§ 30-2. DEFINITIONS.

a.

Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure", and the word "shall" is mandatory and not directory. City Council shall mean the City Council of the City of Alameda, and Planning Board shall mean the Planning Board of the City of Alameda. City shall mean the incorporated area of the City of Alameda. Zoning Administrator shall mean the Planning Director, or such person as he/she may, with the prior approval of the Planning Board, designate, who shall administer and interpret the provisions of the zoning regulations and perform other duties as prescribed herein. Other terms not specifically mentioned hereabove shall have the meanings ascribed to them by the Charter and this Code.

b.

As used in this chapter:

Accessory building shall mean a detached subordinate building, the use of which is incidental to that of the main building(s) on the same lot or to the primary use of the land.

Accessory dwelling unit shall mean an attached or detached residential dwelling which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as one (1) primary single-family dwelling.

Accessory dwelling unit — Junior , shall mean a dwelling unit, as defined in Government Code Section 65852.22, that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure, and may include separate sanitation facilities, or may share sanitation facilities with the existing dwelling.

Accessory use shall mean a use of a building which is incidental or subordinate to the principal use or building located upon the same lot.

Agency shall mean an office or commercial establishment in which goods, material or equipment are received for servicing, treatment or processing elsewhere.

Alley shall mean a public or permanent private way or lane less than forty (40′) feet in width which affords a secondary means of access to abutting property.

Anchor-out shall mean and refer to houseboats or live-aboard boats moored or anchored offshore and not in an authorized commercial marina. (Note: Anchor-outs, other than transient boats, are not permitted.)

Antenna, satellite dish shall mean a dish-shaped device designed to receive television signals transmitted from orbiting satellites, as well as all supporting equipment necessary to install or mount the antenna.

Art gallery shall mean an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

Artist's studio shall mean an establishment or work space for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft. An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven articles, and related items.

Artist's studio industrial shall mean an establishment or work space for artists, crafts person or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft primarily for the preparation, display, and sale of individually crafted large scale objects, artwork, sculpture, ceramics, or product that require the use of heavy machinery, large scale ovens or kilns, or hazardous materials.

Balcony shall mean a platform enclosed by a railing or balustrade projecting from the exterior wall of a building, accessible only from the interior of the building.

Banks, savings and loan services shall mean financial institutions that provide retail banking services to individuals and businesses. These institutions include banks, savings and loans, credit unions, security brokers and real property lending institutions. It does not include check cashing or payday advance uses.

Bar shall mean a place where alcoholic beverages are sold in unpackaged form for consumption on the premises, does not include food prepared in a kitchen located on the premises and does not admit persons under the age of twenty-one (21). This classification includes businesses with Alcoholic Beverage Control (ABC) licenses 40, 42, 48, 49, or 61.

Bay window shall mean an architectural projection built out from a wall, with windows and without any, or very limited, solid wall area on the longest wall of the projection itself.

Bed and breakfast facility shall mean a building or portion thereof or group of buildings containing rooms used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit, and subject to all regulations listed below:

1.

A use permit shall be obtained where required.

2.

Parking shall be provided in accordance with Section 30-7 of the zoning regulations.

3.

Signs shall be permitted in accordance with Section 30-6 of the zoning regulations.

4.

Design review shall be required for interior and exterior modifications of the structures and grounds.

5.

Any structure proposed for a bed and breakfast facility shall be listed in the City's historical building list as an "N" designated structure.

6.

Open space shall be provided as required by the zoning district in which the bed and breakfast facility is located.

7.

Interior residential features shall be retained in a manner which will allow reconversion back to a purely residential use.

8.

Those buildings containing separate units, each with individual kitchen facilities and used for long term rental, shall not be converted to bed and breakfast facilities.

9.

Bed and breakfast facilities shall be managed and occupied by the owner of the property.

10.

Guests shall check in and out only between 8:00 a.m. and 8:00 p.m.

11.

The maximum stay for guests shall not exceed fourteen (14) days within any thirty (30) day period. No long term rentals shall be allowed.

12.

No cooking facilities shall be allowed in the guest rooms.

13.

There shall be only one (1) meal, breakfast, served daily and limited to transient guests only.

Boutique theater shall mean a theater with audiences of forty-nine (49) persons or less for live performances or for the screening of motion pictures where there is only one (1) screen in the theater.

Breezeway shall mean a covered or partially covered, partially enclosed passageway, which may include stairs, connecting parts of a building or two (2) buildings.

Building coverage shall mean the percentage of the lot area which may be covered by all buildings and roofed structures on a parcel except eaves, sills, cornices.

Building height shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof ridge or parapet wall.

Building height (maximum) shall be established by an assumed plane, as measured perpendicularly from the existing grade, and as prescribed by the subject zoning district. Except as provided for under Section 30-5.8 (Height Exceptions), no portion of the structure, including any part of the roof, may project above the assumed plane.

Building site shall mean the land area of a lot within the required yards occupied by or capable of being covered by main buildings permissible under this chapter.

Building width shall mean the total width of the primary building facade fronting on a street. For corner parcels, maximum building length standards apply to both front and side facades.

Canopy shall mean a hood, awning, or shade overhanging a window, doorway, or niche.

Carport . See Garage, Private.

Check cashing and personal loan services shall mean businesses whose primary purpose is to provide limited financial services to individuals, such as check cashing and deferred deposit loans. This includes check cashers, payday advance businesses and other business regulated by the State of California's Check Casher Permit Program, per the California Civil Code, Section 1789. A check cashing use in conjunction with another use will be considered accessory to the use if the check cashing is not advertised outside the business premises or by signs visible from the outside of the building.

Commercial recreation includes recreational uses such as skating rinks, bowling alleys, arcades, paintball, children's playland, rock climbing, miniature golf and other similar establishments of an entertainment or amusement nature that are conducted within a building for commercial purposes.

Community care facility shall mean any facility, place or building which is maintained and operated to provide nonmedical residential care, including but not limited to family day care homes and residential care facilities.

Community garden shall mean a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Commercial marina shall mean a marina that contains recreational boat berthing facilities and attendant supporting services that are leased or rented. All commercial marinas in the C-2, C-M, M-1 and M-2 zones in operation with permits from the City as of July 1, 1988, shall be deemed conforming uses, but shall not be expanded or substantially changed without first obtaining a use permit.

Conditional space shall mean that portion of a residential structure, measured as floor area, which is defined as "conditioned space" by the California State Energy Regulations (i.e., all floor areas included in Title 24 calculations).

Conference center shall mean a facility designed to accommodate conventions, conferences, seminars, and/or entertainment activities.

Convenience store shall mean retail sales of food, beverage and small convenience items primarily for off-premises consumption and typically found in establishments with long or late hours of operation (including open between the hours of 10:00 a.m. and 7:00 p.m.) and/or within a building with a floor area of less than 5,000 square feet. This definition excludes tobacco stores, liquor stores, delicatessens, confectioneries and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh-cut meat, fish or poultry.

Day care center shall mean a non-residential business or institution that provides care for persons on less than a twenty-four (24) hour basis, that is licensed by the State of California, and includes nursery schools, preschools and day care centers for children or adults, but excludes smaller residential facilities conforming to the Family day care, Large and Family day care, Small definitions.

Day spa shall mean a facility which specializes in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations.

Deck shall mean a flat, uncovered platform constructed of wood, concrete, or any impervious material, extending at grade or elevated over yard areas or atop a structure.

Dormer shall mean an architectural projection built out from a sloping roof and typically houses a vertical window or ventilation louver. A dormer can be further defined by the type of roof on the projection itself, and includes the terms gable dormer, hip dormer, shed dormer (which is also known as a "monitor") and eyebrow dormer.

Drive-in shall mean a place of business laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their vehicles.

Drive-up kiosk window shall mean a small building or kiosk with a window or opening through which occupants of a motor vehicle receives or obtains a product or service.

Driveway shall mean a paved, or alternate all weather surface as approved by the City Engineer, that provides access from a publicly accessible travel way to parking and/or loading spaces that are located in conformance with subsection 30-7.8: Location of Parking Spaces and Prohibited Parking Area.

Dwelling, multiple-family shall mean a building designed and/or used to house three (3) or more families, living independently of each other.

Dwelling, one-family shall mean a detached building designed and intended for occupancy by one (1) family, and containing not more than one (1) kitchen.

Dwelling, two-family shall mean a building containing two (2) kitchens, designed and/or used to house not more than two (2) families living independently of each other.

Dwelling group shall mean two (2) or more detached one (1), two (2), or multiple family dwellings located upon a building site together with all open spaces as required by this chapter.

Dwelling unit shall mean a group of rooms, including a kitchen, bath and sleeping quarters, designed and intended for occupancy by one (1) family.

Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Family shall be defined as "One or more persons, related or unrelated, such as a group of employees, living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit."

Family day care home shall mean a community care facility for children which provides care for less than twenty-four (24) hours a day and which also serves as the residence of the operator.

Family day care, large shall mean the care and supervision of more than six (6) but less than fifteen (15) children in a provider's own home, on a less-than-twenty-four (24) hour basis and includes only those facilities licensed by the State of California, (but excludes smaller facilities that conform to the definition of "Family day care, Small" which may provide care for up to eight (8) children, if certain conditions are met). Large family day care homes are mid-scale operations, intended to provide service for a limited number of children in a residential setting, as prescribed by the State of California. Such limits to number of children are as follows, or as prescribed by changes to State code subsequent to May 6, 2004: A "Large family day care home"—H&SC 1596.78(b) provides family day care for seven (7) to twelve (12) children, and up to fourteen (14) children, if all the following conditions are met (H&SC 1597.465): a) at least two (2) of the children are at least six (6) years of age; b) No more than three (3) infants are cared for during any time when more than twelve (12) children are being cared for; c) The licensee notifies each parent that the facility is caring for two (2) additional school-age children at the time there may be up to thirteen (13) or fourteen (14) children in the home at one time; d) The licensee obtains written consent of the property owner when the family day care home is operated on the property that is leased or rented. These limits are inclusive of children under the age of ten (10) years who reside at the home.

Family day care, small shall mean the care and supervision of a very limited number of children in a provider's own home, on a less-than-twenty-four (24) hour basis and includes only those facilities licensed by the State of California, (but excludes larger facilities that conform to the definition of "Family day care, Large"). Such limits to number of children are as follows, or as prescribed by changes to State code subsequent to May 6, 2004: A "small family day care home"—H&SC 1596.78(c) is limited to six (6) children; but may serve up to eight (8) children, without an additional adult attendant, if all the following conditions are met (H&SC 1596.44): a) at least two (2) of the children are at least six (6) years of age; b) No more than two (2) infants are cared for during any time when more than six (6) children are being cared for; c) The licensee notifies each parent that the facility is caring for two (2) additional school-age children at the time there may be up to seven (7) or eight (8) children in the home at one time; d) The licensee obtains written consent of the property owner when the family day care home is operated on the property that is leased or rented. These limits are inclusive of children under the age of ten (10) years who reside at the home.

Funeral home shall mean a facility for human funeral services and the display of the deceased and rituals connected therewith before burial or cremation.

Garage, commercial shall mean a building, other than a private garage used for the parking, repair or servicing of motor vehicles.

Garage, parking shall mean a public garage designed and/or used on a commercial basis for the storage of vehicles only.

Garage, private shall mean an accessory building or portion of a building, designed and/or used only for the shelter or storage of vehicles by the occupants of the dwelling, including covered parking spaces or carports.

General plan shall be construed to mean the comprehensive, long range, general plan more particularly described as the "Outline Master Plan," adopted by the City Planning Board of the City of Alameda April 30, 1956, and any amendments which may be made subsequent thereto.

Grade, average shall mean the average level of the highest and lowest portion of the lot covered by a building, deck, portion of a deck, or a patio cover.

Grade, existing (adjacent ground elevation) shall mean the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five (5′) feet from the building, between the building and a line five (5′) feet from the building.

Grocery store shall mean:

1.

A facility which sells to the general public primarily groceries, vegetables, fruits, meats, poultry, fish, canned and cartoned goods, milk, juices, soft drinks and similar items, and other food stuff for preparation and consumption off of the premises, and toiletries and other items for personal or home use. A grocery store may sell packaged alcoholic beverages and includes the following types:

(a)

A facility five thousand (5,000) square feet or more in gross area.

(b)

A facility less than five thousand (5,000) square feet in gross area which is not open for business between the hours of 10:00 p.m. and before 7:00 a.m.; or

2.

A facility less than five thousand (5,000) square feet in gross area in which the chief item of sale is specialty items, such as fruits and vegetables, meats and fish, cheese, or coffee, for preparation and consumption off premises. This facility may sell related goods, such as cartoned and canned goods, milk, juices, soft drinks, toiletries and personal items incidental to its primary use, and is not open for business between the hours of 10:00 p.m. and 7:00 a.m.

Habitable Space shall mean a space in a structure for living, sleeping, eating or cooking, and that complies with the applicable A.B.C.'s minimum requirements for habitable space, which include but are not limited to requirements for insulation, heating, egress and minimum ceiling height. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

Hazardous materials processing shall mean one (1) or more activities to clean, repackage, or perform another industrial operation involving hazardous waste which is brought onto a site and reprocessed, with the end product sent off-site. This definition shall apply to businesses which have hazardous materials processing as the principal use, not to businesses which perform hazardous waste reduction as an ancillary activity.

Hazardous waste shall mean any hazardous waste, material, substance or combination of materials which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed; and which requires special handling under any present or future federal, state or local law. This excludes minimal quantities of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code, as amended from time to time. Hazardous waste shall include, but not be limited to: (a) substances that are toxic, corrosive, inflammable or ignitable; (b) petroleum products, crude oil or any fraction thereof and their derivatives; (c) explosives, asbestos, radioactive materials or related hazardous materials; and (d) substances defined by applicable local, state or federal law as hazardous substances, hazardous materials, reproductive toxins, or toxic substances.

Health clinic shall mean a facility whether public or private principally engaged in providing services for health maintenance, diagnosis, or treatment of human diseases, pain, or injury.

Hedge shall mean a boundary formed by shrubs or trees planted in a close row such that the foliage of each shrub or tree intermingles with the foliage of the adjacent shrubs or tree obscuring the main stem or trunk.

Height, building . See Building Height , this section.

Height, deck shall mean the vertical distance between existing average grade and the upper floor surface of a deck, calculated separately for each level of deck.

Height, patio cover shall mean the vertical distance between existing average grade and the highest point of the exterior roof surface of a patio cover.

Helicopter port shall mean land improved and intended to be used for the landing and taking off of helicopters or vertical flying aircraft.

Historic structure shall mean a building listed on the Historical Building Study List or one that was built before 1942.

Home occupation shall mean any use customarily carried on within a dwelling, rear or side yard areas, or accessory buildings, by the inhabitants thereof, and which use is incidental to the residential use of the dwelling and complies with the following standards:

1.

Is confined within the dwelling, and occupies not more than fifty (50%) percent of the floor space on one (1) floor; or, upon obtaining a Use Permit, as provided in subsection 30-21.3 hereof, in the rear or side yard, or accessory buildings thereof.

2.

Involves no sales or storage of merchandise other than that produced on the premises, and/or directly related to and incidental to the services offered.

3.

Is carried on by the members of the household occupying the dwelling with no more than one (1) other person employed.

4.

Produces no evidence of its existence beyond the premises, such as noise, smoke, odors, vibrations, etc., except for one (1) nonilluminated sign pertaining directly to the particular home occupation.

5.

That the conduct of the home occupation shall not create excessive automobile or truck traffic in the vicinity, and that the parking of commercial vehicles incidental to the home occupation shall be permitted upon the premises only in enclosed structures.

Hotel shall mean any building or portion thereof containing six (6) or more guest rooms used, or intended, or designed to be used, let or hired out to be occupied by six (6) or more paying guests.

Houseboat shall mean a boat that is used for a residential or other nonwater oriented purpose that is not capable of being used for active navigation. (Note: Houseboats are not permitted outside of commercial marinas designated for houseboat berthing. A houseboat is equivalent to a floating home as defined in subsection 13-38.5 of the Alameda Municipal Code, and is subject to the regulations set therein. Houseboats are also subject to the requirements of Article XIV of Chapter XIII of the Alameda Municipal Code.)

Industrial, heavy shall mean an establishment or activity that includes research and development, manufacture, fabrication, or processing of any article, substance, or commodity and includes storage areas, truck access and loading areas, warehouses, and other similar activities and facilities that may produce off-site external effects such as smoke, noise, odor, vibration.

Industrial, light shall mean an establishment or activity conducted primarily within an enclosed building that includes research and development, manufacture, fabrication, or processing of any article, substance, or commodity and includes storage areas, truck access and loading areas, warehouses, and other similar activities and facilities that do not produce off-site external effects such as smoke, noise, odor, vibration.

Key lot shall mean a lot whose side property line abuts the rear property line of a corner lot that fronts on a street which intersects with the street on which the key lot fronts.

Landing shall mean a platform that is part of a staircase.

Large format retail shall mean a single stand-alone store or collection of retail uses, developed and or managed within a single building or shopping center which individually or cumulatively include over thirty thousand (30,000) square feet of retail sales floor area.

Liquor store shall mean any establishment primarily selling packaged alcoholic beverages, in unopened containers.

Live aboard shall mean a boat that is not a transient boat, that is capable of being used for active self-propelled navigation, and that is occupied as a residence, as defined in California Government Code Section 244. (Note: Live aboard boats are not permitted outside of commercial marinas.)

Living quarters shall mean any combination of habitable rooms that includes cooking facilities and is designed for occupancy as a dwelling unit. Loading area shall mean a permanent usable space not less than ten by forty (10′ x 40′) feet in size for the parking, loading and unloading of trucks or other commercial vehicles.

Lot shall mean either:

1.

A parcel of real property when shown as a delineated parcel of land with a number or other designation on a plat recorded in the office of the County Recorder prior to November 20,1956; or

2.

A parcel of land the dimensions of which are defined by a record of survey or tract or parcel map recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the office of the County Recorder; or

3.

A parcel of real property not delineated as in subparagraph 1. or 2. and containing not less than the prescribed minimum requirements of a building site;

4.

A parcel of real property as defined in subparagraph 3. and bisected by a lot line(s) of a parcel(s) delineated pursuant to subparagraphs 1. or 2., the Title to which, with or without encumbrances, is unified; or

5.

A lot of record;

6.

"Lot" shall not include a unit of a condominium as defined in the general law;

7.

The above definitions are mutually exclusive: Subparagraphs 3. and 4. shall not apply when their application would create an adjacent substandard parcel.

Lot, corner shall mean a lot located at the junction of two (2) or more intersecting streets, with a boundary line thereof bordering on two (2) or more of such streets. The shortest such street frontage shall constitute the front of the lot. The front of a square corner lot shall be determined by the lot pattern of the block in which such lot is located.

Lot of record shall mean land designated as a separate parcel on a plat, map or deed in the records of the Alameda County Recorder on or before the effective date of this chapter.

Lot width shall mean the distance between side lot lines measured at the front yard building line.

Main Building(s) shall mean a building, or buildings, which typically contains the principal use(s) of any lot. There may be more than one (1) main building on a lot.

Maritime workplace shall mean an establishment or activity required for the support of, or commonly associated with, the construction, repair, operation, storage, loading, and unloading of boats, waterfront dock and port facilities, marinas, navigational aids, boat fuel and equipment supply, ground level parking incidental to such uses, and other activities the primary purpose of which is to facilitate maritime activity and trade.

Mortuary shall mean a facility for the storage and preparation of the human dead for burial or cremation. A mortuary may include funeral homes.

Motel shall mean a group of attached or detached bedroom and bath units without kitchens, and with individual outside entrances, which are designed and used for transient occupancy.

Motor truck terminal shall mean a facility which serves (including parking, storage, servicing, repairing, overhauling, loading or unloading) at any one time, more than ten (10) truck units of four (4) axles or more (a "truck unit" being a tractor-semitrailer regularly operated as a single unit), or a truck and trailer operated as a single unit).

Multiple house shall mean a residential building used as condominium units, planned development units, stock cooperative, a limited equity cooperative or other real estate development as those terms are defined in Division 2, Title 7 of the Government Code or in the Civil Code of the State of California.

Multiple screen theatre is a theatre designed for the exhibition of movies that contains two (2) or more auditoriums or separate rooms for the display of movies.

Museum shall mean an establishment or activity serving as a repository for a collection of natural, scientific, historical, or literary objects, and works of art arranged, intended and designed to be used by members of the public for viewing with or without admission charge.

Nonconforming building shall mean a building or structure or portion thereof which was designed, and erected or structurally altered prior to the effective date of these regulations or any subsequent amendments thereto for a use which does not conform to the use regulations of the district in which it is located.

Nonconforming use shall mean a use which occupies a building or open land, and which does not comply with the use regulations of the district in which it was located prior to the effective date of these regulations, or any subsequent amendments thereto.

Offices, business and professional shall mean offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, real estate, insurance, investment, legal, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks, savings and loan and check cashing uses.

Outdoor advertising shall mean any sign or device of any kind or character whatsoever, designed to advertise or attract attention to any product or enterprise placed for outdoor advertising purposes; on the ground, on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term placed as used in the definitions of "outdoor advertising" and "outdoor advertising structure" shall mean and include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or to make visible in any manner whatsoever.

Outdoor advertising structure shall mean any structure of any kind or character erected, maintained or used for outdoor advertising purposes, upon which any outdoor advertising is or may be placed, including also outdoor advertising statuary.

Parking lot shall mean an area of land which is accessible and usable for the off-street parking of motor vehicles.

Parking space shall mean an area designed for the parking of a single motor vehicle, conforming to the requirements of this article.

Parking, tandem shall mean any parking space which partially or wholly occupies the driveway or backup area for another parking space.

Parking, unenclosed shall mean any parking space with or without a roof which is less than seventy-five (75%) percent enclosed by walls.

Patio structure shall mean a one (1) story structure unenclosed by walls on and partially or fully roofed, including but not limited to sunshades, trellises, pergolas, gazebos, and lath houses, which may be attached to or detached from the main building or accessory building. The definition of patio structure excludes structures partially or fully enclosed by solid walls and/or glazing, such as sunrooms or greenhouses. For the purpose of this definition, the walls of adjoining main and/or accessory building(s) shall not be considered as having "enclosed" the patio structure, providing that such walls do not constitute a) more than two (2) of the four (4) sides of the patio structure and b) more than fifty (50%) percent of the patio structure's perimeter.

Porch shall mean an appendage of a structure generally at its entrance, partially enclosed by walls and/or columns and generally covered by a roof, which provides transition from exterior to interior spaces; it may be screened or glass enclosed.

Psychic services shall mean businesses or establishments which provide psychic services, which include but are not limited to the practices of: astrology, palmistry, phrenology, life-reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal-gazing, mediumship, prophesy, augury, divination, mind reading or necromancy.

Residential care facility shall mean a community care facility which provides care on a twenty-four (24) hour basis.

Restaurant shall mean a use which provides food and/or beverages primarily for on-site consumption including full-service restaurants and small self-service restaurants. Restaurant uses shall include a commercial kitchen.

Restaurant, fast food and drive-through shall mean businesses that offer quick food service which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried or griddled quickly. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.

Senior housing shall mean a residential unit reserved for households where at least one (1) member of the household is over sixty-two (62) years of age. A deed restriction permanently limiting occupancy to such senior households, in a form acceptable to the Planning Director and City Attorney, shall be recorded for the property with the County Recorder's office.

Servants quarters shall mean a secondary dwelling or apartment without separate kitchen facilities designed for and used only by persons or the families of persons regularly employed on the property.

Service station shall mean a retail business establishment supplying only gasoline and oil, and minor accessories and services for automobiles.

Setback line shall mean a line established by this chapter to govern the placement of buildings with respect to streets and alleys.

Shared living means a residential building, or portion thereof, other than a hotel that provides private living quarters without private, independent kitchen facilities. A shared common kitchen and common activity area may be provided. Shared living also include single room occupancy (SRO) units, which provide housing for very low-income persons that typically consist of a single room with access to a shared bath. Shared living may be restricted to seniors or be available to persons of all ages.

Sign shall mean any object, device, display, or structure, or part thereof, situated either outdoors, or indoors in such a manner as to be primarily viewed from the outside, which is used to advertise, identify, display, direct, or attract attention to a business, organization, institution, service, event, object, product or location by any means including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term "sign" shall include any structure which is erected or used for sign purposes, upon which the sign is placed including sign statuary, or which was once used for signage.

Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six (6′) feet above grade, as defined in the Alameda Building Code, for more than fifty (50%) percent of the total perimeter or is more than twelve (12′) feet above grade, as defined in the Alameda Building Code, at any point, such usable or unused under floor space shall be considered as a story.

Street shall mean a public or permanent private way forty (40′) feet or more in width which affords a primary means of access to abutting property.

Street frontage shall mean the portion of a lot that abuts on a street.

Structural alterations shall mean any change in the supporting members of a building, such as foundation, bearing walls, columns, beams or girders and floor joists, ceiling joists of roof rafters.

Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner.

Sunroom shall mean a non-habitable area attached to a main building that is enclosed with glazing, and is primarily used for recreational and outdoor living purposes.

Super store means a single retail store or tenant that exceeds ninety thousand (90,000) square feet in size and includes ten (10%) percent or more sales floor area devoted to non-taxable merchandise.

Supportive housing means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Tavern shall mean a use which provides food and/or beverages primarily for on-site consumption including the sale of alcoholic beverages. Tavern uses shall include a commercial kitchen.

Theatre includes movie and live theatres and other structures designed for public exhibitions but, as to movie theatres, does not include a multiple screen theatre.

Tobacco and tobacco products stores shall mean businesses devoted primarily to the sale of tobacco products, as defined by (a) devoting twenty (20%) percent or more of total floor area or display area to or (b) deriving seventy-five (75%) percent or more of gross sales receipts from, the sale or exchange or tobacco-related products.

Transient boat shall mean a boat that is anchored in the City for a period of seventy-two (72) hours or less at a time, and for a total of no more than seven (7) days per year.

Transitional housing and transitional housing development mean rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

Utilities, large shall mean facilities and infrastructure for the delivery of energy, water, sewer, gas, and communications to the city, such as one hundred fifteen (115) kv power transmission lines, electrical substations and power plants, wastewater treatment facilities.

Utilities, small shall mean facilities and infrastructure for the delivery of energy, water, sewer, gas, and communications to the block, neighbor hood, or district, such as wastewater pump stations, hydrants, switching boxes, transformers, and other facilities and structures typically located in the public right-of-way.

Variance shall mean an exception to the provisions of this chapter granted pursuant to Section 30-21 herein that does not alter the use of property or increase the density of the use of the property to an intensity permitted by a different zoning district than that in which the property is located.

Work/live studio shall mean a commercial or industrial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for industrial or commercial occupancy and providing:

1.

Adequate working space reserved for commercial or industrial use and regularly used for such purpose by one (1) or more persons residing in the studio;

2.

Living space as defined in subsection 30-15.3.a. and in accordance with the provisions of this section.

Yard, front shall mean a yard extending across the full width of the lot measured between the front property line (or the lot line connected to a street by legal access) and the nearest point of the wall of a building or enclosed or covered porch on such lot. The front yard of a corner lot is the yard adjacent to the shorter street frontage of such lots.

Yard, minimum required shall mean the minimum depth, as prescribed for a particular zoning district, of the area of land between a main building and the property's perimeter, and which must remain free of structures and unobstructed from the ground to sky except for such exceptions and encroachments as may be permitted by this article which include, but are not limited to, allowances to permit accessory buildings, patio structures and roof eaves.

Yard, rear shall mean a yard extending across the full width of the lot measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot.

Yards shall mean land surrounding a building site unoccupied or unobstructed, except for such encroachments as may be permitted by this article.

Yard, side shall mean a yard on either side of the lot extending from the front line of the main building or enclosed or covered porch to the rear line of the main building or enclosed or covered porch, the width of each yard being measured between the side line of the lot and the nearest part of the main building or enclosed or covered porch.

(Ord. No. 535 N.S. §§ 11-121—11-1247; Ord. No. 1277 N.S.; Ord. No. 1295 N.S.; Ord. No. 1310 N.S.; Ord. No. 1578 N.S.; Ord. No. 1729 N.S.; Ord. No. 1749 N.S.; Ord. No. 1792 N.S.; Ord. No. 1999 N.S.; Ord. No. 2064 N.S.; Ord. No. 2201 N.S.; Ord. No. 2241 N.S.; Ord. No. 2267 N.S.; Ord. No. 2363 N.S.; Ord. No. 2375 N.S.; Ord. No. 2407 N.S. §§ 1—5, 10; Ord. No. 2428 N.S. § 1; Ord. No. 2487 N.S., § 4; Ord. No. 2511 N.S., § 2; Ord. No. 2700 N.S. § 1; Ord. No. 2722 N.S. § 11; Ord. No. 2727 N.S. § 1; Ord. No. 2784 N.S. § 1; Ord. No. 2850 N.S. § 2; Ord. No. 2920 N.S. § 1; Ord. No. 2937 N.S. § 1; Ord. No. 2938 N.S. § 1; Ord. No. 2943 N.S. §§ 1, 2; Ord. No. 2944 N.S. § 1; Ord. No. 2979 N.S. § 1; Ord. No. 2984 N.S. § 1)

(Ord. No. 3054 N.S., § 1, 7-17-2012; Ord. No. 3072 N.S., § 1, 5-7-2013; Ord. No. 3077 N.S., § 1, 7-23-2013; Ord. No. 3111 N.S., § 1, 10-7-2014; Ord. No. 3168 N.S., § 1, 11-15-2016; Ord. No. 3183 N.S., § 1, 7-5-2017; Ord. No. 3184 N.S., § 1, 7-5-2017)