consumption, take out, or delivery. Typically customers self-serve or are served partially. This classification includes cafeterias, delicatessens, fast-food restaurants, sandwich shop, pizza parlors, snack bars, takeout restaurants, and catering businesses or bakeries that have a storefront restaurant component. Restaurant with Drive-Through. A restaurant where food or coffee type beverages may be purchased by motorists who remain in their vehicles during the sales transaction. Restaurant with Live Entertainment. A full service or limited service restaurant that also provides live music, a disc jockey, karaoke, dancing to live or recorded music, and/or comedy or theatrical performances to patrons. This classification does not include coin-operated music player machines, i.e., jukeboxes, or other recorded music. Emergency, Homeless Shelter. For the purposes of this section, an emergency shelter or homeless shelter has the same meaning as defined in Section 50801 of the California State Health and Safety Code (e) “emergency shelters” is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.). This includes facilities that provide temporary housing, meals, showers, and other related services to persons who are homeless and where on-site supervision is provided whenever the shelter is occupied, operated by a public or non-profit agency. Specialized programs and services related to the needs of the residents may also be provided. This classification does not include emergency shelters set up for disaster relief which are allowed in any zoning district or Group Homes that provide accommodations for a longer term. (See Residential Facility, Group Housing) Fitness Facility, Health Club. A large scale fitness center, health, or athletic club with activities and facilities such as fitness centers, fitness classes, gymnasiums, indoor and outdoor sport courts, spa facilities, swimming pools, and other member facilities and services. This classification may include limited retail sales and restaurant facilities. This classification does not include Adult Entertainment businesses. Farmer’s Market. An occasional or periodic market, generally held outdoors, offering fresh agricultural produce, fresh flowers, and other products including bakery goods, dairy, as well as prepared food and beverages, that are sold from temporary stands. The agricultural produce and other products are sold directly to the consumer often from the same individuals who raised or prepared the vegetables, fruit, and other items. Fleet-Based Service. An establishment that provides transportation services, delivery services, medical transport, and similar businesses with fleets of three or more vehicles and may include dispatch, maintenance and repair services within an enclosed building. Examples include parking, dispatch, and Division 1. Use Classifications Article IX – Page 7 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 offices for taxicab and limousine operations, equipment service centers, delivery services, and similar businesses. This classification does not include ambulance services (see Ambulance Service) or towing operations (see Vehicle and Equipment Facilities.) Food, Beverage Sales: Convenience Store. A neighborhood serving establishment that sells a range of food and merchandise oriented to daily convenience shopping needs such as limited groceries, prepackaged food, tobacco products, beverages, and other household goods for off-site consumption. A convenience store may be part of a service station or an independent land use and may typically have late hours or 24-hour operation. With Alcoholic Beverage Sales. Grocery Store. A retail establishment where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. This classification includes retail chains that carry a full range of food and household products and have more than one location. This also includes retail bakeries where any on-site baking is only for on-site sales. This classification does not include large-scale grocery stores that are combined with a retail store. Liquor Store. A retail establishment that sells packaged alcoholic beverages including beer, wine, and distilled spirits. This classification does not include large format retail establishments that have hours of operation similar to retail department stores. Freight and Truck Terminal. A facility that provides for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services. (See Fleet-Based Service). Funeral Parlor, Mortuary. An establishment that provides services involving the care, preparation, or disposition of the human dead and conducting memorial services. Examples include a crematory, columbarium, mausoleum, or mortuary. When a cemetery, mausoleum, or columbarium provides mortuary services on the premises, the facility is included in this classification. Government Office. A facility that provides administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facility. Examples include city halls, post offices, and police substations with incidental storage and maintenance of vehicles. This classification does not include facilities such as corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services, and storage facilities for vehicles and equipment. (See Public Maintenance and Service Facility) Group Housing. (See Residential Facility). Heavy Vehicle and Large Equipment, Sales/Rental, Service, and Repair. (See Vehicle and Equipment Facilities). Heliport. A facility for helicopter take-off and landings with one or more helipads, which may also include limited facilities such as fueling facilities, lighting, and storage hangers. Home Based Business. A business enterprise conducted within a dwelling unit, which is incidental to the principal residential use and the criteria in Section 122-623 (Home Based Business). Hotel, Motel. A facility that provides guest rooms or suites, with or without kitchen facilities, rented to the public for transient lodging. These facilities typically include a variety of services in addition to lodging; Division 1. Use Classifications Article IX – Page 8 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 such as restaurants, meeting facilities, spas or other personal services, and accessory guest facilities including swimming pools, sport courts, exercise facilities, and accessory retail sales. This classification does not include rooming houses, boarding houses, private residential clubs (see Residential Facility, Group Housing and Bed and Breakfast Inns). Laboratory, Research, and Development. An establishment that performs laboratory work and/or conducts research, development, and controlled production of high-technology electronics, biotechnology, industrial or scientific products or commodities. Laboratory tasks include testing, analysis, medical, dental, or optical laboratory services, and photographic development services. Other typical tasks include limited manufacturing, fabricating, processing, assembly or storage of prototypes, devices, compounds, products or materials, or similar related activities, where such activities are incidental to research, development or evaluation. All activities in this classification occur within a building. This classification may include uses that produce noise, vibrations, illumination, or particulate matter that is perceptible to adjacent land uses, but not offensive or obnoxious. Library. A public or quasi-public facility that provides books, periodicals, newspapers, music tapes, computers, and other materials for reading, viewing, listening, study, reference, or lending. Livestock, Grazing. Cattle, sheep, goats or other animals not kept in a corral or other small enclosed area whose primary use is to graze grasslands. This classification does not include animals kept as pets or employed for recreational riding (see Companion Animal, Horses, and Fowl). Live/Work Unit. An integrated housing unit and working space occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activities, including complete kitchen and sanitary facilities and working space reserved for and regularly used by one or more occupants of the unit. Maintenance Services: Office w/No Outdoor Storage/Activities. A base facility for various businesses that provide services on the premises of their clients, including building maintenance, gardening, janitorial, landscaping, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired. When the service is operated from a retail establishment that sells the products being maintained or repaired, they are considered part of the retail use. Office w/Outdoor Storage/Activities. A Maintenance Service facility with outside areas for storing vehicles and equipment during non-business hours and/or for performing activities preparatory to providing the service at the client’s site. Manufacturing, Processing. An establishment engaged in the on-site production and manufacture of or finished parts, goods, or products. This classification includes processing, fabrication, assembly, treatment, packaging, and incidental sales, storage, and distribution of such products, but excludes vehicle and heavy equipment sales and services. Artisan/Custom Product. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery, and other ceramics, as well as small glass and metal art and craft products, where any retail sales are incidental to the manufacturing activity. Industry, Heavy. An establishment engaged in the manufacture of products, primarily from extracted or raw materials, or bulk storage, and handling of such products. This classification includes uses that involve a high incidence of truck traffic, unscreened outdoor operations and Division 1. Use Classifications Article IX – Page 9 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 equipment, and outdoor storage of products, materials, equipment, or bulk fuel. This classification includes uses that typically generate noise, odor, vibration, illumination, or particulate matter that may be offensive or obnoxious to adjacent land use. With No Outdoor Storage/Activities. A manufacturing and processing facility with all activities and storage kept completely within an enclosed building. This classification does not include uses that produce noise, odor, vibration, illumination, hazardous waste materials, particulate matter, or other significant impacts to adjacent land uses. With Outdoor Storage/Activities. This classification allows outdoor storage, outdoor activities and parking of company vehicles, when screened by a solid masonry wall. This classification may include uses that produce noise, odor, vibration, illumination, or particulate matter perceptible to adjacent land uses, but that are not offensive or obnoxious. Warehouse Show Room w/Assembly & Sales. An establishment that displays in show rooms cabinetry, fixtures, flooring and other custom-made products for sale. Display and sales are the primary use of the facility, although products may be assembled or repaired on site within an enclosed area. Media Production Facility. A facility that provides indoor commercial and public communication uses, as well as outdoor sets, backlots, and other outdoor facilities for motion picture, television, video, sound, computer, and other communications media production. Indoor communication uses would include radio and television broadcasting, receiving stations and studios with facilities entirely within buildings. This classification does not include exterior-mounted antennae and transmission towers (see Utility Facility) or transmission and receiving apparatus, antennas and towers (see Wireless Telecommunication Facility). Medical Services: Hospital, Medical Center. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds for overnight stays, emergency services, and equipment and facilities to provide complete health care. These facilities may also include accessory uses such as on-site clinics, laboratories, emergency heliports, nursing facilities, extended care facilities, physical therapy, gift shops, retail pharmacies, cafeterias or restaurants, and related uses operated primarily for the benefit of patients, staff, and visitors and on-site ambulance dispatch facilities. Medical Marijuana Dispensary. See Concord Municipal Code Chapter 18, Article XI, Sec. 18330 Medical Clinic. An out-patient facility operated by one or more physician, dentist, or other licensed health care practitioner that provides medical, dental, or counseling services to the public generally at reduced cost. Medical and Dental Offices (See Offices, Medical and Dental) Nursing Facility/Extended Care. State licensed residential facilities that provide 24-hour nursing and health-related care as a primary use with in-patient beds. Examples include board and care homes, convalescent hospitals, rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under Residential Care Facility. Urgent Care Facility. State-licensed facilities other than a hospital that provide medical care services and treatment on an outpatient basis, with an emphasis on minor emergency care. Division 1. Use Classifications Article IX – Page 10 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 These facilities may also include incidental medical laboratories. This classification does not include private medical and dental offices (see Medical and Dental Offices). Meeting Facility, Public/Private. A facility for public or private meetings, including community centers, religious assembly facilities (e.g., churches, mosques, synagogues) civic and private auditoriums, Grange halls, union halls, meeting halls for clubs, lodges and other membership organizations. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that is typically used only by on-site employees and clients, and occupy less floor area on the site than the offices they support (see Offices). Does not include sports or other commercial entertainment facilities (see Cultural Institution; Theater, Auditorium; and Sports and Entertainment, Assembly). Military. A base, camp, post, station, yard, center, or other activity under the jurisdiction of the United States Department of Defense, including military housing. Mining, Quarrying. An establishment that provides the extraction of nonmetallic minerals, including dredging and sand and gravel pit operations. Examples include surface mining operations as defined by the Public Resources Code of the State of California. Mixed Use Project. A project that provides for two or more different primary uses, such as but not limited to residential, office, retail, or public, to be developed in one building or on one relatively small, compact property. Mobile Home Park. An establishment that provides mobile home housing in a planned development with common area amenities. Spaces for mobile homes may be rented, leased, or owned through a subdivision, cooperative, condominium, or other form of resident ownership. Nursery, Pre-school, Childcare. (See Child Day Care). Offices Administrative, Information Processing. An establishment that provides information processing, computer-dependent, and telecommunications-based activities, typically characterized by high employment densities. Examples include: • Airline, lodging chain, and rental car company reservation centers (no vehicle storage) • Health management organization (HMO) offices where no medical services are provided • Computer software and hardware • Insurance claim processing • Design and development • Mail order and electronic commerce transaction processing • Telecommunications facility design and management • Telemarketing • Consumer credit reporting • Data processing services Medical and Dental. An establishment that provides medical, dental, minor surgical, and/or personal health care services on an outpatient basis. Examples include chiropractors, dentists, medical doctors, optometrists, prescription opticians, and similar medical professionals. Division 1. Use Classifications Article IX – Page 11 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Professional. An establishment that provides professional, executive, management, or administrative services. Examples include: • • • • Accounting, auditing, bookkeeping, financial management and investment services, and tax preparation Advertising agencies, commercial art and design services Design professionals, architects, engineers, landscape architects, urban planners Educational, scientific and research organizations • • • • • • • • Employment agencies Legal offices Management and public relations services News services Photographers and photography studios Professional counseling services Real Estate offices Security and commodity brokers This classification does not include dispatch offices or offices for service-oriented businesses that have company vehicles or require storage of materials or equipment. (See Fleet-Based Service). Parking Facility. Public or commercial surface parking lots and/or parking structures operated by the City or a private entity that provide parking to the public for a fee or for employees and visitors of an adjacent establishment. Pawn Shops (See Retail Sales, Restricted) Personal Services: General. An establishment that provides recurrently needed non-medical services of a personal nature, which may involve the retail sales of products related to the services provided. This classification applies to establishments with a primary focus of household and consumer product repair, as opposed to a retail sales establishment that offers service and repair of their merchandise as an ancillary use. (See Retail, General). Examples include: • Barber and beauty shops • • Clothing rental • Portrait photography • Day spas • Shoe repair shops • Dry cleaning pick-up stores with limited equipment • Tailors and seamstresses • • Tanning salons Home electronics and small appliance repair • Television and radio repair • Laundromats (self-service laundries) Massage therapy • Travel agencies • Video store Improvement or Instructional. An establishment that provides instructional services or facilities for personal improvement including fine arts, crafts, dance or music studios, exercise or fitness studios, learning centers, driving schools, photography, diet center, and martial arts. This classification does not include vocational training. Division 1. Use Classifications Article IX – Page 12 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Restricted. An establishment that provides personal services that tend to have a negative economic impact upon surrounding areas and may need to be dispersed to minimize their adverse impacts. Examples include: • Bail bonds • Palm and card readers • Fortune tellers • Pawn ShopsPsychic readers • Hookah lounges • Spas and hot tubs for hourly rental • Massage parlor • Tattoo and body piercing services Public Maintenance and Service Facility. A facility that provides maintenance and repair services for local, state, or federal government agency or service facility, including storage of vehicles, equipment, and materials. Examples include corporation yards, equipment service centers, and similar facility. Recreational Facilities: Bingo Hall. An establishment where the game of bingo is played. Prizes are awarded based on numbers or symbols drawn at random by manual or non-manual methods in accordance with CMC Chapter 6, Article III Bingo Games. This classification does not include other electronic games. Commercial Recreation, Indoor. A facility that provides indoor amusement and entertainment services for a fee or admission charge. Examples include: • Bowling alleys • Indoor play fields • Amusement and electronic game arcades • Parties/play centers for children • Pool and billiard rooms as primary uses • Indoor archery and shooting ranges • Dance halls and ballrooms • Ice skating and roller skating This classification does not include Adult-Oriented Businesses; Eating and Drinking Establishments, Bar, Night Club, and Lounge; or Fitness Facility, Health Club. Golf Course, Country Club. A facility with a golf course and accessory facilities and uses including country clubs, clubhouses with bar and restaurant, exercise and fitness facilities, tennis courts, swimming pools, locker and shower facilities, driving ranges, “pro shops” with retail sales of golfing equipment, and golf cart storage and sales facilities. Park and Recreation Facility. An outdoor recreation facility that provides a variety of recreational opportunities such as playground equipment, open space areas for passive recreation and picnicking, interpretative facilities and trails, and sport and active recreation facilities. This classification includes related community facilities and accessory commercial facilities that provide visitor services. This classification does not include parks with intensive recreation facilities such as swimming pools, community centers, lighted athletic facilities or multiple playing fields. (See Sports and Entertainment Assembly) Residential Recreation Facility. A facility that provides privately-owned non-commercial recreation facilities provided for members of project/neighborhood residents. Examples include Division 1. Use Classifications Article IX – Page 13 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 play fields, tennis courts, skate areas, sport courts, swimming pools, and accessory uses. This classification does not include golf courses and country clubs, health/fitness facilities, indoor recreation and amusement facilities, and sports and recreation facilities. Sports and Entertainment, Assembly. A facility that provides for large-scale indoor or outdoor spectator-oriented sports or concerts. Additional amenities are customarily associated with this use, such as bars and restaurants, gift shops and video game arcades. Examples include: • Amphitheaters • Race tracks • Amusement and theme parks • Stadiums and coliseums Sports and Recreation Facility. A public or private facility that provides various outdoor recreational activities. Examples include: • Archery and shooting ranges, outdoor • Lighted or amplified outdoor athletic fields or sport courts • Basketball courts • Miniature golf courses • Batting cages • Skateboard parks • Bocce ball courts • Swimming pools • Equestrian facilities • Tennis courts • Fitness training paths and facilities • Waterslides • Golf driving ranges This classification includes park facilities that have one or more of the uses within this classification such as swimming pools or lighted sport courts, etc. May also include accessory commercial facilities customarily associated with the above including concessions, bars and restaurants, electronic games, etc. Recycling Facilities: Small Collection Facility. A facility that occupies less than 500 square feet and may include a mobile unit, single and bulk reverse vending machines, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Large Collection Facility. A facility that occupies more than 500 square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, and kiosk-type units. Processing Facility. A building or enclosed space that includes equipment for baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers. This classification includes both light- and heavy-processing facilities, the former which is typically less than 45,000 square feet. Religious Facility. A facility that provides religious worship and incidental religious education and offices, but not including private schools for primary or secondary education, as defined in this section. Examples include churches, temples, and other facilities used primarily for religious services or activities. See also Meeting Facility, Public/Private. Repair Service, Appliance, and Small Equipment. A service facility that provides various types of repair and maintenance services for appliances, electrical products, home electronics, equipment, and tools, or garden equipment away from the site of the equipment owner. Division 1. Use Classifications Article IX – Page 14 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 This classification does not include automobile or vehicle maintenance and repair (see Automobile Services and Repair; Heavy Vehicle and Large Equipment, Sales/Rental, Service and Repair), the repair of small home appliances and electronic equipment (see Personal Services, General), or maintenance and repair activities that occur on the client’s site (see Maintenance Services). Residential Facility: Group Housing. A facility that provides shared living quarters with shared kitchen and bathroom facilities. Examples include rooming and boarding houses, dormitories, fraternities, sororities, private residential clubs, residential hotels intended for long-term occupancy (30 days or more), single room occupancies (SRO’s), and transitional housing offering shared living quarters or onsite services. This classification does not include Bed and Breakfast Inns, Hotel, Motel and Residential Care Facility. Residential Care Facility. A single-family dwelling unit facility licensed or supervised by a federal or State agency that provides 24-hour non-medical care, assistance, guidance, counseling, and supervision of unrelated adults or others with special needs. Small. An establishment that provides care for six or fewer persons, excluding the licensee or members of the licensee’s family or persons employed as facility staff. Large. An establishment that provides care for seven or more persons, excluding the licensee or members of the licensee’s family or persons employed as facility staff. Residential Facility for Seniors, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities. These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facilities, and common areas and facilities. The residents in these facilities require varying levels of assistance. (See Group Housing, Nursing Facility/Extended Care) Retail Sales: Big Box. A retail establishment that is over 80,000 square feet. General. An establishment that sells or rents goods for consumer or household use. Examples include appliances and electronics stores, department stores, office and stationary supplies, bookstores, clothing and apparel, pet stores, specialty food stores selling pre-made or packaged food for off-site consumption (e.g., candy stores, wine shops), sporting goods, toy stores, and video rental. This classification includes shopping centers. Services related to the merchandise sold may be permitted as an ancillary use (e.g., photo processing, pet grooming, computer repair). These establishments primarily operate within an enclosed store but may also include permanent and partly enclosed facilities for outdoor display of merchandise when incidental to the main store (e.g., garden centers operated in conjunction with a neighborhood drug store or hardware store). This classification does not include the sale of used goods such as secondhand stores, used specialty goods store and pawn shops (see Restricted), retail sales or rentals of vehicles and Division 1. Use Classifications Article IX – Page 15 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 equipment (see Automobile Sales and Rental/Leasing; Heavy Vehicle and Large Equipment, Sales/Rental, Service, and Repair), and outdoor retail sales (see Nurseries and Garden Centers), convenience stores, and liquor stores (see Food, Beverage Sales). Nursery, Garden Center. A retail establishment that incorporates a permanent outdoor sales area such as nurseries or garden centers. Restricted. A retail store could have a negative economic effect on surrounding retail uses and should be dispersed and properly located to minimize adverse impacts. Examples include: • Firearms stores • • Pawn shop • Tobacco or Smoke Shops Smoking and Related Paraphernalia Sales With Drive-Through. A retail establishment with drive-through facilities. Schools: Elementary, Middle, Secondary. A public or private academic educational institution offering instruction in courses of study required by the California Education Code and maintained in compliance with standards set by the State Board of Education, including elementary th th th (kindergarten through 6 grade), middle and junior high schools (7 and 8 grades), secondary th th and high schools (9 through 12 grades). Some of these schools also provide room and board. College, University. Public or private institutions of higher education providing curricula of a general, religious, or professional nature, typically granting recognized degrees or certificates, with associated facilities including conference centers and academic retreats associated with such institutions. This classification does not include business and computer schools, management training, technical and trade schools, and personal instructional services (See Personal Improvement or Instructional Services, and Trade Schools and Vocational Training Facilities). Trade School, Vocational Training. Private institutions that provide education and/or training, including vocational training in limited subjects. Examples include: • Business, secretarial, and vocational • Computers and electronics • Courses by mail • Seminaries/religious ministry training Does not include preschools and child day care facilities (see Child Day Care), or smaller-scale facilities offering specialized instruction in arts, ballet, dance, music, languages, and martial arts (see Personal Improvement or Instructional Services). Division 1. Use Classifications Article IX – Page 16 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 Secondhand Sales. An establishment that sales used or new and previously owned goods including jewelry, camera equipment, sound/viewing equipment and tools (See CMC 18-322), often for the purpose of raising funds to benefit a religious, educational, hospital or charitable purposes. Goods are generally obtained on consignment, in a trade, and often as a donation. Social Service Facility, Community Organization. A non-commercial facility that provides services or activities undertaken to advance the welfare of citizens in need, typically run by a non-profit organization, a public agency, or by a contract with a public agency. This classification may include supporting office uses, supporting medical office or health clinic uses, supporting vocational or trade training, child care services, supporting personal services, non-medical substance abuse recovery and counseling services, and/or a food and goods distribution facility. This classification does not include emergency shelters, homeless shelters, (see Emergency and Homeless Shelter), food banks, blood banks, and crisis centers or facilities that provide overnight treatment or observation services. Storage Hazardous Materials. A facility that provides storage of hazardous materials including but not limited to bottled gas, chemicals, minerals and ores, petroleum or petroleum-base fuels. Self-Storage Facility, Mini-Storage. A facility that provides individual storage spaces or compartmentalized stalls or lockers for individual use and is characterized by low parking demand. Vehicle. (See Vehicle and Equipment Facilities) Theater, Auditorium. An indoor facility for public assembly and group entertainment, other than sporting events, including: • • Civic theaters, and facilities for “live” theater and concerts • Motion picture theaters • Public and semi-public auditoriums Exhibition and convention halls Does not include outdoor theaters, concert and similar entertainment facilities (see Sports and Entertainment, Assembly) and indoor and outdoor facilities for sporting events (see Sports and Recreation Facility). Towing Services. (See Vehicle and Equipment Facilities) Utility Facility, Transmission Towers. A facility that provides a fixed base structure or facility serving as a junction point for transferring electric utility services from one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply and natural gas distribution. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code § 53091: • Co-generation facilities • • Electrical substations and switching stations Public water system wells, treatment plants and storage tanks • Telephone switching facilities • Wastewater treatment plants, settling ponds and disposal fields • Natural gas regulating and distribution facilities Division 1. Use Classifications Article IX – Page 17 City of Concord Development Code Article IX. General Terms Effective: November 7, 2013 This classification does not include offices or customer service centers (See Professional or Administrative/Information Processing, Offices). Vehicle and Equipment Facilities: Heavy Vehicle and Large Equipment, Sales/Rental, Service, and Repair. An establishment that sells/rents and may provide service and repairs to construction, farm or other heavy equipment, This classification does not include autos, trucks and other passenger vehicles used for personal or business travel. (See Automobile Sales and Rental/Leasing and also Automobile Services and Repair for automobiles, motorcycles and other smaller passenger vehicles). Commercial Vehicles and Equipment. A facility that sells/rents or services and makes repairs to construction, farm, or other heavy equipment, as well as vehicles for moving or towing property (such as cranes, earthmoving equipment, forklifts, tractors, heavy trucks, cargo trucks, vans, and trailers). Recreational Vehicles. An establishment that sells, rents and/or leases motor homes, trailers, and boats, including incidental storage, installation of accessories and maintenance. This classification also includes facilities that service or repair recreational vehicles. Towing Services. A facility that dispatches tow trucks and provides temporary storage of operative or inoperative vehicles. This classification does not include automobile wrecking or dismantling. (See Automobile Wrecking, Dismantling Yard). Vehicle Storage. A facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Includes facilities for the storage and/or servicing of fleet vehicles. Warehouse, w/No Outdoor Storage and w/Outside Storage. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (See MiniStorage, Self-Storage Facility); warehouse facilities primarily used for wholesaling and distribution (See Wholesaling, Distribution); or terminal facilities for handling freight (See Freight and Truck Terminal). Wholesaling, Distribution. An establishment engaged in buying and selling merchandise to retailers; contractors, industrial, commercial, institution, farm, or professional business users; to other wholesalers or companies. Examples of these establishments include agents, merchandise or commodity brokers, and commission merchants, assemblers, buyers, and associations engaged in the marketing of products, merchant wholesalers stores selling electrical, plumbing, heating, and air conditioning supplies and equipment. Also includes storage, processing, packaging, and shipping facilities for mail order and electronic commerce retail establishments. Wireless Telecommunication Facility. A facility that transmits and/or receives electromagnetic signals, including antennas, monopole and/or equipment cabinets or accessory structures, fencing and related equipment, such as cables, conduit and connectors. Work/Live Unit. A structure designed or structurally modified to accommodate joint work activities and residential occupancy where the residential use of the space is secondary or accessory to the primary use as a place of work. Residential facilities include sleeping quarters, complete kitchen and sanitary facilities reserved for and regularly used by one or more occupants of the unit. (See Live/Work Unit) 122-1581 - - 122-1607 Reserved Division 1. Use Classifications Article IX – Page 18 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Division 2. Definitions Section: 122-1608 Definitions ABC. California State Department of Alcoholic Beverage Control. Abandoned. A use that had ceased or a structure that had been vacated for a time period as specified in the Development Code. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining, or otherwise improving or rearranging a facility. Abut. Having property lines, street lines, and/or zoning boundaries in common. Accessory Building or Structure. An accessory building or structure is a building or structure that is not part of the principal dwelling on the lot, the use of which is incidental and subordinate to the use of the principal dwelling. Examples of accessory buildings and structures include, but are not limited to: a garage, tool shed, storage shed, carport, greenhouse, pool cabana, gazebo, patio cover, and other outbuildings or structures. A secondary living unit, as described in Section 122-631 of this Code, shall not be considered an accessory building or structure for the purposes of this section. Accessory Use. See Use, Accessory. Acre, Gross. A measure of total land area of a lot or site, including areas to be dedicated for public rights-of-way, public or private access to adjacent parcels or properties, creeks, easements, or dedications. Acre, Net. A measure of land area of a lot or site remaining after dedication of all areas for public rightsof-way, streets, public or private access to adjacent parcels or properties, creeks, easements, or dedications. ADA. Americans with Disabilities Act. Adjacent. Directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to. Adult-Oriented Business and Related Terms. Those businesses defined as follows: Adult, Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” Adult Bookstore, Adult Novelty Store, or Adult Video Store. A commercial establishment which has as a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental or viewing, for any form of consideration, of any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representations which are Division 2. Definitions Article IX – Page 19 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” Adult, Cabaret. A nightclub, bar, restaurant, “bottle club,” or similar commercial establishment, whether or not alcoholic beverages are served, which features: 1) live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or 2) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” Adult, Motel. A motel, hotel, or similar commercial establishment which: 1) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or 2) offers a sleeping room for rent for a period of time less than ten hours; or 3) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours. Adult, Motion Picture Theater. A commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration. Adult, Theater. A theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in live performances which are characterized by “specified sexual activities” or by exposure of “specified anatomical areas.” Employee. A person who works or performs in and/or for a sexually-oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. Escort. A person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model or to privately perform a striptease for another person which exposes “specified sexual activities” or “specified anatomical areas.” Escort agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. Establishment. Includes any of the following: (1) The opening or commencements of any such business as a new business; (2) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this section; or (3) The addition of any of the adult entertainment businesses defined in this section to any other existing adult entertainment business; or (4) The relocation of any such adult entertainment business. Division 2. Definitions Article IX – Page 20 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Model Studio. Any place where a person who displays “specified anatomical areas” is provided money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depictured by other persons. Operator. Includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted premises. Permitted Premises. Any premises that require a permit under this article that is classified as an adult entertainment business. Permittee. A person in whose name a permit to operate an adult entertainment business has been issued, as well as the individuals listed as applicant on the application for a permit. Sexual Encounter Establishment. A business or commercial establishment, that as one of its primary business purposes, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of “specified sexual activities” or the exposure of “specified anatomical areas.” The definition of adult entertainment businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy. Specified Anatomical Areas. Includes any of the following: 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 human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Criminal Acts. Acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another adult entertainment business including but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering. Specified Sexual Activities. Specified sexual activities include any of the following: the fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; human genitals in a state of sexual stimulation, arousal, or tumescence; or excretory functions as part of or in connection with any of the former activities. Transfer of ownership or control of an adult entertainment business. Includes any of the following: (1) The sale, lease, or sublease of the business; or (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. Division 2. Definitions Article IX – Page 21 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Affordable Housing Definitions. Affordable Housing Agreement. A legally binding agreement between a developer and the City to ensure that the requirements of Article IV, Division 8 are satisfied. The agreement, among other things, shall establish: the number of target units, their size, location, terms, conditions of affordability, and production schedule. Additional Incentive. A benefit offered by the City to facilitate construction of eligible projects as defined by the provisions of Section 122-580 (Density Bonus Program). Benefits may include, but are not limited to, priority processing, fee deferments and waivers, the modification of site development standards or Zoning Code requirements, or any other regulatory incentive which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus. Affordable ownership cost. A sale price that results in a monthly housing cost (including mortgage principal and interest, property taxes, utilities, property insurance and homeowners association fees, if any) that does not exceed one-twelfth of 30 percent of the maximum annual income for a household of the applicable income level (Very Low, Low or Moderate Income). Affordable rent. Monthly rent (including utility costs based on utility allowances determined annually by the Contra Costa Housing Authority) that does not exceed one-twelfth of 30 percent of the maximum annual income for a household of the applicable income level (Very Low, Low or Moderate Income). Affordable sales price. A sales price at which moderate, low, or very low income households can qualify for the purchase of a target unit, calculated on the basis of underwriting standards of mortgage financing available for development, with appropriate adjustments for household size. Approval Authority. The Individual, Department, Commission, or elected body authorized to make the final decision on an application pursuant to Article IV, Division 1. Area median income. The median income for Contra Costa County, adjusted for household size, as established pursuant to California Code of Regulations, Title 25, Section 6932 (or its successor provision). Child Care Facility, as used in Article IV Division 8, means a child care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. Conveyance or convey. Any transfer, sale, lease, rent, or disposition of or act to transfer, sell, lease, rent, or dispose of any affordable unit and include, but are not limited to, transfer or title or any interest therein by non-judicial or judiciary foreclosure and sale; but does not include transfer by gift, devise, or inheritance to the unit owner’s spouse or issue, taking of title by surviving joint tenant, transfer of title to a spouse as part of divorce or dissolution proceedings, or acquisition of title or interest therein in conjunction with marriage. Density bonus. An increase in the number of dwelling units authorized for a particular parcel of land of at least 5 percent over the otherwise maximum residential density. The specific level of density bonus allowed varies based on the level and extent of affordability in the development, as directed by Article IV Division 8 Section 122-580 of the Development Code. When determining the number of dwelling units that shall be affordable under inclusionary zoning requirements, the units authorized by the density bonus shall not be included in the calculation. Division 2. Definitions Article IX – Page 22 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Density bonus unit. Residential units granted pursuant to the provisions of Article IV, Division 8 which exceed the otherwise maximum residential density for the development site. Economically feasible. Economically feasible means when a housing project can be built with a reasonable rate of return. The housing developer’s financial ability to build the project shall not be a factor. Equivalent Financial Incentive. A monetary contribution, based on a land cost per dwelling unit value, equal to of the following: (a) a Density Bonus and a Concession or Incentive; and (b) a Density Bonus, where a Concession or Incentive is not requested or is determined to be unnecessary. For-Sale Project. A residential project, or portion thereof, that includes the creation of one or more residential living units that may be sold individually, including a condominium, stock cooperative, community apartment, or attached or detached single family home. Household Income. The combined adjusted gross income for all adult persons living in a living unit. Household Type. Type of household classified according to whether the occupants of the housing units are very low income, lower income, or senior citizens. Housing Cost. The sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners’ association fees, and a reasonable allowance for utilities. Inclusionary Housing Agreement. A recorded agreement that has been reviewed and approved by the City Attorney and Community and Economic Development Director delineating the specific requirements that a particular developer will meet to fulfill the City’s inclusionary housing requirements pursuant to this Article. Inclusionary unit. A dwelling unit that has a sales price or rent, which is restricted under the requirements of Article IV, Division 8. Low income household. A household whose combined annual income does not exceed the qualifying limit of 80 percent of Area Median Income, adjusted for household size, for “lower income households” established pursuant to Health and Safety Code § 50079.5. For the purpose of the density bonus requirements established by Section 122-580 of this Code, low income households shall include only those households whose annual income does not exceed 60 percent of Area Median Income, consistent with California Government Code Section 65915(c)(1). Low income ownership unit. An ownership dwelling unit that is offered for purchase at an Affordable Ownership Cost only to a Low Income Household. Low income rental unit. A rental dwelling unit that is offered for rent at an Affordable Rent only to a Low Income Household. Market rate unit. A dwelling unit that is not legally restricted in terms of price or rent. Mixed Income. A project which includes a combination of affordable and market rate units. At least 40 percent of the units in such a project must be affordable. Division 2. Definitions Article IX – Page 23 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Moderate income household. A household whose combined annual income does not exceed the qualifying limit of 120 percent of Area Median Income, adjusted for household size, for “persons and families of low or moderate income” established pursuant to Health and Safety Code § 50093. Moderate income ownership unit. An ownership dwelling unit that is offered for purchase at an Affordable Ownership Cost only to a Moderate Income Household. Moderate income rental unit. A rental dwelling unit that is offered for rent at an Affordable Rent only to a Moderate Income Household. Ownership project. A development project containing single family detached dwelling units or multifamily dwelling units (e.g., condominiums, townhouses or duets) that will be offered for sale, not for rent. Qualified Households. A household which meets the specified eligibility criteria for a particular type of affordable housing unit. Qualifying Affordable Housing (or Mixed Income) Project. For the purposes of Section 122581 (Affordable Housing Incentive Program), this includes: a) a rental project in which at least 40 percent of the units are affordable to low or very low income households. At least half of these units, or 20 percent of the units in the total project, must be affordable to very low income households; or b) A for-sale project in which at least 40 percent of the units are affordable to moderate, low, or very low income households. At least half of these units, or 20 percent of the total units in the project, must be affordable to low or very low income households. Rehabilitate (Rehabilitated Unit). For affordable housing purposes, an existing unit which is “rehabilitated” as affordable housing must meet the “substantial rehabilitation” test established by the Internal Revenue Code and Treasury regulations to determine eligibility for Rehabilitation tax credits. Rental project. A development project containing single family detached dwelling units or multifamily dwelling units (e.g., apartments, condominiums, townhouses, or duets) that will be offered for rent, not for sale. Residential development project. Any development project that includes the construction of one or more dwelling units, including exclusively residential and mixed-use projects. Senior Citizen. Persons who are: (1) At least 62 years of age; or (2) At least 55 years of age in a senior citizen housing development, as defined by State and federal law. Senior citizen housing. Residential development of one of the following types: (1) Assisted housing units for senior citizens; or Division 2. Definitions Article IX – Page 24 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 (2) Housing intended for, and solely occupied by, persons at least 62 years of age; or (3) Housing consisting of at least 150 units in which 80 percent of the units have at least one person aged 55 or older and which provide special facilities and services designed for seniors. Eligibility for a density bonus or other incentive for senior citizen units must be in conformity with State and federal laws governing senior housing projects. Target unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, lower income, or senior citizen households. Very low income household. A household whose combined annual income does not exceed the qualifying limit of 50 percent of Area Median Income, adjusted for household size, for “very low income households” established pursuant to Health and Safety Code § 50105. Very low income ownership unit. An ownership dwelling unit that is offered for purchase at an Affordable Ownership Cost only to a Very Low Income Household. Very low income rental unit. A rental dwelling that is offered for rent at an Affordable Rent only to a Very Low Income Household. Aggrieved Person. Any person who, in person or through a representative, appeared at a City public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either. Airport Terms. The following terms are related to Article III, Division1 (Airport Overlay District) Airport Influence Area. An area which is routinely affected by aircraft operations at an airport and within which certain land use actions are subject to Airport Land Use Commission review. ALUC (Airport Land Use Commission). The Contra Costa County Airport Land Use Commission. CNEL (Community Noise Equivalent Level). The noise metric adopted by the State of California for evaluating airport noise. It represents the average daytime noise level during a 24hour day, adjusted to an equivalent level to account for the lower tolerance of people to noise during evening and nighttime periods relative to the daytime period. Contra Costa County Airport Land Use Compatibility Plan. The plan adopted on December 13, 2000 by the Airport Land Use Commission which sets forth policies for promoting compatibility between Buchanan Field Airport and the land uses surrounding it. FAR (Federal Aviation Regulations) Part 77. The part of Federal Aviation Regulations which deals with objects affecting navigable airspace in the vicinity of airports. Objects which exceed the Part 77 height limits constitute airspace obstructions. Safety Zone. For the purpose of airport land use planning, an area near an airport in which land use restrictions are established to protect the safety of the public from potential aircraft accidents. Division 2. Definitions Article IX – Page 25 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 TERPS (Terminal Instrument Procedures). Procedures for instrument approach and departure of aircraft to and from airports. There are four types of terminal instrument procedures: precision approach, non-precision approach, circling, and departure. ABC (Alcoholic Beverage Control). The State of California Alcoholic Beverage Control Board. Alcoholic Beverage Sales. The retail sale of beer, wine, and/or distilled spirits for on-premise or offpremise consumption. Alley. A public or private driveway or roadway that provides vehicle access to the rear or side of parcels having other public street frontage that is not intended for general traffic circulation. Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs. See also “Structural Alterations” for modifications to any of the supporting members of a structure. Americans with Disabilities Act (ADA). United State Public Law 101-336, 104 Stat. 327 (July 26, 1990), codified at 42 U.S.C. § 12101 et. seq. Animal. Any mammalian animal, poultry, bird, reptile, or fish. Ancillary. A facility or use that is subordinate to the primary use but not required or necessary. Antenna. Any system of poles, panels, rods, reflectors, wires or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to radio waves at any radio frequency operated by any person or organization regulated by the FCC, other than in the Amateur Radio Service. An antenna does not include the support structure the antenna(s) are mounted upon. (See also Wireless Communication Terms) Applicant. Any person who is filing an application requesting an action who is: The owner or lessee of property; A party who has contracted to purchase, rent, or lease property contingent upon that party’s ability to acquire the necessary approvals required for that action in compliance with the Development Code and who presents written authorization from the property owner to file an application with the City; or The agent of either of the above who presents written authorization from the property owner to file an application with the City. Approval. Includes both approval and approval with conditions. Architectural Feature. An exterior building feature including roof, windows, doors, porches, etc. Assessed Value. The value of a structure as shown in the records of the County Assessor. Attic. The area located between the uppermost plate and the roof or ridge of a structure. Authorized Agent. A person authorized in writing by the property owner to represent and act for the property owner in regards to applications, and in contact with City employees, Committees, Commissions, and the City Council, regarding matters regulated by the Development Code. Balcony. A platform that projects from and is supported by the wall of a building rather than columns or other supports below the platform, and is enclosed by a parapet or railing. Division 2. Definitions Article IX – Page 26 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Bar. A commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve alcoholic beverages on the premises, generally without food service. Bicycle Parking, Long-term. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer. Bicycle Parking, Short-term. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than four hours. Block. The frontage along one side of a street between the two nearest intersecting streets. Boarding House. A building and use with the following characteristics: 1) The building, or rooms in the building, are rented to individuals who are not in exclusive possession of the building; 2) the building has only one kitchen; and 3) a meal or meals are regularly provided or available to the renters for a fee, whether that fee is included in or separate from the rental payment, and whether the fee is paid individually or collectively by all renters. The term “rooming house” shall have the same meaning as the term “boarding house” except that no meals are provided or available. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclo9sure of any individual, animal, process, equipment, goods, or materials. Building, Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition. Building, Primary. A building in which is conducted the principal use of the lot on which it is situated. California Environmental Quality Act (CEQA). State law, pursuant to California Public Resources Code § 21000 et. seq. or any successor statute that requires public agencies to document and consider the environmental effects of a proposed action before a decision. California Public Utilities Commission (CPUC). The governmental agency that regulates the terms and conditions of public utilities in the State. Carport. An accessory structure that is roofed but permanently open on at least two sides and maintained for the storage of motor vehicles. CEQA. See California Environmental Quality Act. City. The City of Concord. City Council. The City Council of the City of Concord. See CMC Chapter 2 (Administration) City Engineer. The City Engineer of the City of Concord or their authorized designee. City Manager. The City Manager of the City of Concord or their authorized designee. City’s Franchised Hauler. Person or firm given sole authority to collect, convey, and when appropriate, dispose of refuse, garbage, recycling and like items from and through the City, for a set period of time, and at pre-determined rates set forth in an agreement between the City and the hauler. Civil Engineer. An engineer licensed in the state to practice civil engineering. Division 2. Definitions Article IX – Page 27 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 CMC. Concord Municipal Code. Commercial Vehicle. Any vehicle currently registered as such with the State Department of Motor Vehicles or equivalent out-of-state or federal agency and is used primarily in the conduct of a business as opposed to private family or individual use. Companion Animal. A horse or pony. Conditionally Permitted. Permitted subject to approval of a Minor Use permit or Use Permit. Condominium. See CMC Section 92-662 (Definitions, “Condominium”) County. Contra Costa County. CPUC. California Public Utilities Commission. Dead-End Street. A length of street where a vehicle may exit to another street only from the same point as it entered the street. Deck. A platform providing outdoor living area that may be roofed, but is without walls on at least two sides, and which includes railings where required by the Building Code. See also “Balcony.” Demolition. The intentional destruction and removal of any structure or portion thereof, including a residential dwelling, including a mobile home, as defined in Section 18008 of the Health and Safety Code, or a mobile home lot in a mobile home park, as defined in paragraph (1) of Subdivision (b) of Section 50519 of the Health and Safety Code, which has not been declared to be a public nuisance under Division 13 (commencing with Section 17000) of the Health and Safety Code or any local ordinance enacted pursuant to those provisions. Design Review. See Article VII, Division 4 (Design and Site Development Review). Design Review Board. See CMC Chapter 2 (Administration), as to be amended. Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including subdivision in compliance with the Map Act; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure; and the removal or harvesting of major vegetation other than for agricultural purposes. Development Agreement. A contract between the City and an applicant for a development project, in compliance with the CMC, and Government Code §§ 65864 et. seq. (See Article VII Division 13) Director. The City of Concord Community and Economic Development Department Director, or their designee. Discretionary Permit. A City review and entitlement process where the Review Authority exercises discretion in deciding to approve or disapprove the permit which includes Minor Exceptions, Variances, Minor Use Permits, Use Permits, Planned Development Use Permits, and Minor and Major Subdivisions. District. Zoning District. Division 2. Definitions Article IX – Page 28 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Dog. Any domesticated animal of the canine family. Driveway. The paved portion of a property that a vehicle would have to travel over in a direct path in order to enter a garage or carport, or to enter an exterior or interior side yard immediately adjacent to a garage or carport, from a designated entry/exit point in a public or private street. Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis. (1) Attached. A dwelling unit which has one or more party wall in common with another dwelling unit. (2) Detached. A dwelling unit that does not share any walls in common with another dwelling unit. Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. Effective Date. The date on wh8ich a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated. EIR. Environmental Impact Report. Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. Emergency Shelter. As defined by California Health and Safety Code Section 50801(e) “emergency shelters” is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Entertainment Establishment. Entertainment that may be a single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention for diverting or amusing guests or patrons, including but not limited to: (1) Presentations by single or multiple performers, such as a musical song, dance acts, and concerts. (2) Dancing to live or recorded music. (3) Presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment commonly known as a “DJ” or “disc jockey.” (See also CMC Chapter 6, Article VII, Section 6-191, Entertainment or Entertainment Establishment). Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed project, prepared in compliance with the California Environmental Quality Act (CEQA). Division 2. Definitions Article IX – Page 29 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Façade. The exterior wall of a building, exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation. Family. One person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit. A housekeeping unit shall be a group which bears the generic character of a family unit as a relatively permanent household, regardless of biological relationship, and which is characterized by the following: 1) Shared use of a single common kitchen; 2) Shared household expenses; 3) Use by all persons of a shared common entry to the dwelling unit; 4) Shared use of all or virtually all areas of the dwelling unit at all times; 5) Shared responsibility for household work; 6) Shared food; 7) Sharing of some or all meals; 8) Occupation of the unit under a single lease if the unit is not occupied in part by the owner; 9) Shared social, economic and psychological commitments. Family also does not include a group occupying a boarding house, dormitory, fraternity or sorority house, convent, rectory or private residential club. FAR (Floor Area Ratio). Floor Area Ratio (FAR) is the ratio of gross floor area to total lot area. FAR is used to limit the maximum floor area allowed on a site (including all structures). The maximum allowable floor area of all structures (measured from exterior wall surfaces) permitted on a site (excluding single car garages and carports, and below grade parking structures) is determined by multiplying the FAR established by the General Plan designation by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area). Division 2. Definitions Article IX – Page 30 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. Fence. A constructed barrier of wood, metal, masonry, or other material as allowed by the Development Code, that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site, including open wire fencing, decorative metal or wrought iron, chain link fencing, or safety fencing. Fencing does not include masonry walls. Fence Terms. As used in Article IV. Section 122-297: Electric. Open Fencing. A fence constructed of rails, pickets, wrought-iron or wire, with the materials spaced so that at least 50 percent of the surface area is open allowing visibility through the fence. Open Wire Fencing. A fence through which fenced areas remain visible because of the wire mesh used for the fence, such as deer fencing. Razor or Concertina Wire. Sharp fencing materials that are designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate. Safety fence. A fence constructed to prevent access to a hazard or hazardous area. Screening. Finding of Public Convenience & Necessity. As defined by the state of California Business and Professions Code Division 9 Alcoholic Beverages. See Article V (Standards for Specific Uses), Section 122-617(c) Finding of Public Convenience & Necessity. Fire District. The Contra Costa County Fire Protection District Floor Area. The total floor area in a building (including basements, mezzanines, interior balconies, and upper stories or levels in a multistory building) unless otherwise stipulated; e.g., “ground” floor area. Footprint. The horizontal area, as seen in plain view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. FOPCN. Finding of Public Convenience & Necessity Garage. A completely enclosed covered parking space and shelter for automobiles or other vehicles where the size of the parking space complies with the provisions of Article IV, Division 3 (Parking, Loading, and Access). General Plan. The Concord 2030 General Plan. Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability. Grading, Erosion and Sedimentation Control Terms. See CMC Section 86-72 (Definitions). Division 2. Definitions Article IX – Page 31 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Gross Leasable Area. The total floor area for which a tenant pays rent and that is designed for the tenant’s occupancy and exclusive use, including any basements and mezzanines. Ground Floor. The first floor of a building other than a cellar or basement. Habitable Space. Space within a dwelling unit for living, sleeping, eating, cooking, and bathing. Heat. Thermal energy of a radioactive, conductive, or convective nature. Height. The vertical distance from the highest point of any structure to the ground level directly below. See also Article IV, Section 122-300 (Height Limits and Exceptions). Historical Preservation Terms. See Article VII, Division 11 (Historic Preservation) Environmental change. Any major change in the design, elevation, or the interior or exterior remodeling of any building in a way which would change a historically significant aspect of the building, or the destruction or removal of such building, or major physical change in the grounds designated as a landmark herein. Landmark. Any location, area, place, site, building, structure, monument, works of art, and other objects or things which have been designated as a historical landmark pursuant to this Article. HOA. Homeowner’s Association. Holidays. Days observed as legal holidays by the city. Home-Based Business. An income-producing activity customarily conducted within a residence or residential accessory building, only by the inhabitants thereof, which use is incidental to and does not change the character of the residential use of the property. Household. A family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. Household Pet. Any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hamster, rabbit, or Vietnamese pot-bellied pig. Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence. Intensification of Use. A change in the use of a structure or site that generates more traffic or other level of activity on the site, for example: where the new use is required by the Development Code to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation). Kitchen. A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: stove, oven, range top, dishwasher, kitchen sink, microwave. Landing. The level portion of a stairway. Division 2. Definitions Article IX – Page 32 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained. Livestock. Any domestic animal such as cattle, donkeys, mules, burros, sheep, hogs, or goats. Local Environmental Review Procedures. Procedures adopted by the City of Concord for environmental review in compliance with CEQA and NEPA. Long-Term Parking. Parking where a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking. Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot, Area. The total area circumscribed by the boundaries of a lot, excluding any public street rights-ofway, private drive or casement. Lot Area, Gross. The total area included within the lot lines of a lot, generally expressed in terms of square feet or acres. Lot Area, Net. The area of a lot excluding alleys, vehicular easements, driveway and areas to be included in the future street rights-of-way as established by easement, dedication, or ordinance. Lot, Corner. A lot or parcel situated at the intersection of two or more streets that have an angle intersection measured within said lot or parcel of not more than 135 degrees. Lot, Coverage. The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. Lot, Depth. The distance from the midpoint of the front property line of a lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line. Lot, Flag or Corridor Access Lot. A lot with access to a street by means of a strip of land having less than the required site width. The length of a strip shall be measured from the frontage line to the nearest point of intersection with that lot line parallel or most nearly parallel to the frontage line. The area of an access strip shall not be included in determining the next lot area or setbacks. Lot Line or Property Line. Any recorded boundary of a lot. Lot Line, Front. The lot line that abuts a street or public right-of-way. For corner lots, the shortest side fronting a public street is considered the front lot line regardless of the orientation of the garage, primary entrance or if both frontages are the same length, the front shall be determined by the street address. Division 2. Definitions Article IX – Page 33 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Lot Line, Frontage. The portion of a lot or parcel of land that borders a public or private street. “Street frontage” shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway. Lot Line, Interior. Any lot line that is not adjacent to a street. Lot Line, Rear. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard. Rear. A lot line, not a front line, which is parallel or approximately parallel to the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed the rear lot line for the purpose of measuring rear yard setback. Lot Line, Side. A lot or parcel of land other than a corner or flag lot. Any lot line that is not a front or rear lot line. Lot Line, Street Side. A side lot line of a corner lot that is adjacent to a street, between the front and rear lot lines. Lot, Reversed Corner. A corner lot, the street side lot line, of which is substantially a continuation of the fro Lot, Through. A lot having frontage on two parallel or approximately parallel streets. Lot, Width. The distance between the side lots, measured at a right angle to the lot depth at the midpoint of the lot depth line. Division 2. Definitions Article IX – Page 34 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Manufactured Home. A structure with a permanent foundation designed to be used as a residence and certified under the National Mobile Home Construction and Safety Act of 1974. “Manufactured home” does not include recreational vehicle, trailer or motor home. Masonry wall. Wall made of brick, concrete block, tile, stucco or natural rock (such as marble, granite, or limestone) and bound together by mortar. The primary units of the wall are not wood, nor metal. Massage Establishment Terms. Refers to employment of massage therapists, providers of acupressure, acupuncture and associated practitioners of massage therapy licensed by State agencies, City of Concord Police Department, or otherwise referenced in CMC Chapter 18, Article IX (Massage Establishments, Out-Call Massage Therapy, and Massage Therapy Technicians). Massage Parlor. An establishment that primarily provides massage therapy services, consisting of more than three licensed practitioners. Massage Therapy Establishment. An establishment that provides massage therapy in conjunction with another primary activity, such as a Health/Fitness Club, and employs or contracts with no more than three licensed practitioners. Mechanical or Electronic Games. Any machine apparatus, contrivance, appliance, or device which may be operated or played upon by placing or depositing therein any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, and which involves the use of either skill or chance. Such games include, but are not limited to, computer games or computer functions, electronic video games, tape machines, card machines, pinball machines, bowling game machines, shuffleboard machines, marble game machines, horse racing machines, basketball game machines, baseball game machines, football game machines, or any other similar machines or devices. Mechanical and Electronic Games Terms. The following terms from Section 122- 626 are defined below: Manager. The person on duty who has final authority over and responsibility for business premises. Operator. Any person who owns or leases mechanical or electronic games and installs the same in any place of business not his own. Person. Any individual, corporation, association, syndicate, joint stock company, partnership, club, society, or similar entity. Premises. Any structure, or portion of a structure, which contains mechanical or electronic games. Proprietor. Any person in whose premises any mechanical or electronic game is placed for the use, amusement, patronage, or recreation of the public or of persons in or about said place. School. Any educational institution, public, private, secular, or parochial, which offers instruction of high school grade or below. Street. Any street, alley, way, or road, either public or private, that is used or to be used for ingress or egress. Minor Exception. See Article VII, Division 6 (Minor Exceptions). Division 2. Definitions Article IX – Page 35 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Minor Use Permit. See Article VII, Division 8 (Minor Use Permits and Use Permits). Mixed-Use Project. A project that combines two or more land uses on the same site (i.e., Commercial and Residential). See Article V Section 122-627 (Mixed-Use Projects). Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory built housing. A mobile home on a permanent foundation that is included under the definition of Single-Family Dwellings. Negative Declaration. A Negative Declaration as defined by the California Environmental Quality Act (CEQA). Non-Conforming Building or Structure. A building or structure that was lawfully constructed prior to the effective date of the Development Code, or any amendment thereto, which no longer complies with all the applicable regulations and development standards, such as height, lot coverage, FAR, or setback requirements, for the zoning district in which the building is located, by reason of adoption or amendment to the Development Code, or by reason of annexation of territory to the City. Non-Conforming Building or Use, Illegal. A building or use that does not conform to one or more of the provisions of the Development Code and did not lawfully exist on the effective date of applicable sections of the Development Code. Non-Conforming Lot. A lot which was lawfully subdivided or established, but which does not conform to the minimum site area, dimensions (width or depth), for the zoning district in which the lot is located, by reason of adoption or amendment to the Development Code, or by reason of annexation of territory to the City. Non-Conforming Sign. A sign that lawfully existed prior to but which fails by reasons of such adoption of amendment to conform to all of the standards and regulation of the Development Code or amendment thereto or by reason of annexation of territory to the City. Non-Conforming Use, Legal. Use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment to the Development Code or by reason of annexation of territory to the City. Occupancy, Change in. A discontinuance of an existing use and the substitution therefore of a use of a different kind of class. Off-Sale Liquor Establishment. Any establishment at which alcohol is sold, served, or given to patrons to be consumed off-site, except food markets, supermarkets, drugstores, and other retail establishments in which the sale of alcohol for off-site use constitutes less than 20 percent of the total sales. Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use. Off-Site Loading Facility. A facility for consolidating and loading materials that will eventually be moved to another final destination for storage, selling, disposal or other purpose Open Space Terms. Terms used to define land areas intentionally under- or undeveloped for the purposes of natural resource preservation, outdoor recreation and/or to promote public health and safety. Division 2. Definitions Article IX – Page 36 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Private open space terms refer to those properties located inside a subdivision or other residential projects and designated for those residents’ use. See CMC Section 94-662 (Definitions) for an explanation of common, private and recreational open space within a residential development. Public open space lands are available to the general public and are generally larger properties with limited uses that require little or no built structures, such as hiking and horseback riding trails. Zoning Districts with open space uses are the Open Space, Rural Conservation and Wetlands/Resource Conservation. Ordinary Maintenance and Repair. A work for which a Building Permit is not required, the purpose and effect of which is to correct deterioration of, or damage to a structure, and to restore the structure to its condition before the deterioration or damage. Outdoor Eating Area. Any group of tables and chairs or authorized decorative and accessory devices situated and maintained entirely upon private property for use in connection with the consumption of food and beverages sold to the public from an Eating and Drinking Establishment. Outdoor Storage. The keeping, in a roofed area, or partially roofed area or open roofed canopy, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours, except for building materials required for construction work on the premises pursuant to a valid and current building permit issued by the City for Outdoor Retail Sales (See Use Classifications). Parking Area. A lot, structure, or designated area, designed and used to provide parking for operable vehicles on a temporary basis. Parks. All public and private parks in the City. Pedestrian Orientation. A physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians that typically includes most of the following elements: (1) Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk; (2) Visibility into buildings at the street level; (3) A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way; (4) Continuity of building facades along the street with few interruptions in the progression of buildings and stores; (5) Signs oriented and scaled to the pedestrian rather than the motorist; (6) Pedestrian orientation may also include design amenities related to the street level, such as awnings, paseos, and arcades; landscaping and street furniture. Pedestrian-Oriented Use. A land use that is designed to encourage walk-in customers and that generally does not limit the number of customers requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from sidewalk and street due to visual interest, high customer turnover, and/or social interaction. Person. Any individual, firm, partnership, corporation, company, association, joint stock association, city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof. Division 2. Definitions Article IX – Page 37 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Persons with Disabilities. Persons who have a medical, physical, or mental condition, disorder, or disability, as defined in California Government Code § 12926, that limits one or more major life activities. Planning Commission. The City of Concord Planning Commission. See CMC Chapter 2 (Administration). Planning Division. The City of Concord Planning Division as referred to in the Development Code is a collective term to include decisions by the Division Director, Manager or Chief and designated representatives. Planning Permit. Any discretionary application or approval reviewed and processed by the Planning Division as authorized by the Development Code, Subdivision Ordinance, or other Concord Municipal Code requirement, including Administrative Permit, Minor Exception, Design Review, Development Permit, Sign Permit, Variance, Minor or Major Use Permit, Planned Development Use Permit, Minor or Major Subdivision, Hillside Development Use Permit, Certificate of Appropriateness, Temporary Permit, or Finding of Public Convenience and Necessity, Vendor Permit. Porch. A covered but otherwise open platform that provides a transition between the interior of a building and the public space of the street. Primary Structure. A structure that accommodates the primary use of the site. Primary Use. The main purpose for which a site is developed and occupied. Project. Any proposal for a new or changed use for a new construction, alteration, or enlargement of any structure. This term also refers to any action that qualifies as a “project” as defined by the California Environmental Quality Act. Property Line. See Lot Line. Property Owner. Any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant, or other person having control or possession of the property. Public Building. Any building owned, leased, or held by the United States, the State, the County, the City, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used for governmental purposes, but excluding Buchanan Field Airport. Public Park or Recreation Area. Public land which has been designated for park, recreational, or arts activities including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, open space, wilderness area, or similar public land within the City, but excluding Diablo Creek Golf Course. Public Places. All grounds or areas other than streets or parks owned by, leased to, or under the contract of the City or other governmental agency. Public Right-of-Way (ROW). Public streets and utility easements owned by the City or other public entity. Residential District (R District). One or more of the following districts: RS Single-Family Residential, RL Residential Low Density, RM Residential Medium-Density, and RH Residential High-Density. Recreational Vehicle. A recreational vehicle means either of the following: Division 2. Definitions Article IX – Page 38 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 (1) A motor home, travel trailer, truck mounted camper, or camping trailer that is either selfpropelled or is permanently towable on the highways and is designed for human habitation for recreational, emergency, or other occupancy. (2) A boat on a trailer, recreational equipment such as a motorcycle trailer, personal water craft trailer and similar recreational equipment as determined by the Neighborhood Services Division. The recreational equipment must be mounted on the trailer. Recycling Terms. The following terms relate to Article II and Article V. Bulk Reverse Vending Machine. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container. Certified Recycling Facility. A certified recycling facility means a collection facility or processor which has been certified by the state Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (Public Resources Code § 14500 et seq.), as amended Collection Facility. A collection facility is a certified recycling facility where the general public may donate, redeem, or sell recyclable materials. Collection facilities may include the following: (1) Reverse vending machines; (2) Small collection facilities; (3) Large collection facilities; and (4) Mobile recycling unit. Convenience Zone. The area within a half mile radius of a supermarket. Host Use. Host use is an existing commercial use, shopping center, or community institution located on the same parcel where a certified recycling facility is to be located, and which is in compliance with the zoning, building, fire, and health codes for the city and the county, as applicable. Large Collection Facility. A large collection facility is a collection facility which is larger than 500 square feet in area, may be located on separate property not appurtenant to a host use, and may include a permanent building, as allowed by Article II. Mobile Recycling Unit. A mobile recycling unit means: (1) An automobile, truck, trailer, or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials and meets the requirements of a certified recycling facility; and (2) The bins, boxes, or containers which are transported by trucks, vans, or trailers and used for the collection of recyclable materials at a certified recycling facility. Division 2. Definitions Article IX – Page 39 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Processing. "Processing" means the preparation of material for shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, and cleaning. Processing facility. A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Recycling Facility. A recycling facility as described in Article II and Article V is a Certified Recycling Facility for the collection and/or processing of recyclable materials. A recycling facility may include collection or processing facilities or both. For the purposes of this Code, a recycling facility does not include areas for the storage and collection of recyclables at apartments and other multi-family residential, offices, businesses, and manufacturers when recycling collection areas are used solely for the recycling of material generated by that use. See also Recycling Facilities CMC Section 82-112 (Definitions). Recyclable Material. Recyclable material is manufactured material which is intended for or is capable of being reused, reconstituted, or remanufactured for subsequent human consumption or use. Recyclable material includes, but is not limited to, metals, glass, plastic, and paper. Recyclable material may include used motor oil collected and transported in accordance with Health and Safety Code §§ 25250.11 and 25143.2(b)(4). Recyclable material does not include anything that can be sold for consignment or secondhand use such as clothing, or refuse or hazardous materials. Religious Institution. Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities. Rescission. The City’s unilateral unmaking of an approval for a legally sufficient reason, such as applicant’s material breach of a condition. Residential Zone or Residential Use. Property which is zoned for a residential use and/or is used for a single-family house, duplex, townhouse, multifamily dwelling, mobile home park, or subdivision, or any other residential use. Review Authority. The individual or official City body (the Planning Division, Zoning Administrator, Design Review Board, Planning Commission, or City Council) identified by the Development Code as having the responsibility and authority to review and approve or disapprove the permit applications described in Article VII (Permits and Permit Procedures). Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use. School. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, special education schools, junior colleges, and universities. “School” includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school. Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street. Setback. The area between a property line and building or structure which must be kept clear or open. Division 2. Definitions Article IX – Page 40 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Shopping Center. A building or buildings containing at least two separate commercial tenants or occupants where combined gross floor area totals at least 20,000 square feet where no more than ten percent of such tenant’s or occupant’s combined gross floor area is devoted to medical offices, and which uses are located on the same lot or located on separate or abutting lots tied together by binding legal agreements providing rights of reciprocal vehicular access. Sidewalk. A paved, surfaced, or leveled area that parallels the street, used as a pedestrian walkway. Sidewalk Café. Any group of tables and chairs or authorized decorative and accessory devices situated and maintained upon the public sidewalk for use in connection with the consumption of food and beverages sold to the public from an Eating and Drinking Establishment. Sign. Any letters, figure, visual symbol, emblem, logo, object, or display or any combination thereof, designed or used to identify, attract attention to, advertise, of communicate information. Signs include display surfaces together with such facilities as are utilized in supporting, maintaining, and illuminating the display surfaces. Sign-Related Terms. The following terms are related to Article IV, Division 7 (Signs): Aerial Sign. A sign or device that is either floating or flying in the air but is secured to a structure or to the ground by strings or cables, and is primarily installed to attract attention to or to advertise a business, a business location, a service product, or an event. A-frame (See Portable Ground Sign) Animated Sign. A sign that uses movement or change in lighting to depict action or create a special effect or scene. Area identification signs. A permanent sign used to identify a residential area, shopping district, industrial district, or any area which fulfills the definition of an identifiable area. Aerial Sign. A balloon or other air-borne flotation device which is tethered to the ground or to a building or other structure Awning Sign. A sign painted or otherwise affixed permanently to the exterior surface of an awning. Awning means a shelter projecting from and supported by the exterior wall of a building and constructed of a rigid frame covered by a flexible skin, e.g., fabric, synthetic material, or thin sheet metal. (See Roof Sign.) Balloon. An inflatable, airtight bag that can be strung together in multiple numbers to attract attention to a business location. A balloon shall not be considered an inflatable sign. Banner. Banner shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. Billboard. (See Off-Site or Off-Premise Sign) Building Attached Sign. Building attached sign shall mean a sign placed on a wall, awning, canopy, parapet, or a blade bracket. Also see Wall Sign, Canopy Sign, or Blade/Bracket Sign. Division 2. Definitions Article IX – Page 41 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Building Attached Signs Building frontage. The linear dimension of a building that is roughly parallel to and facing a public street (excluding an alley) or public/private parking lot, if appropriate. This linear amount determines the allowable sign area. For buildings with multiple frontages, the calculation of allowable sign area shall be based on the primary building frontage. The sign applicant or business owner may designate the primary and secondary building frontages, except for corner lot buildings, which shall be measured along the street on which the address of the building is assigned, regardless of the location of the building entrance. Changeable copy sign. A sign with informational content on its face that can be changed or altered manually. The user, rather than a sign company, can change the copy. CHANGEABLE COPY SIGN Channel Letter Sign. A sign made up of individual letters or figures that are independently mounted to a wall or other surface. The “air space” between the letters or figures is part of the building façade and is not part of the sign structure. When a logo is clearly distinguished from other sign elements, it may be considered a channel letter. Division 2. Definitions Article IX – Page 42 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 City Building Official. Includes the person with that job title, as well as any building inspection personnel to which he delegates enforcement responsibility for this section. Commercial Message. Any sign, wording, logo, or other representation that names or advertises a business, product, service, or other commercial activity. Construction Signs. A temporary sign describing in words and/or drawings a planned future development project on a property. Copy. Any words, letters, logos, numbers, figures, design, or other symbolic representation incorporated into a sign. Directional Sign. An on-site sign designed to direct or guide pedestrian or vehicular traffic and which is non-advertising in nature, except for a logo and directional information, (e.g., handicapped parking, one-way, exit, and entrance.) Directory Sign. A freestanding or wall sign that identifies all businesses located within a commercial building, a shopping center, or industrial building, or an institutional establishment. Election period. Consists of the 75 days prior to election, election day, and the ten days after election day. Face. The surface or surfaces used for the display of a sign message as seen from any one direction. Electronic Readerboard Sign. An electronic sign, typically comprising a liquid crystal diode (LCD), light emitting diode (LED), plasma, or other digital illuminated sign that displays one or more messages. An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message, rather than illumination lighting the message. Freeway. Shall mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting land or in respect to which such owners have only limited or restricted right or easement of access and which is declared to be a freeway as provided by the Street and Highway Code of the state. Freestanding Sign. A sign that is permanently supported upon the ground by poles or braces and is not attached to any building or other structure. Or a sign constructed upon a solid appearing base, such as a landscaped planter or pedestal typically constructed of stone, brick, or concrete. Ground Sign. See Freestanding Sign. Division 2. Definitions Article IX – Page 43 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 FREESTANDING SIGN Identifiable area. Residential subdivisions with a minimum of two acres; commercial, office or business park containing a minimum of five acres with an integrated site and design plan creating a single unified development with one or more uses. Illuminated. A sign with an artificial source of light incorporated internally or externally for the purpose of illuminating the sign. Inflatable. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event. An inflatable sign shall not be considered a balloon. Logo. A specially designed graphic symbol of a business establishment, a company, or any other legal private or public entity. Mansard. A wall which has a slope equal to or greater than two vertical feet for each horizontal foot and has been designed to look like a roof. (See Roof Sign) Neon. A sign with tubing that is internally illuminated by neon or other electrically charged gas. Noncommercial Sign. A sign that displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. Obscene matter. Any sign displaying obscene, indecent, or immoral subject matter, as such matter is determined in Penal Code § 311. Off-Site or Off-Premise Sign. A sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. This definition shall include, but is not limited to, billboards, posters, panels, painted bulletins, and similar advertising displays. An off-site sign meets any one of the following criteria and includes only commercial messages: (a) A permanent structure sign which is used for the display of off-site commercial messages; Division 2. Definitions Article IX – Page 44 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 (b) A permanent structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located; or (c) An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel or is the same development as the sign), in exchange for a rent, fee, or other consideration. On-Site or On-Premise Sign. A sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple-tenant commercial or industrial development, a sign is considered on-site whenever it is located anywhere within the development. In the case of a duly approved Uniform Sign Program, a sign anywhere within the area controlled by the program may be considered on-site when placed at any location within the area controlled by the program. Parapet. That portion of the building wall that extends above the roof of the building. Pole Sign. Pole sign shall mean an on-site freestanding sign, supported by a sign structure from the ground which identifies businesses located on the same parcel or in the same development on which the sign is located. Generally, pole signs are supported by one or more metal or wood posts, pipes, or other vertical supports. The support structure is not integrated into the overall design of the sign. Political sign. Any board, poster, placard, banner, or other medium, including its structure and component parts, which is designed to influence the action of a voter in voting for or against any candidate or measure on the ballot at any national, state, or local election. POLE SIGN Portable ground signs. Any sign which is movable and which is not permanently attached to the ground, a structure, or any other sign. Portable signs include A-frame signs, sandwich board signs, Real Estate signs and signs on wheels. Division 2. Definitions Article IX – Page 45 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Primary Sign. The primary business name or as related to automobile vehicle sales, the primary brands sold at that dealership. Projecting Sign. A sign that projects perpendicular from a structure (bracket sign) or is hung beneath a canopy (blade sign). PROJECTING SIGN Push Pin Letter Sign. Push pin letter sign shall mean a sign comprised of individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting. The “air space” between the letters is not part of the sign structure but rather the building facade. PUSH PIN LETTER SIGN Raceway. Rectangular box containing the electrical components necessary for illuminating a sign. Typically, channel letters or figures are mounted onto the box, which is then attached to a wall or other structure. The box is referred to as a raceway, because the wiring and ballasts used jointly by all of the channel letters or figures run through one or more common raceways. Real Estate Sign. A temporary sign indicating that the premises on which the sign is located is for sale, lease, or rent. These signs typically include rider signs that describe amenities such as swimming pools and spas, open house signs, subdivision signs, and off-site directional signs. Roof signs. Any sign erected upon or above a roof, canopy, awning, or mansard. Division 2. Definitions Article IX – Page 46 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Secondary Sign. Signs that identify services and products which are not the business name. Sign. Any medium, including its structure and component parts in view of the general public, which is used to attract attention for advertising or identifying purposes. Skyline Sign. A flat-mounted sign located at the top floor of a building which does not project above the higher of the cornice or parapet of the building. Subdivision Directional Sign. Subdivision directional sign shall mean a temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the initial home sales of multiple lots with a single builder within a master planned community, including both single-family and multi-family for sale products. All other home sales are included within the definition of Real Estate Sign. Temporary sign or display. Any sign or display intended to be displayed for 30 days or less. Under-canopy. A sign suspended under a canopy, marquee, or arcaded walk in front of a building. Canopy is defined as a rigid multi-sided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground, or cantilevered out from the main structure. (See Roof Sign). Wall Sign. A sign painted or installed on or attached to a wall, or dependent upon a building for support, and which is parallel to the building façade. This definition includes painted,and channel letters. Window Sign. Signs on windows, doors, or other entranceways. Single-Family Dwelling. A building designed for and/or occupied exclusively by one family. Also includes factory built, modular housing units, constructed in compliance with the Uniform Building Code (UBC) and mobile homes/manufactured housing units that comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, placed on permanent foundation systems. Site. A parcel or adjoining parcels under single ownership or single control considered a unit for the purposes of development of other use. Site Coverage. The percentage of total site area occupied by structures and all impervious surfaces. Structure/building coverage is measured from exterior wall to exterior wall. Solid Waste, Recycling, and Green Waste Materials Storage. See CMC Chapter Chapter 82, Article III, Sec.81, and Article IV, Secs. 82-112 and 82-115. Specific Plan. A plan details land use and development regulations planned infrastructure and public improvements, financing measures, and other topics, in compliance with Government Code § 65450 et. seq. State. The State of California. Storage. The physical presence of any of the following, or any portion thereof, including but not limited to: motor vehicles (except automobiles, motorcycles, pickup trucks, and vans one ton capacity or less which are in fully operational condition and which are currently registered with the State Department of Motor Vehicles or the equivalent out-of-state or federal agency), recreational vehicles, house cars, trailers, trailer coaches, non-motorized mobile homes, campers, camper shells, airplanes, boats, parts of any of the above, and building materials not reasonably required for construction work on the premises pursuant Division 2. Definitions Article IX – Page 47 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 to a valid and existing building permit issued by the City. “Storage” also includes other vehicles, machines, equipment, supplies, and materials which could degrade the health, safety, general welfare, or aesthetics of an area. Storage, Accessory. The indoor storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use. Storage, Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or primary use. Stormwater Management and Discharge Control. See CMC Chapter 86, Article Section 86-32 (Definitions) Story. That portion of a building included between the surface of any floor and the surface of the floor directly above it; or, if there shall be no floor above; the space between such floor and the ceiling directly above it. EXCEPTIONS: (a) Subgrade parking structures and basements shall not be considered stories. (b) Above grade parking levels in commercial districts shall count as 0.75 stories. Street. A public or private right-of-way whose function is to carry vehicular traffic or provide vehicular access abutting property. Structural Alteration. Any change of the supporting members of a building, such as bearing walls, columns, beams or girders, floor joints, ceiling joists, or roof rafters. Structure. Anything constructed or erected on the ground or which is attached to something located on the ground. The word “structure” includes the word “building” but does not include: (1) a fence or wall (used as a fence) if the height does not exceed 6 feet; (2) access drive or walk; (3) deck under 18 inches from finished grade; Structure, Accessory. See Accessory, Building. Structure, Primary (Structure, Main). A structure housing the principal use of a site or functioning as the principal use. Structure, Temporary. A structure without foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected had ceased. Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than 1.5 feet at any point. Subdivision. The division, by any subdivider, of any unit or potion of land shown on the latest equalized Contra Costa County assessment roll as a unit or contiguous units, for the purpose of sale, lease, of financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code § 1715: a condominium project; a community apartment project or the conversion of five or more existing dwelling units to a stock cooperative. Division 2. Definitions Article IX – Page 48 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Subdivision Map Act. California Government Code. Title 7. Planning and Land Use Division 2. Subdivisions. Regulates the design and improvement of any property divided into 2 or more parcels. Establishes the requirement for a tentative map and then a final or parcel map. See CMC Section 94 Subdivisions. Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces. Temporary Office. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on site real estate office for a development project; or a temporary business office in advance of permanent facility construction. Temporary Structure. A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Temporary Use. A land use that is designed, operated and occupies a site for a limited time, typically less than 12 months. Transit Street. A street that carries an existing bus route or other transit system with a 20-minute or more frequent peak hour service or that is identified as a bus route in the General Plan (Figure 5-5 Transit Route System). Uniform Building Code. The latest edition of the Uniform Building Code, as adopted by and in effect in the City. Unit. See Dwelling, Dwelling Unit, or Housing Unit. Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained. Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the principal use and located on the same lot as the principle use. Use Permit. See Article VII, Division 8 (Minor Use Permits and Use Permits). Use Permit, Minor. See Article VII, Division 8 (Minor Use Permits and Use Permits). Use, Primary. A primary or dominant use established, or proposed to be established, on a lot. Variance. Permission to depart from the literal requirements of the Development Code. See also Article VII, Division 8 (Variances). Vegetation and Tree Preservation Terms. See also CMC Section 114-32. Appropriate planning agency. For the purposes of this article, an appropriate planning agency is the Planning Commission, Design Review Board, or Zoning Administrator. Arborist. 1) A person currently certified by the Western Chapter of the International Society of Arboriculture as an expert on the care of trees; 2) A consulting arborist who satisfies the requirements of the American Society of Consulting Arborists; Division 2. Definitions Article IX – Page 49 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 or 3) other qualified professional who the Director determines has gained through experience the qualifications to identify, remove, or replace trees. City-owned tree, shrub, or hedge. Trees, shrubs, and hedges along the major street system, as shown in the Circulation Element of the General Plan, which are not required to be maintained by the adjacent property owner as a condition of development approval, or which are not maintained by a landscape maintenance district, homeowner’s association, or other provisions for private maintenance. DBH (diameter at breast height). Tree diameter at breast height, typically measured at 4.5 feet above ground. Diameter of a tree. Trunk diameter measured at 4.5 feet above the ground (also shown as Diameter at Breast Height, or DBH). Drip line. A line on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drip from the trees. When depicted on a map, the drip line will appear as an irregular shaped circle that follows the contour of the tree’s branches as seen from overhead. Drought-tolerant plants. Those plants which are identified in Water Conserving Plants and Landscapes for the Bay Area, by the East Bay Municipal Utilities District, or other acknowledged expert sources, including literature of the Contra Costa Water District, as plants with low water requirements. Plants not so identified may be accepted as “drought tolerant” provided they are documented to use little water. Hedge. Any plant material, shrub, or plan, annual or perennial in nature, not necessarily hardy. Heritage tree: (1) Any tree in the city, whether located on public or private property, which is at least 72 inches in circumference (approximately 24 inches in diameter) measured 4.5 feet above natural or established grade. (2) A multi-stemmed tree which had one stem of a least 24 inches or more in circumference. (3) Any tree or group of trees which had a relationship to an event of historical significance or is of public interest and which had been designated by action of the Planning Commission as a heritage tree. Landscape area. The area to be landscaped, consisting of gross square footage of the parcel or parcels, less the square footage devoted to building pads, driveways, parking areas, and trash enclosures. Shrub. A woody plant of relatively low height, distinguished from a tree by having several stems rather than a single trunk. Vendor. A person who sells, offers to sell, barters, exchanges, or displays any type of food, wares, merchandise, or service at any location other than within a building or structure constructed on a permanent foundation which is occupied, rented, leased, or owned by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary Division 2. Definitions Article IX – Page 50 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 business activity on those premises shall not be considered a vendor under this article. Sidewalk cafes regulated by section 122-632 of this chapter are not considered to be vendors under this article. Vendor cart. A small non-motorized vehicle equipped with a container(s) for food, wares, or other merchandise, and/or services offered for sale, barter, or exchange also called stationary vendors.. Vendor motor vehicle. Also termed rooming vendor, is a motor vehicle from which food items, wares, or other merchandise and/or services are offered for sale, barter, or exchange. A vendor motor vehicle is any vehicle used for commercial purposes including, but not limited to, travel trailers, recreational vehicles, and vans. Waste Management Compliance Official (WMCO).The City Manager or his or her designee, or consultant hired by the City of Concord. Water Efficient Landscape Terms: Applicant. The individual or entity submitting a Project Landscape Application required under Section 122-474 (Landscape Project Application), to request a permit, plan check, or design review from the local agency or requesting new or expanded water service from the water district. An applicant may be the property owner or their designee. Applied water. The portion of water supplied by the irrigation system to the landscape. Automatic irrigation controller. An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. Backflow prevention device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. Certified irrigation designer. A person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program. Certified landscape irrigation auditor. A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program. Certified irrigation professional. A certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect or a licensed landscape contractor, or any other person authorized to design a landscape. Conversion factor (0.62). The number that converts acre-inches per acre per year to gallons per square foot per year Drip irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. Ecological restoration project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Division 2. Definitions Article IX – Page 51 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Effective precipitation or usable rainfall (Eppt). The portion of total precipitation which becomes available for plant growth. Establishment period. The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Estimated Total Water Use (ETWU). The total water used for the landscape as described in the “Water Budget Work Sheet”, on file with the Planning Division. ET adjustment factor (ETAF). A factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8. Evapotranspiration rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. Flow rate. The rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. Hardscape. Any durable material (pervious and non-pervious). Hydrozone. A portion of the landscaped area having plants with similar water needs. hydrozone may be irrigated or non-irrigated. A Invasive plant species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. irrigation audit. An in-depth evaluation of the performance of an irrigation system. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. Irrigation efficiency (IE). The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this Division is 70%. Greater irrigation efficiency can be expected from well-designed and maintained systems. Irrigation survey. An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. Irrigation water use analysis. An analysis of water use data based on meter readings and billing data. Landscape architect. A person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code, Section 5615. Division 2. Definitions Article IX – Page 52 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Landscape area. All the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). Landscape contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Landscape project. The total area comprising the landscape area, as defined in this Division. Lateral line. The water delivery pipeline that supplies water to the emitters or sprinklers from the valve. Low volume irrigation. The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Maximum Applied Water Allowance” (MAWA). The upper limit of annual applied water for the established landscaped area as specified in the City of Concord “Water Budget Work Sheet,” on file with the Planning Division” Mined-land reclamation projects. Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. New construction. The construction of a new building or structure containing a landscape or other new land improvement, such as a park, playground, or greenbelt without an associated building. Noxious weeds. Any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Operating pressure. The pressure at which the parts of an irrigation system are designed by the manufacturer to operate. Overhead sprinkler irrigation systems. Systems that deliver water through the air (e.g., spray heads and rotors). Overspray. The irrigation water which is delivered beyond the target area. Permit. An authorizing document issued by the City of Concord for new construction or rehabilitated landscapes. Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil. Plant factor or plant water use factor. A factor, when multiplied by ETo, estimates the amount of water needed by plants. Division 2. Definitions Article IX – Page 53 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Precipitation rate. The rate of application of water measured in inches per hour. Rain sensor or rain sensing shutoff device. A component which automatically suspends an irrigation event when it rains. Recreational area. Areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. Reference evapotranspiration or “ETo”. A standard measurement of environmental parameters which affect the water use of plants. Rehabilitated landscape. Any re-landscaping project that requires a permit, plan check, design review, or requires a new or expanded water service application. Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. Soil moisture sensing device or soil moisture sensor. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. Special Landscape Area (SLA). An area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Sprinkler head. A device which delivers water through a nozzle. Station. An area served by one valve or by a set of valves that operate simultaneously. Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses. Valve. A device used to control the flow of water in the irrigation system. Water feature. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). WUCOLS. The Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation in year 2000. Wireless Communication Facility. A facility that transmits and/or receives electromagnetic signals, including antennas, monopole and/or equipment cabinets or accessory structures, fencing and related equipment, such as cables, conduit and connectors. Wireless Communication Facility Terms Amateur Radio. Any system of poles, panels, rods, reflectors, wires or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to radio waves Division 2. Definitions Article IX – Page 54 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 at any radio frequency operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC). Boom. A supporting horizontal arm to assist in mounting an antenna to a pole, tower, or structure, including buildings. Building-mounted. Any antenna mounted on or affixed in any manner to any portion of a building other than a roof. Camouflaged or Stealth Facility. Any facility designed to blend into the surrounding environment by means of screening or concealment. The facility and supporting equipment, including the equipment cabinet or shelter, shall not be readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing landscape or environment Carrier. An entity or company that provides wireless communication services. Cell site. An informal term for a wireless communication facility. Collocation. A facility comprised of a single structure, used to support multiple antennas operated by more than one carrier, including the equipment cabinet, enclosure, fencing and related equipment, such as cables, conduit and connectors. Primary co-locations are new facilities that provide future co-location facilities to other providers. Secondary co-location are facilities of subsequent providers on a primary co-location facility. Direct Broadcast Satellite Service. An antenna, usually a small home receiving dish, designed to receive direct broadcast from a satellite. Distributed Antenna System. A multiple antenna system interconnected via coaxial cables or optical fibers belonging to a single access point/base station dispersed across a coverage area. Equipment. The term “related equipment” shall mean the equipment ancillary to the transmission and reception data via radio frequencies. It includes but is not limited to equipment pads, equipment shelters, cabinets, buildings, and access ladders. Equipment Cabinet. A cabinet used to house equipment associated with a wireless telecommunications facility. Equipment Enclosure. An enclosed area used to house equipment and facilities which may include a pole or structure, equipment cabinet and generator. GPS. An antenna that receives signals from the global positioning system (GPS) which uses a system of satellites that transmit precise timing signals. Ground-mounted. Any antenna attached to a freestanding support structure with its base, single or multiple posts, placed directly on or anchored to or in the ground. Height. The total height of all freestanding support structures and/or antennas, including all antenna(s) and appurtenances, as measured from the ground elevation at the base of the support structure to the highest point of the structure or antenna whichever is taller. Division 2. Definitions Article IX – Page 55 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Multi-Point Distribution Services. An antenna designed to receive video programming services via multi-point distribution services, including multipoint, multi-channel distribution services, instructional television fixed services, and local multipoint distribution services. Omni-Directional. A vertically-oriented antenna typically consisting of a rigid rod that transmits and/or receives a radio signal in all horizontal directions; also referenced to as a whip antenna. Pole Mounted. A freestanding support structure, typically tubular in shape, specifically designed and constructed to support one or more antennas or an antenna attached to an existing utility or light pole. Radio Frequency. A frequency or rate of oscillation in electrical circuits including antennas with the range of about 9 KHz and 275 GHz. Reception Window. The area within the direct line between a satellite antenna and orbiting communications satellites transmitting signals. Repeater. A device that allows the signal of a network to be extended by means of transmission. Roof-mounted. An antenna directly attached or affixed to any portion of the roof of an existing structure, including parapets, bell towers, or other similar rooftop structures typically constructed above a roof. Satellite. Any antenna used to receive and/or transmit radio or television signals from orbiting communications satellites. Satellite Earth Station. An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite. Search Ring. A geographic area of a specific radius that a wireless carrier uses to focus their search for a wireless communications facility. Service Provider. Any authorized provider or wireless telecommunications services. Shared Location. More than one wireless communications facility comprised of multiple structures used to support antennas operated by one or more carriers where such structures are located within proximity to each other. Significant Gap in Service. Demonstrated lack of radio frequency coverage that meets the minimum requirements set by the FCC for that provider in its own service coverage area. The burden of proof to demonstrate the significant gap as proved by objective, reliable data is upon the service provider. Support Structure, Freestanding. An antenna array and its associated support structure, such as a pole, mast or tower, including structures designed to camouflage antennas such as a treepole, that is used for the purpose of supporting antennas. Any other structure that is not attached to any part of an existing building, fence, roof or wall. Television Broadcast Service. signals. An antenna designed to receive only television broadcast WMCO. Waste Management Compliance Official. Division 2. Definitions Article IX – Page 56 City of Concord Development Code Article IX. Terms Effective: November 7, 2013 Youth organization. Any organization which primarily serves youth clientele on a membership basis. Zoning Administrator. See Article I, Division 2 (Development Code Applicability). Zoning Clearance. See Development Code Article VII, Division 3 (Zoning Clearance). 122-1609 - - 122-1630 Reserved Division 2. Definitions Article IX – Page 57 City of Concord Development Code Article IX. 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