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A. "A" Terms.

1. Abatement. City proceedings to terminate, modify, or condition an unlawful use or structure.

2. Abutting Lot. See Lot, Abutting.

3. Accessory Building. See Building, Accessory.

4. Accessory Dwelling Unit. An attached or detached secondary dwelling unit that is located on the same lot as a proposed or existing single family dwelling, duplex, multi-family dwelling use, or group living accommodation and provides independent living facilities for one or more persons. An ADU must comply with local building, housing, safety and other code requirements, except as expressly modified in Chapter 23.306, and provide the following features independent of other dwelling units on the lot: Exterior or independent access to the ADU, living and sleeping quarters, a full kitchen, and a full bathroom. An ADU also includes the following: (a) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or (b) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(a) Junior Accessory Dwelling Unit (Junior ADU). A unit that is contained entirely within the walls of an existing or proposed single family dwelling, or a single family dwelling unit’s attached garage. A Junior ADU must include a separate exterior entrance and, at minimum, an efficiency kitchen. A Junior ADU may include separate sanitation facilities or may share sanitary facilities with a single family dwelling.

5. Accessory Structure. See Structure, Accessory.

6. Accessory Use. See Use, Accessory.

7. Addition. The creation of any new portion of a building which results in a vertical or horizontal extension of the building, or results in any new gross floor area that was not present in the building before construction of the addition. Includes the creation of a mezzanine or loft, or a conversion of a previously unused attic or underfloor space to usable floor area.

8. Addition, Residential. The creation of any new portion of a main building which results in a vertical or horizontal extension of the building, or results in additional residential gross floor area to an existing main building, as long as such new gross floor area does not exceed 15 percent of the lot area or 600 square feet, whichever is less. For purposes of this definition gross floor area does not include:

(a) Additions of gross floor area devoted to required off-street parking spaces, creation of mezzanines or lofts within the building’s shell;

(b) Making previously unusable attics into habitable floor area (except where new areas with vertical clearance of 6 feet or greater are created through expansions of the building shell);

(c) Excavations of earth within the existing building footprint (i.e. expansion of existing basements or new basements), or

(d) Replacement of existing floor area that was lawfully constructed and is located entirely within the addition’s shell.

(e) The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot.

9. Addition, Major Residential.

(a) A residential addition greater than 15 percent of the lot area or 600 square feet. Floor area from all residential additions since October 31, 1991, with the exception of:

i. Additions that are entirely subsumed within previously existing floor area; and

ii. The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot.

(b) The floor area of subsequent stories where the addition does not exceed the district residential addition height limit, shall count towards the calculation of gross floor area for the purposes of this definition.

(c) Any new floor area, except as exempted under (9)(a), shall be treated as a new major residential addition for the purpose of permit processing, when the cumulative square footage exceeds 15 percent of the lot area or 600 square feet, whichever is less.

10. Adult-oriented Businesses. Any business operated at a fixed location by whatever name, which appeals to prurient interests, sexual titillations, appetites, fantasies or curiosities. This use includes businesses which:

(a) Predominantly exhibit, offer for sale or engage in the sale or distribution of publications, personal services, films, videotapes, devices, products or materials, which appeal to a prurient interest or sexual appetite of the purchases or user;

(b) Engage in the showing of motion pictures or videotapes in which sexual activity, including, but not limited to, intercourse, sodomy, oral copulation, masturbation, bestiality or any other form of sexual gratification, is the primary and recurring theme;

(c) Engage in the presentation of live adult entertainment in which the actors or performers simulate or engage in sexual activity, including, but not limited to, intercourse, sodomy, oral copulation, masturbation, bestiality or suggestive body movements connoting such acts, with or without another actor, patron or spectator, such showing appealing to a prurient interest or sexual appetite of the spectator;

(d) Engage in massage service, except when made in conjunction with professional services provided by the following persons holding unrevoked licenses or certificates:

i. Chiropractors governed under provisions of California State law;

ii. Medical practitioners practicing under the provisions of the California State Medical Practice Act;

iii. Physical therapists practicing under the provisions of the California Physical Therapy Practice Act;

iv. Nurses practicing under the provisions of the California Nursing Practice Act or the California Vocational Nursing Practice Act;

v. Psychologists practicing under the provisions of the California Psychology Licensing Law;

vi. Osteopaths practicing under the provisions of the California Osteopathic Act;

vii. Persons working under the direct and immediate supervision of any persons certified as set forth in Sections i--vi above.

(e) Provide dating or escort services;

(f) Specialize in providing models who pose for photographing, drawing or other representative renditions, which modeling appeals to a prurient interest or sexual appetite;

(g) Engage in encounter, rap or counseling services which appeal to a prurient interest or sexual appetite;

(h) Engage in providing nude, bottomless or topless dance partners;

(i) Use nude, bottomless or topless entertainers, or use nude, bottomless or topless employees to attend to or service tables, bars or patrons or which allow nude, bottomless or topless entertainers or employees to be seen by members of the public or patrons of the business;

(j) Engage in providing sauna baths, water baths, showers, steam rooms or steam baths or any other body cleansing or toning arrangement wherein an attendant, clothed or nude, accompanies the customer for the purpose of talking, touching or appealing to the customer’s prurient interest or sexual appetite; or

(k) Engage in the reading of, or providing of tapes or records for listening to, erotic literature which appeals to the prurient interest or sexual fantasies of customers.

11. Alcoholic Beverage Retail Sales. The retail sale of beverages containing alcohol for off-site consumption subject to regulation by the State Department of Alcoholic Beverage Control (ABC) as an off-sale establishment. This use includes liquor stores and wine shops and sale of alcoholic beverages for off-site consumption at restaurants.

12. Alcoholic Beverage Service. The retail sale of beverages containing alcohol for on-site consumption subject to regulation by the State Department of Alcoholic Beverage Control ABC as an on-sale establishment.

13. Alley. A public right-of-way which affords only a secondary means of access for vehicles to any abutting property.

14. Alteration. See Structural Alteration.

15. Alternative Fuel Station. Any establishment that dispenses alternative fuel as defined by the Energy Policy Act of 2005.

16. Amusement Device. Any machine or device which may be operated for use as a game, contest or amusement upon the insertion of a coin, slug, or token in any slot or receptacle attached or connected to such machine, and which does not contain a payoff device for the return of slugs, money, coins, checks, tokens or merchandise.

17. Amusement Device Arcade. A type of commercial recreation center which contains amusement devices in more than 25 percent of the net floor area of the primary use. An amusement device arcade is a type of commercial recreation center irrespective of whether the amusement devices are the principal commercial activity of the establishment.

18. Ancillary Use. See Use, Ancillary.

19. Application. A written application for issuance of any permit.

20. Approval. Approval of any permit.

21. Appraiser, Certified. A person certified by the State of California Office of Real Estate Appraisers to estimate the value of a particular real property.

22. Art/Craft Studio. An establishment engaged in the creation of art or crafts that requires artistic skill. Such an establishment may participate in periodic open studios, but otherwise is subject to the applicable zoning district’s requirements for incidental sales of goods made on site. Art/craft studios also include rehearsal spaces not designed for public performances. Examples of individuals typically engaged in this work include woodworkers, potters/ceramicists, costume makers, set designers, stained-glass makers, glassblowers, textile artists and weavers, jewelry makers, painters, fine art printmakers, photographers/filmmakers, leather workers, metal workers, musical instrument makers, model makers, papermakers, installation artists, sculptors, video artists, and other makers of art and crafts that the Zoning Officer determines to be consistent with this definition. The use of computers in an activity does not by itself prevent its classification as an art/craft studio. This use excludes architectural and landscape services, industrial or graphic design services, computer systems design services, and other commercial activities normally conducted in an office environment.

23. Artist Studio. A detached accessory building, used by residents of a main dwelling unit on the same lot, to create original works of art and crafts products, but not for living quarters or sleeping purposes.

24. Attic. The area located between the ceiling of the top story of a building and the building’s roof and not usable as habitable or commercial space.

25. Automatic Teller Machine (ATM). An unstaffed machine which processes deposits, withdrawals and transfers of funds of customers of a bank, credit union, savings and loan association or other financial service or network.

26. Automobile Use. Any commercial establishment which sells, rents, repairs, services, paints and/or conducts bodywork on automobiles, trucks or other motor driven vehicles (excepting motorcycles) on the premises.

B. "B" Terms.

1. Bakery.

(a) An establishment which engages primarily in the sale of breads or other baked goods, whether baked on-site or at another location. A bakery is not be considered a food service establishment if:

i. No customer seating or other physical accommodations for on-site dining are provided; and

ii. The breads and baked goods are not packaged for immediate consumption.

(b) Any establishment whose breads and baked goods are predominantly sold at retail from a different location or locations are deemed a wholesale and/or manufacturing use, subject to the regulations of the district in which it is located.

2. Balcony. A horizontal platform extending from the exterior wall of a building, accessible from the building’s interior, and not directly accessible from the ground. A balcony is typically not covered by a roof or building overhang or enclosed on more than two sides by walls. However, railings shall not be considered enclosures.

3. Banks and Financial Services, Retail. An office, open to the public, offering teller or counter financial services including either cash, checking and/or savings account transactions or some combination of these services. This use includes banks, savings and loans, and credit unions providing these services on site, and excludes non-chartered financial institutions.

4. Bar/Cocktail Lounge/Tavern/Tap Room/Wine Tasting. A business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is incidental to the consumption of such beverages.

5. Basement. The lowest usable space of a building, between the floor and the ceiling, for non-habitable use such as, but not limited to, garage or storage use.

6. Bay Window. A portion of a building cantilevered so as to project out from a wall and containing windows which cover at least 50% of the projection’s surface.

7. Bed and Breakfast Establishment (B&B). A single residential property containing no more than a total of three sleeping rooms or dwelling units that are offered for rent at any given time, which is the primary residence of the owner and in which rooms or units are rented out to persons who occupy them for periods not exceeding 14 days in any month.

8. Bedroom. Any habitable space in a dwelling unit or habitable accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping with a door that closes the room off from other common space such as living and kitchen areas that is at least 70 square feet in area, exclusive of closets and other appurtenant space, and meets Building Code standards for egress, light and ventilation. A room identified as a den, library, study, loft, dining room, or other extra room that satisfies this definition will be considered a bedroom for the purposes of applying this requirement. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

9. Block. An area designated on an official map of the City, which is bounded on all sides by the public right-of-way, a railroad right-of-way, private streets or a boundary line of unsubdivided acreage or any combination thereof.

10. Boarding House. A building used for residential purposes, other than a hotel, where lodging and meals for five or more persons, who are not living as a household, are provided for compensation, whether direct or indirect. In determining the number of persons lodging in a boarding house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent.

11. Building. An enclosed structure having a roof and supported by columns or walls. See Figure 23.502-1 and Figure 23.502-2.

(a) Accessory Building. A detached building containing habitable space, which is smaller in size than the main building on the same lot, and the use of which is incidental to the primary use of the lot.

(b) Main Building. A building which is designed for, or in which is conducted, the primary use of the lot on which it is situated. In any residential district any dwelling, except an accessory dwelling unit, is the main building on the lot.

Figure 23.502-1. COMMERCIAL BUILDING

Figure 23.502-2. RESIDENTIAL BUILDING

12. Building Separation. See 23.106.080 (Building Separation).

13. Building Site Area. Same as lot area.

14. Bus/Cab/Truck/Public Utility Depot. A facility providing transportation operations for passengers and/or freight. Includes bus terminals and rail stations; facilities for transfer and movement of freight, courier, and postal services by truck or rail; and passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles.

15. Business Activity. Any activity subject to Municipal Code Chapter 9.04 and any economic activity which generates receipts but is exempt from Municipal Code Chapter 9.04 by state or federal law.

16. Business Support Services. An establishment providing goods and services to other businesses and residents, including maintenance, repair and service, testing, and rental. Permitted services for this use are limited to photocopying, desktop publishing, microfilm recording, slide duplicating, bulk mailing, parcel shipping, parcel labeling, packaging, messenger and delivery/courier, sign painting, lettering, and building maintenance.

C. "C" Terms.

1. Cafeteria, On-Site. A food service establishment intended primarily for use by employees or residents working or living at the same location, or for use by patients and/or visitors and restricted from use by the general public.

2. Cannabis Retailer. See 12.21.020 (Definitions).

3. Cannabis Uses. Includes retail sales, cultivation, manufacturing, testing, and distributing. See Municipal Code Chapters 12.21, and 12.22 for cannabis regulations and Chapter 23.320 for land use regulations.

4. Carport. A roofed structure for one or more automobiles which is enclosed by not more than two walls.

5. Cemetery/Crematory/Mausoleum. An establishment primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including crematories, mausoleums, burial places, and memorial gardens.

6. Chair Massage. Massage given in a public, open setting to a person who is fully clothed and sitting upright on a professional bodywork seat, a stool, or office seat, wheelchair, or other chair-like device.

7. Change of Use. Any change in the nature or character of the use of a building or structure.

(a) A residential change of use includes, but is not limited to, the elimination of any dwelling unit, the reduction in the floor area or habitability of a dwelling unit, or the reduction in the floor area or habitability of bedroom or sleeping quarters in a group living accommodation or residential hotel, when a new use is to replace a previous use. A residential change of use does not include the establishment of a home occupation in compliance with this chapter.

(b) A commercial change of use includes a change to a different category of commercial or manufacturing use, but does not include changes between uses that are classified in the same category of commercial or manufacturing use.

8. Child Care Center. A state-licensed facility providing day care for children. This use includes nursery schools, day nurseries, infant day care centers, and cooperative day care centers, and excludes family day care homes.

9. Circus or Carnival. A commercial facility or event for public entertainment, typically held outdoors, with performances, rides, games, exhibitions, and other similar activities for paying customers. May be temporary or permanent.

10. Club/Lodge. A building occupied by a group of persons organized for a purpose to pursue common goals, activities or interests, usually characterized by certain membership qualifications, payment of fees or dues, regular meetings and a constitution or by-laws.

11. City. The City of Berkeley.

12. Columbaria. A structure of vaults lined with recesses for cinerary urns or storage of cinerary remains.

13. Commercial Districts. The districts listed under the Commercial Districts heading in Table 23.108-1: Zoning Districts.

14. Commercial Excavation. The commercial excavation of earth, gravel, minerals, or other building materials, including drilling for, or removal of, oil or natural gas.

15. Commercial Recreation Center. Any establishment other than a theater at which recreation facilities are offered or amusement devices provided to the public as a principal commercial activity of such establishment. This use includes bingo parlors, bowling alleys, skating rinks, billiard or pool halls, miniature golf courses. Amusement device arcades are a separately defined types of commercial recreation center with their own permit requirements.

16. Commercial Use. The categories of commercial uses of a property include retail products store, personal/household service, food service establishment, entertainment establishment, office, tourist hotel, automobile uses, live/work units, mixed use development, wholesale use, parking lot and any use listed as a sub-category of the above uses; or any other use determined to be a business activity (except home occupations), as these terms are defined in this chapter.

17. Community Care Facility. A state-licensed facility for the non-medical care and supervision of children, adolescents, adults or elderly persons. This use includes community care facilities as defined in California Health and Safety Code (H&SC) Section 1500 et seq, residential care facilities for the elderly (H&SC Section 1569 et seq.), facilities for the mentally disordered or otherwise handicapped (California Welfare and Institutions Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11834.02), and other similar facilities. This use excludes medical care institutions, skilled nursing facilities, nursing homes, foster homes, family day care homes, child care facilities, supportive housing, and transitional housing.

18. Community Center. A noncommercial facility where the public can meet for social, educational, or recreational activities.

19. Community and Institutional Use. The categories of community and institutional uses of a property including, but not limited to, religious assembly uses, clubs/lodges, community centers, hospitals, schools, public uses and utility uses, as these terms are defined in this chapter.

20. Condition. A requirement attached to a permit or entitlement, the satisfaction of which is necessary for the validity and effectiveness of the permit or entitlement.

21. Condominium. An estate in real property consisting of an undivided interest-in-common in a portion of a lot of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

22. Controlled Rental Unit. Any dwelling unit, live/work unit, bedroom or sleeping quarters portion of a group living accommodation or other unit that is subject to the City’s Rent Stabilization Ordinance (Municipal Code Chapter 13.76).

23. Construction. The placing of construction materials and their fastening in a permanent manner to the ground or a structure or building for the purpose of creating or altering a structure or building, or excavation of a basement.

24. Contractors Yard. A storage facility for any person who contracts to undertake and complete a construction project or a discrete part of a construction project, including all persons defined as contractors and subject to Division 3, Chapter 9 of the State of California Business and Professions Code.

25. Conversion, Residential. The physical change of the floor area and/or walls of a building that is used for dwelling unit, group living accommodation or residential hotel room purposes, so as to change the number of dwelling units, sleeping rooms or residential hotel rooms, or reduce the floor area and/or habitable space of any residential living quarters.

26. Craft. An occupation, avocation or trade requiring special manual dexterity or artistic skill in the creation of a product.

D. “D” Terms.

1. Deck. An unenclosed structure, usually made of wood, built to provide a solid continuous surface for outdoor use and/or access to a door, which is accessible from the ground level, directly or from a connecting stairway and is separated from the ground by an air space.

2. Demolition. A building or enclosed structure shall be considered demolished for the purposes of this chapter when, within any continuous 12-month period, such building or enclosed structure is destroyed in whole or in part or is relocated from one lot to another. For purposes of this definition, destroyed in part means when 50 percent or more of the enclosing exterior walls and 50 percent or more of the roof are removed. Removal of facades or portions of facades requires Design Review.

3. Density. See 23.106.100 - Residential Density

4. Density Bonus. See 23.332.020 (Definitions).

5. Department. The Planning and Development Department of the City of Berkeley or its successor administrative unit.

6. Department Store. A retail store selling several kinds of merchandise, which are usually grouped into separate sections, including but not limited to, apparel, housewares, household hardware, household appliances, household electronics and gifts.

7. Dormer. A projection built out from a sloping roof, usually housing a vertical window or ventilating louver. See also 23.304.110 (Dormers).

8. Dormitory. A building providing group living accommodations, occupied by individuals not sharing a common household, characterized by separate sleeping rooms without individual kitchen facilities and containing congregate bath and/or dining facilities or rooms.

9. Drive-in Uses. A use where a customer is permitted or encouraged, either by the design of physical facilities or by the service and/or packaging procedures offered, to be served while remaining seated within an automobile. This use includes drive-through food service establishments, financial services (banks), and automatic carwashes.

10. Driveway. A paved, vehicular accessway connecting an off-street parking space or parking lot with a public or private street.

11. Drug Paraphernalia. As defined in California Health and Safety Code Section 11364.5(d).

12. Drugstore. A retail establishment where the profession of pharmacy is practiced and/or where licensed prescription drugs and general merchandise are offered for sale. A food products store with a pharmacy is not a drugstore.

13. Dry Cleaning and Laundry Plants. A place where clothes are dry cleaned, dyed and/or laundered as part of a commercial business, whether or not such clothes were deposited by a customer at that location, or transported from another location, as part of a service. This use includes all establishments subject to Section 19233 of the State of California Business and Professions Code, regulating Dry Cleaning Plants, but excludes laundromats and cleaners as defined in this chapter.

14. Duplex. A building or use of a lot designed for, or occupied exclusively by, two households.

15. Dwelling Unit. A building or portion of a building designed for, or occupied exclusively by, persons living as one household.

E. "E" Terms.

1. Efficiency Kitchen. A cooking facility with appliances (e.g. microwave, toaster, oven, hot plate), and food preparation counter space and cabinets.

2. Electric Vehicle Charging Station. A facility that supplies electric energy for the recharging of plug-in electric vehicles.

3. Emergency Shelter. Temporary lodging for homeless persons with minimal supportive services that may include 24-hour services and may be limited to occupancy of six months or less as defined in Health and Safety Code Section 50801(e)).

4. Enhanced Transit Service. Any facility that will result in the improved operational performance of bus and/or shuttle service, as well as improvements that will encourage the use of transit and make transit service more compatible with downtown’s activities and appearance. Improvements for enhanced transit services include but are not limited to: "complete streets" to enhance pedestrian and bicycle routes to transit; transit signal priority; queue jump lanes and left turn signal phasing; bus shelters and raised bus platforms; bus curb extensions and concrete bus pads; transit pre-pay fare vending machines; bus layover facilities; transit plazas and bus stop amenities; bicycle parking and bicycle rental facilities near transit; and street improvements that mitigate the impact of transit operations on pedestrians and bicyclists.

5. Entertainment Establishment. A permanent establishment which includes live performances and/or patron dancing. This use includes cabarets, nightclubs, dance halls, and discotheques.

F. "F" Terms.

1. Facade. Those portions of a building, including exterior walls, porches, chimneys, balconies, parapets and roof portions, which are visible from a public right-of-way or an adjacent building.

2. Family. See Household.

3. Family Day Care Home. An establishment providing day care for 14 or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care home is considered an activity allowed as part of residential use in any zoning district in which residential uses are either permitted or conditionally permitted.

(a) Small Family Day Care Home. A family day care home for eight or fewer children, including children who live at the home.

(b) Large Family Day Care Home. A family day care home for nine to fourteen children, including children who live at the home.

4. Fence. A structure made of wood, metal, masonry or other material forming a physical barrier which supports no load other than its own weight, or a hedge, which is designed to delineate, screen or enclose a lot, yard, open space area or other land area.

5. Firearm/Munitions Businesses. Any establishment which sells, transfers, leases or offers for sale, transfer or lease any gun, ammunition, munitions, gun powder, bullets, ordnance, or other firearm or firearm parts or supplies.

6. Floor Area, Gross. See 23.106.030--Floor Area, Gross.

7. Floor Area, Gross Residential. See 23.106.035 – Floor Area, Gross Residential.

8. Floor Area, Leasable. See 23.106.040– Floor Area, Leasable.

9. Floor Area Ratio (FAR). See 23.106.050– Floor Area Ratio.

10. Food Product Store. A retail products store selling foods primarily intended to be taken to another location to be prepared and consumed, and the incidental preparation of food or beverages for immediate consumption off the premises.

11. Food and Beverage for Immediate Consumption. The sale of food or non-alcoholic beverages for immediate consumption not on the premises.

12. Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises.

13. Fraternity House. A building used for group living accommodations by an organization recognized by the University of California at Berkeley or other institution of higher learning.

14. Front Wall. The wall of the building nearest the front lot line.

G. "G" Terms.

1. Garage, Residential. A detached accessory structure or portion of a primary building, covered or roofed and enclosed on at least three sides with walls, used for off-street parking by members of the households residing on the premises.

2. Gasoline/Vehicle Fuel Stations. An establishment that dispenses gasoline, diesel or other similar fuel into vehicles. Excludes alternative fuel stations and electric vehicle charging stations.

3. General Plan. The City of Berkeley General Plan adopted pursuant to Government Code Section 65300 et seq.

4. Gift/Novelty Shop. A store selling small manufactured articles usually for personal use or household adornment, including, but not limited to, stores selling primarily T-shirts and/or sweatshirts with imprinted wording or images.

5. Grade. The location of ground surface. See also Slope.

(a) Existing Grade. The elevation of the ground at any point on a lot as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. See Figure 23.502-3.

(b) Finished Grade. The lowest point of elevation of the finished surface of the ground between the exterior walls of a building and a point 5 feet distant from the wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than 5 feet distant from the wall. In the case of walls which are parallel to and within 5 feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. See Figure 23.502-3.

Figure 23.502-3. GRADE, EXISTING AND FINISHED

6. Group Instruction. An establishment that offers specialized programs in personal growth, development, and instruction in artistic, cultural, and academic pursuits, including music and choral schools, performing arts, arts and crafts, cooking, tutoring, martial arts and self-defense training. Excludes spaces designed exclusively for public performance.

7. Group Living Accommodations. A building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing, and excludes hospitals, nursing homes and tourist hotels. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit. Residential hotels and senior congregate housing are separately defined types of group living accommodations each with their own permit requirements.

8. Ground Floor Street Frontage. The occupied floor space in a structure nearest to the public right-of-way and closest to sidewalk grade.

H. "H" Terms.

1. Habitable Space. A space in a building which is used or designed to be used for living, sleeping, eating or cooking, but not including garages, bathrooms, utility, storage and laundry rooms, halls or closets.

2. Health and Fitness Facility. A facility where exercise equipment, swimming pools, group or aerobic classes (including yoga and Pilates) and other activities related to person health and fitness are available to customers or members. Excludes park/playground.

3. Hedge. Any line or row of plants, trees or shrubs planted in a continuous line to form a dense thicket or barrier.

4. Height of Building, Average. See 23.106.090.A (Average Building Height).

5. Height of Building, Maximum. See 23.106.090.B (Maximum Building Height).

6. Home Occupation. A business use conducted on property developed with a residential use, which is incidental and secondary to the residential use, does not change the residential character of the residential use, is limited so as not to substantially reduce the residential use of the legally established dwelling, Accessory Dwelling Unit, Accessory Building or Group Living Accommodation room and is operated only by the residents of the subject residence.

There are three classification of Home Occupations. For the purposes of this section, a "customer" is considered a single paying customer, but may include more than one person receiving the services at the same time:

(1) Class I Home Occupation--Involves no more than five customer visits per day, with no more than four persons receiving services at a time. This class does not allow shipping of goods directly from the subject residence.

(2) Class II Home Occupation--Involves no more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site. This class does not allow shipping of goods directly from the subject residence.

(3) Class III Home Occupation--Involves more than ten customer visits per day, with no more than four persons receiving services at a time and no more than one non-resident engaging in business-related activities on-site and/or involves shipping of goods directly from the subject residence.

7. Hospital. A facility for in-patient medical care licensed under California Administrative Code, Title 17, Section 237 or 238.

8. Hot Tub. A tub or small pool, usually made of wood or fiberglass, in which heated water is maintained for recreational or therapeutic activities, including, but not limited to, jacuzzis, whirlpools and spas.

9. Hotel, Residential. A type of group living accommodations which provides rooms for rent for residential purposes, including single residential occupancy (SRO) rooms.

10. Hotel, Tourist. A building with sleeping rooms used, designed, or intended for occupancy by transient guests for a period not to exceed 14 consecutive days. This use includes inns, bed and breakfasts (B&Bs), and hostels, and excludes building with residential hotel rooms and dwelling units.

11. Household. One or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the household and other similar characteristics indicative of a single household.

12. Household Income, Gross. The income of all adult members of the household as determined by the guidelines used by the Berkeley Housing Authority for its administration of the Section 8 Rental Subsidy Program. For purposes of this definition, household is the same as Family in the federal Section 8 Existing Housing Program or its future equivalent. Classification of Households, based on income, shall be based on the following percentages of the Oakland Primary Metropolitan Statistical Area (PMSA) statistical figures for income of the most recent U.S. Census that are available:

(a) Low Income Household. A household whose gross income is greater than 80 percent and less than 100 percent of the median income.

(b) Lower Income Household. A household whose income is no greater than 80 percent and above 50 percent of the median income.

(c) Very Low Income Household. A household whose gross income is 50 percent or less of the median income.

I. "I" Terms.

1. Incidental Use. See Use, Incidental.

2. Inclusionary Unit. A dwelling unit which is affordable by Households with income below the Oakland PMSA median income; or in the case of Limited Equity Cooperatives, Households with income below 120 percent of the Oakland PMSA median income.

3. Industrial and Mining Product Sales. Retail sale of equipment and productions for manufacturing, mining, and other industrial activities.

4. Insurance Agents, Title Companies, Real Estate Agents, Travel Agents. A commercial establishment providing insurance, title, real estate and travel services directly to customers.

J. "J" Terms.

K. "K" Terms.

1. Kennels and Pet Boarding. A facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. Excludes municipal animal shelters.

2. Kitchen. A habitable space used for preparation of food that contains at least a sink, a refrigerator of no less than 10 cubic feet, and either a cooktop and an oven, or a range.

L. "L" Terms.

1. Laboratories.

(a) Commercial Physical or Biological. A facility that provides controlled conditions in which scientific or technological research, experiments, and measurement may be performed.

(b) Cannabis Testing. A facility for the testing of the properties of cannabis intended for consumer use.

(c) Class 1 Organism. A microbe or biological agent classified as Biosafety Level 1 (BSL-1) by the U.S. Centers for Disease Control and Prevention.

(d) Class 2 Organism. A microbe or biological agent classified as Biosafety Level 2 (BSL-2) by the U.S. Centers for Disease Control and Prevention.

(e) Class 3 Organism. A microbe or biological agent classified as Biosafety Level 3 (BSL-3) by the U.S. Centers for Disease Control and Prevention.

2. Land Use. See "Use."

3. Landscaped Area. An area of ground within the boundaries of a lot which consists of living plant material including, but not limited to, trees, shrubs, ground covers, grass, flowers, gardens and vines.

4. Large Vehicle Sales and Rental. Establishments primarily engaged in renting or leasing trucks, truck tractors, buses, semitrailers, and utility trailers.

5. Lattice Tower. A support structure, erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment.

6. Laundromat and Cleaner. A business which offers self-service laundry and/or dry-cleaning machines and dryers, which are coin, token or otherwise fee operated. This use excludes dry cleaning plants.

7. Library. A non-commercial facility where sources of information and similar resources (such as books, recordings, or films) are made available for public use.

8. Lighting, Pedestrian-Scale. A lighting source that provides lighting for pedestrian space, such as sidewalks, parks, and walking paths. Pedestrian-scale lighting sources are directed toward the sidewalk, positioned lower than roadway lighting, and have a mounting height of between 7 feet and 15 feet above finished grade. Examples include post-top lighting, pendant lighting, bollard light posts, and wall-mounted light fixtures.

9. Limited Equity Cooperative. The form of ownership defined in Section 11003.4(a) of the Business and Professions Code or other form of ownership, wherein appreciation of equity of dwelling units is no greater than appreciation permitted by California Health and Safety Code Section 33007.5 for a Limited Equity Cooperative.

10. Live Entertainment. Any one or more of any of the following, performed live by one or more persons, whether or not done for compensation and whether or not admission is charged: musical act (including karaoke); theatrical act (including stand-up comedy); play; revue; dance; magic act; disc jockey; or similar activity.

11. Live/Work. A built space used or designed to be used both as a workplace and as a residence by one or more persons in conformance with Chapter 23.312 (Live/Work).

12. Loading Space, Off-street. A covered or uncovered space for trucks or other delivery vehicles for the loading or unloading of freight, cargo, packages, containers or bundles of goods and/or bulky goods.

13. Loft. See mezzanine.

14. Lot. A separate legal subdivision of land, as recorded with the County of Alameda Recorder. See Figure 23.502 4: Lot Configuration.

(a) Abutting Lot. A lot having a common property line or separated by a public path or alley, private street or easement to the subject lot.

(b) Confronting Lot. A lot whose front property line is intersected by a line perpendicular to and intersecting the front property line of the subject lot.

(c) Corner Lot. A lot bounded on two or more adjacent sides by street lines, providing that the angle of intersection is less than 135 degrees.

(d) Flag Lot. A lot so shaped that the main portion of the lot area does not have direct street frontage, other than by a connection of a strip of land which is used for access purposes.

(e) Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or is bounded by more than one street with an intersection greater than or equal to 135 degrees.

(f) Key Lot. Any interior lot which abuts the rear lot line of a corner lot.

(g) Receiving Lot. The lot to which a building is relocated from a different lot.

(h) Source Lot. The lot from which a building is relocated to a different lot.

(i) Through Lot. A lot having frontage on two parallel or approximately parallel streets.

Figure 23.502-4. LOT CONFIGURATION

15. Lot Area. The total horizontal area within a lot's boundary lines.

(a) Lot Area in R-BMU Only. The total horizontal area within a lot’s boundary lines, minus the square footage of the footprints of any buildings, facilities or equipment that are, or shall be, under the control of the San Francisco Bay Area Rapid Transit District (BART).

16. Lot Coverage. See 23.106.020 (Lot Coverage).

17. Lot Depth. The average distance from the front lot line to the rear lot line measured in the general direction of the side lines.

18. Lot Frontage. That dimension of a lot's front lot line abutting on a street.

19. Lot Lines. The boundaries between a lot and other property or the public right-of-way.

20. Lot Line, Front. The shorter of the two intersecting lot lines along the rights-of-way of a corner lot shall be deemed to be the front of the lot for purposes of determining the lot frontage and for yard requirements. In the case of a lot having equal frontage, or in the case of an irregularly shaped lot, the Zoning Officer shall determine the front in such a manner as to best promote the orderly development of the immediate area.

21. Lot Width. The average distance between the side lot lines measured at right angles to the lot depth.

22. Low Barrier Navigation Center. A temporary, low-barrier-to-entry shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, healthy services, shelter, and housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy pursuant to California Government Code Section 65660 and includes services to connect people to permanent housing through a service plan and services staffing and a coordinated entry system pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations.

M. "M" Terms.

1. Main Building. See Building, Main.

2. Maintenance of Building. Those activities which preserve an existing building including, but not limited to cleaning, painting, refurbishing (but not altering) exterior and interior walls, equipment, facilities and fixtures.

3. Manufactured Home. A structure, designed or altered to be used as a dwelling unit, which is transportable in one or more sections and is built on a frame or chassis to which wheels may be attached so as to be transported, including mobile homes meeting the standards of the National Manufactured Housing Construction and Safety Act of 1974. If a manufactured home is mounted on a permanent foundation and connected to all utilities required for a dwelling unit built on the site, it is considered a dwelling unit.

4. Manufacturing Districts. The districts listed under the Manufacturing Districts heading in Table 23.108-1: Zoning Districts.

5. Manufacturing. A use primarily engaged in the mechanical or the chemical transformation of materials or substances into new products. Manufacturing activities include assembly, baking, brewing, fabrication, milling, processing, refining, smelting and treatment and any other uses determined by the Zoning Officer. Except as otherwise provided in this chapter, manufacturing uses are defined, and distinguished from nonmanufacturing uses, in the North American Industrial Classification Manual (311611--339999).

(a) Construction Products Manufacturing. Manufacturing and/or processing asphalt, cement and/or concrete.

(b) Light Manufacturing. Primarily involved in baking, brewing, fabricating, milling, processing and other similar forms of mechanical and chemical treatment. Light manufacturing uses are generally in the following groups in the North American Industrial Classification System (NAICS):

Use

NAICS Code

Apparel and Other Textile Mill Products

314--33636

Electronic and Electric Equipment, except semiconductors

334412--335311, 334413, 333319, 333618, 333992, 335129, 35999

Fabricated Metal Products

332--332999

Food Processing

311--311999

Furniture and Fixtures

337--33792

Industrial Machinery and Equipment

333--333999

Instruments and Related Products

334511--334518

Leather and Leather Products, except leather tanning

3162--316999

Lumber and Wood Products, except logging

321--321999

Miscellaneous Manufacturing

339--339999

Paper and Allied Products, except paper, pulp and paperboard mills

3222--322299

Perfumes, Cosmetics and Toilet Preparations

325611--32562

Printing and Publishing, except publishing without printing

323--323122

Rubber and Miscellaneous Plastic Products

326--326299

Stone, Clay and Glass Products, except cement

327--327215, 32733--327999

Textile Mill Products

313--31332

Transportation Equipment

336--336999

(c) Pesticides, Herbicides and Fertilizers. Manufacturing and/or processing of substances used for destroying insects or other organisms harmful to cultivated plants or to animals, substances toxic to plants used to destroy unwanted vegetation. and chemicals or natural substance added to soil or land to increase its fertility.

(d) Petroleum Refining and Products. The transformation of crude oil into gasoline and other similar petroleum products.

(e) Pharmaceuticals. Manufacturing and production of medical drugs.

(f) Primary Production Manufacturing. Manufacturing primarily involved in drawing, smelting, refining, rolling and extruding to produce materials such as metals or plastic. Primary production manufacturing uses are generally in the following groups in the North American Industrial Classification System (NAICS):

Use

NAICS Code

Chemicals and allied products, except pharmaceuticals and perfumes, cosmetics and toilet preparations

325--32532, 325413--325613, 3259--325998

Leather Tanning

31611

Paper, pulp and paperboard mills

32211--3221

Primary Metal Industries

331--331528

(g) Semiconductors. The manufacturing of a solid substance that has a conductivity between that of an insulator and that of most metals, either due to the addition of an impurity or because of temperature effects.

6. Material Recovery Enterprise. A business that diverts discarded materials from several waste streams including the Transfer Station, drop-off, pick-up and curbside collection. Such facilities must clean, sort, repair and/or process these materials and offer them for reuse and/or recycling through wholesale and/or retail sales, including bulk sales. The retail component of these facilities is limited to the sale of items recovered from the waste stream. No new items may be offered for sale at these facilities. This use excludes flea markets, automobile wrecking establishments, manufacturer’s outlet stores (factory second stores), consignment shops, second-hand stores, antique stores, and any store which offers only used furniture, clothing and/or household items.

7. Media Production. Commercial arts and art-related business services including audio and film recording and editing studios and services, film and video production, titling, video and film libraries, special effects production, motion picture and photograph processing, radio and television broadcast, and similar uses.

8. Medical Practitioner Office. Clinics or offices and related laboratories for doctors, dentists, chiropractors, optometrists, mental health practitioners, osteopaths, chiropodists, and similar practitioners of the traditional healing arts, as well as holistic healthcare providers and practitioners of a non-traditional nature. This use includes acupuncturists, herbalists, nutritionists, midwives, reflexologists, iridologists, physical therapists, and bodyworkers, but excludes offices for veterinarians or opticians.

9. Mezzanine. An intermediate level of a building interior containing floor area without complete enclosing interior walls or partitions, placed in any story or room and not separated from the floor or level below by a wall.

10. Microbusiness. Cannabis use involving more than one State license. See Municipal Code Chapter 12.21 for definition.

(a) Retail Nursery Microbusiness. A microbusiness that is restricted to growing and selling cannabis plants and seeds. See Municipal Code Chapter 12.21 for definition.

(b) Retail Storefront Microbusiness. A microbusiness that is restricted to a Storefront Retailer with limited manufacturing and distribution activities. See Municipal Code Chapter 12.21 for definition and limitations.

11. Mini-storage. A storage warehouse characterized by individual separate spaces, which are accessible by customers for storing and retrieval of goods.

12. Mixed Use. The use of a lot or building with two or more different land uses including, but not limited to, residential, commercial retail, office or manufacturing, in a single structure or a group of physically integrated structures.

13. Mixed-Use Residential. A development project with both residential and non-residential uses which are either 1) located together in a single building; or 2) in separate buildings on a single site of one or more contiguous properties.

14. Microcell. A set of antenna nodes networked with each other and connected to a wireless service source, such that a one or more high-power antennas that serve a given area are replaced by a group of lower-power antennas to serve the same geographic area.

15. Monopole. A single pole support structure greater than 15 feet in height erected on the ground or on a structure to support antennas and related communications equipment.

16. Motel, Tourist. An establishment which provides overnight lodging and parking which contains six or more guest rooms used, designed or intended to be used, let or hired out for occupancy by six or more transient individuals for compensation, whether direct or indirect, and in which the rooms are usually accessible from an outdoor parking lot.

17. Multi-Family Dwelling. A building, group of buildings, or portion of a building used or designed as three or more dwelling units.

18. Municipal Animal Shelter. A City-owned facility providing services for humane animal care with programs and services focused on maximizing opportunities for animal adoption. Supporting facilities may include medical care (including spay/neuter), kennels, exercise areas and adoption centers.

N. "N" Terms.

1. New Construction. Construction of a new main building or accessory dwelling unit.

2. Non-Chartered Financial Institutions. A use, other than State or Federally chartered bank, credit union, mortgage lender, savings and loan association or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. This use includes deferred deposit transaction (payday loan) businesses that makes loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer short-term loan secured by the title to motor vehicles. This use excludes non-profit financial institutions or retail sellers engaged primarily in the business of selling consumer goods to retail buyers and that cash checks or issue money orders as a service to its customers that is incidental to its main purpose or business.

3. Non-conforming Use or Building. A use or building which is not consistent with a provision or provisions of the Zoning Ordinance, but which was lawfully established or constructed before the effective date of the provision(s) with which it is inconsistent. A use is not considered non-conforming if it is only inconsistent with the Zoning Ordinance with respect to the number of auto or bicycle spaces, their location on site, or screening.

4. Non-Processed Edibles. Foods, including fruit, vegetables, nuts, honey, and shell eggs from fowl or poultry, grown or raised in accordance with the Municipal Code, that are whole and intact and have not been processed, but not including cannabis as defined in Chapter 12.26 or meat. Washing, trimming, bundling, and similar handling of otherwise whole and intact foods shall not be considered processing.

5. Non-Residential Districts. Those districts listed under the Commercial Districts, Manufacturing Districts, and Special Districts headings in Table 23.108-1: Zoning Districts.

6. Non-Residential Use. Any land use other than a residential use as defined by this chapter.

7. Nursing Home. An establishment which provides 24 hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the California State Department of Health Services. This use includes rest homes and convalescent hospitals and excludes community care facilities, senior congregate housing, and hospitals.

O. "O" Terms.

1. Oakland Primary Metropolitan Statistical Area (PMSA). A geographic area defined by the U.S. Bureau of the Census, composed of the counties of Alameda and Contra Costa.

2. Office Use. A building or portion of a building used for conducting the business or affairs of a profession, business service, non-profit organization, agency, public utility and/or government entity.

3. Office, Business and Professional. A building or portion of a building used for conducting the business or affairs of a profession, business service, non-profit organization, agency, public utility and/or government entity. Includes publishing without printing.

4. One Ownership. Ownership of property or possession thereof under a contract to purchase by a person or persons, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby such property is under a single or unified control.

5. Outdoor Cafe Seating. Tables and/or chairs (including benches) and umbrellas associated with a lawfully operating food service establishment located in an outdoor area on private property.

6. Owner. The person or persons, firm, corporation or partnership exercising One Ownership as defined in this chapter.

7. Owner or Operator (also Provider or Service Provider). The person, entity or agency primarily responsible for installation and maintenance of the facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.

P. "P" Terms.

1. Parapet. A low wall or railing not exceeding 42 inches above the roof and along its perimeter, usually for fire containment and/or architectural purposes.

2. Parcel. A term used by the Alameda County Tax Collector to describe a lot, portion of a lot or a group of lots for property tax purposes.

3. Park/Playground. Non-commercial facilities that provide open space and/or recreational opportunities to the public.

4. Parking Area, Accessory. An area of a lot reserved for use as off-street parking intended to serve a building or use which is the primary or main use of the lot.

5. Parking Lot/Structure.

(a) Parking Lots. The exclusive or primary use of a lot for off-street parking spaces in an open paved area.

(b) Parking Structures. The exclusive or primary use of a lot for off-street parking spaces in a structure built specifically for parking purposes.

6. Parking Space, Off-Street. An area, covered or uncovered, designed for the storage of an automobile which is paved, accessible by an automobile, and usable for such automobile storage use without permanent obstruction.

7. Path. A City-owned right-of-way used or designed for pedestrian access.

8. Pawn Shops and Auction Houses. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.

9. Penthouse, Mechanical. A room or enclosed structure, attached to the roof level for the uppermost story, for purposes of sheltering mechanical equipment, water tanks and/or vertical openings for stairwell and elevator shafts. Such a structure is considered a story if it contains usable floor area or habitable space.

10. Permit, Discretionary. The following types of permits and approvals: Administrative Use Permit, Use Permit, Master Use Permit, Modification of Development Standards, Reasonable Accommodations, and Variance.

11. Permit. A Use Permit, Administrative Use Permit, or Variance, unless the context specifies otherwise.

12. Personal/Household Service, General. A business establishment which provides commercial services directly to customers. This use includes barber/beauty shops, clothing, shoes and/or household items repair shops, dry cleaning and laundry agents, framing/mounting shops, optician shops, photocopy stores, photography studios postal/packaging/po box service shops, and other similar establishments. This use excludes massage.

13. Pet Store. Retail sales and services for animals kept as household pets. Includes sales and grooming of animals but not boarding.

14. Plumbing Shop. A business offering plumbing supplies and service which has on-site supply storage and service vehicles.

15. Porch. A covered projecting platform that extends from the main wall of a building where the covering is supported by columns, walls, or other vertical structural elements.

16. Repealed by Ord. 7797-NS.

17. Privately-Owned Public Open Space. Area on a lot that is designed for active or passive recreational use and that is accessible to the general public without a requirement for payment or purchase of goods. Such areas may include mid-block passageways and other amenities intended to improve pedestrian access, and may be outdoors, indoors, or enclosed.

18. Public Property. All real property owned, operated or controlled by the City, other than the public right-of-way and any privately-owned area within City’s jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by City.

19. Public Right-Of-Way. Any public street, public way, public place or rights-of-way, now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, owned, operated and/or controlled by the City or subject to an easement owned by City and any privately-owned area within City’s jurisdiction which is not yet, but is designated as a proposed public place on a tentative subdivision map approved by City.

20. Public Market. A facility or location where people regularly gather for the sale and purchase of food, beverages, flowers, crafts, and other similar goods. Public markets are open daily, year-round, in a permanent location, with multiple vendors that are owner-operated.

(a) Open Air. A public market conducted outdoors.

(b) Enclosed. A public market conducted indoors.

21. Public Safety and Emergency Service. Facilities that provide police and fire protection.

22. Public Utility Substation/Tanks. A permanent structure or facility providing a utility service to the general public. Includes generating plants, electric substations, solid waste collection, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities.

Q. "Q" Terms.

1. Quorum. A majority of the appointed members.

R. "R" Terms.

1. Rear Main Building. A main building situated behind another main building existing or proposed on a parcel located in the R-1A district.

2. Receiving Lot. See Lot, Receiving.

3. Recycled Materials Processing. A facility that receives and processes recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

4. Recycling Redemption Center. A facility, use, or structure for the collection of recyclable goods, including beverage containers and newspapers.

5. Related Equipment. All equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

6. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines.

7. Repair Service, Non-Vehicle. An establishment that provides repair and maintenance services for household appliance, home electronics, office equipment, furniture and other similar items. Excludes vehicle repair.

8. Research and Development. An establishment engaged in the following activities: 1) industrial, biological or scientific research; and/or 2) product or process design, development, prototyping, or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.

9. Resident. A person whose primary residence is in Berkeley.

10. Residential Care Facility. See Community Care Facility.

11. Residential Hotel. See Hotel, Residential.

12. Residential Addition. See Addition, Residential.

13. Residential Density. See 23.106.100-Residential Density

14. Residential Districts. The districts listed under the Residential Districts heading in Table 23.108-1: Zoning Districts.

15. Residential Hotel Room. A room which is:

(a) Used, designed, or intended to be used for sleeping for a period of 14 consecutive days or more;

(b) Not a complete dwelling unit, as defined in this chapter; and

(c) Not a Tourist Hotel Room, as defined in this chapter.

16. Residential Use. Any legal use of a property as a place of residence, including but not limited to dwelling units, group living accommodations, and residential hotels.

17. Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores. This use excludes video rental stores, service of vehicle parts, and firearm/munition sales.

18. Retaining Wall. A wall designed to contain and resist the lateral displacement of soil and of which such soil is at a higher elevation on one side of the wall.

19. Review Authority. The City official or body responsible for approving or denying a permit application or other form of requested approval under the Zoning Ordinance.

20. Room, Multipurpose. An area designed to accommodate a range of recreation and assembly activities, such as meetings, conferences, social gatherings, and studying.

21. Room, Pet Wash. An area designed to accommodate self-service pet washing, including grooming, to support animal and resident health.

22. Rooming House. A building used for residential purposes, other than a hotel, where lodging for 5 or more persons, who are not living as a single household, is provided for compensation, whether direct or indirect. In determining the number of persons lodging in a rooming house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent. See also Boarding House.

S. "S" Terms.

1. Satellite Dish. A device which is designed to receive signals or communications from orbiting satellites.

2. School. A building or group of buildings for educational and/or classroom purposes operated by the Berkeley Unified School District (BUSD) and/or other private or public education institutions offering a general course of study at primary, secondary or high school levels which is equivalent to the courses of study at such levels offered by the BUSD. Day nurseries, vocational and trade schools are considered schools only when incidental to the conduct of a school as defined by this chapter.

3. School, Vocational. An educational institution which provides secondary or post-secondary training for technical skills required to complete the tasks of a specific job.

4. Seasonal Product Sales. Sales of products for a limited duration of time, usually associated with a seasonal holiday, including but not limited to, sales of Christmas trees and pumpkins.

5. Service Use. A business in which no more than fifty percent (50%) of its gross receipts are subject to retail sales taxes.

6. Services to Buildings and Dwellings. A business that provides services to customers at a location other than the business location. This use includes carpet/upholstery cleaning services, security services, and janitorial services.

7. Senior Congregate Housing. A type of group living accommodations occupied by persons 60 years or older who live in sleeping rooms without kitchen facilities, and which contains congregate bath and/or dining facilities or rooms. This use excludes community care facilities/homes and nursing homes.

8. Setback. A distance between a lot line and a building or other site improvement. See also 23.106.070 (Setbacks).

9. Setback Area. See 23.106.070.B (Setback Areas).

10. Setback Line. A line parallel to a specified lot line which defines a required setback area.

11. Shed, Garden and/or Tool. An accessory structure designed to store tools, lawn and garden care or maintenance equipment or materials, and which is not designed to contain any habitable space.

12. Shelter, Homeless or Women’s. See Transitional Housing.

13. Short-Term Rental. See Section 23.314.020 (Definitions).

14. Sidewalk Cafe Seating. Tables and/or chairs (including benches) as defined in Municipal Code Section 14.48.150 (Sidewalk cafe seating, benches and planters).

15. Sign. Any sign as defined in Municipal Code Section 20.08.220 (Sign).

16. Single-Family Dwelling. A building designed for and occupied exclusively by one household, or may provide accommodations for six or fewer employees as "employee housing" pursuant to Healthy and Safety Code Section 17021.5.

17. Single Residential Occupancy (SRO) Room. A room for residential or sleeping purposes in a residential hotel which is designed for occupancy of one person only.

18. Skateboard Ramp. A ramp, platform, course or facility used for skateboard riding and made of wood or other solid material.

19. Slope. The steepness of a site, measured as the ratio of the vertical distance to the horizontal distance between the highest and lowest points of the site. See Figure 23.502-5: Grade or Slope.

Figure 23.502-5. GRADE OR SLOPE

20. Small Vehicle Sales and Service. An establishment which sells or leases long-term new, used, or pre-owned motorized vehicles other than passenger automobiles and trucks which are characterized by fewer than four wheels or a minimal frame. Types of vehicles sold or leased by this use include motorcycles, scooters, three-wheel motorcycles, electric carts, electric scooters, and such vehicles designed or refurbished for alternative fuels/power sources (alternative to conventional gasoline).

21. Smoke Shop. An establishment engaged primarily in the sale of tobacco and/or tobacco-related products.

22. Solar Energy Device/Equipment. Any solar collector or other solar energy device or any structural design feature of a building of which the primary purpose is to provide for the collection, storage or distribution of solar energy for space heating or cooling, water heating or the generation of electricity.

23. Sorority House. A building used for group living accommodations by an organization recognized by the UC Berkeley, or other institution of higher learning.

24. Source Lot. See Lot, Source.

25. Story. See Section 23.106.060 (Story).

26. Street. A public or private thoroughfare which provides principal means of access to abutting lots, including but not limited to, avenue, place, way, manor, drive, circle, lane, court, boulevard, highway, road and any other thoroughfare except an alley or a path as defined in this chapter.

27. Street Line. The boundary between a lot and an adjacent street.

28. Structural Alteration. Any physical change to or removal of the supporting members of a building, foundation or bearing walls, columns, beams or girders or creation or enlargement of a window or door, change of a roofline or roof shape, including creating, enlarging or extending a dormer.

29. Structural Alteration, Public Safety. Any structural alteration or physical change to a building that provides greater safety to the public or occupants by strengthening the building against seismic activity, which does not result in new floor area except that created by necessary structural improvements or physical changes as required under Municipal Code Chapter 19.38 and 19.39.

30. Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A building is a structure for the purposes of this chapter.

(a) Accessory Structure. A detached structure, other than an accessory building, in which non-habitable uses or activities other than the principal use of the property are conducted. Residential accessory structures include, but are not limited to, enclosed structures such as garages, carports, garden or tool sheds, and non-enclosed structures such as, but not limited to, fences, gazebos, ground-mounted satellite dishes, skateboard ramps and wheelchair ramps. Non-residential accessory structures include, but are not limited to, storage buildings, garages, sheds and other outbuildings.

(b) Unenclosed Accessory Structure. An accessory structure that does not have a roof, and/or does not have walls on more than two sides. Unenclosed accessory structures include, but are not limited to, pergolas, trellises, shade structures, arbors, retaining walls, solar energy equipment, ground or pole-mounted satellite dishes, play structures, skateboard ramps, tree houses and windmills.

(c) Subterranean Structure. A roofed structure constructed underground, with no building stories aboveground, of which the roof does not exceed 3 feet above the pre-existing grade. Such structures are either separated from a building or connected to a building only by a passageway or hallway with no openings to finished grade except for a doorway.

(d) Temporary Structure. A tent, tent-house, trailer, mobile office, mobile home or other movable structure or other temporary structure whose construction does not require a building permit.

31. Studio. See Art/Craft Studio.

32. Supportive Housing. As defined in Health and Safety Code 50675.14(b)(2), housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code 50675.14(b)(3) and linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

T. "T" Terms.

1. Temporary Use. See Use, Temporary.

2. Tenant Space Reconfiguration. any physical change to an existing building’s walls separating leased spaces so as to change the number of lease spaces for commercial businesses or the square footage of leasable floor area of an existing commercial lease space.

3. Theater. Any establishment that has a permanent stage or screen for the presentation of live or recorded entertainment and which contains an audience viewing hall or room, with fixed seats. Theaters may be used for live performances of music, dance, plays, orations, and other stage performances and/or the showing of projected motion pictures and videotapes.

4. Tire Sales and Service. An establishment that sells, installs, and provides services for vehicle tires.

5. Tourist Hotel. See Hotel, Tourist.

6. Tourist Hotel Room. A sleeping room used, designed or intended for occupancy by transient guests for a period not to exceed 14 consecutive days, which is not a residential hotel room or a dwelling unit.

7. Townhouse. A dwelling unit in which ownership is in the form of a condominium arrangement which is located in a separate building from any other dwelling unit.

8. Transitional Housing. From Health and Safety Code Section 50675.2: Any dwelling unit or a Group Living Accommodation configured as a rental housing development, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time.

9. Treehouse. An accessory structure built within, on or above the branches of any living tree.

10. Two-Family Dwelling. A building or use of a lot designed for, or occupied exclusively by, two households.

U. "U" Terms.

1. Unenclosed Accessory Structure. See Structure, Unenclosed Accessory Structure.

2. Urban Agriculture. The production of horticultural crops for harvest, sale, and/or donation, including community gardens. This use excludes include cannabis cultivation and does not pertain to raising animals.

(a) Low-Impact Urban Agriculture. Urban agriculture that meets the thresholds in Section 23.318.040 (Thresholds).

(b) High-Impact Urban Agriculture. Urban agriculture that does not meet one or more of the thresholds in Section 23.318.040 (Thresholds).

3. Urban Agricultural Products. Horticultural crops including fruits, vegetables, nuts, flowers, herbs, and any other cultivar, and value-added products made from raw agricultural products grown at the site such as jams, fruit preserves, herb blends, and floral bouquets. Urban agricultural products do not include cannabis products.

4. Usable Open Space. Outdoor space, including natural and landscaped ground areas, pools, patios, decks and balconies designed for active or passive recreational use and which is accessible to the occupants of a building on the same lot.

5. Usable Space. Any portion of a building or structure which is designed to be or can be used as habitable space, which has finished walls (sheetrock or plaster) and/or is heated with any fixed furnace or central heating system, including bathrooms, halls, garages and laundry rooms. Storage areas with over 6 feet of vertical space shall also be considered usable space.

6. Use. The purpose for which land or premises or a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained.

7. Use, Accessory. A use that is of the same nature as or complementary to the principal use of a lot or a building located on the same lot, and that is not independent of the principal use.

8. Use, Ancillary. A use that is both dependent on and commonly associated with the principal permitted use of a lot and/or building and that does not result in different or greater impacts than the principal use.

9. Use, Incidental. A use of a lot and/or building that is secondary to the principal permitted use, but that by nature could be independent. An incidental use shall not exceed 25 percent of the floor area of the primary use, and if it consists of the commercial sales of a different line of products or services than the primary use, such incidental use may not generate gross receipts in excess of 33 percent of the gross receipts generated by the primary use.

10. Use, Primary. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

11. Use, Temporary. A use of a building, property or land area, that is limited in duration of time, does not permanently change the character or physical facilities of the premises or property and is in keeping with the purposes listed in the district where it is located.

12. Utility. An entity which provides water, sewage collection, electricity, natural gas, telephone, cable television or other public service or good to the public.

V. "V" Terms.

1. Vehicle Parts Stores. An establishment that sells automobile, truck or other vehicle parts or equipment. This use excludes service of vehicle parts.

2. Vehicle Rentals. An establishment which rents automobiles, trucks, motorcycles, boats, or other motor-driven vehicles that are stored either indoors or outdoors on its premises.

3. Vehicle Repair and Service. An establishment that repairs, services, paints and/or conducts bodywork on automobiles, trucks or other motor-driven vehicles on its premises. Includes restoration of antique and classic cars.

4. Vehicle Sales. An establishment which sells, or leases long-term, new, used or previously owned automobiles or trucks; restored vintage, specialty, or antique automobiles or trucks; or automobiles or trucks refurbished for alternative fuels (alternative to conventional gasoline). Ancillary uses and services that are supporting of an vehicle sales use may include the sale and installation of automobile parts, accessories and equipment; repair, maintenance, bodywork and other service of automobiles; loaning of vehicles to service patrons; storage of vehicles outdoors; and automobile washes. This use excludes establishments where more than 50 percent of vehicles sold are previously owned or used (see vehicles sales, used).

5. Vehicle Sales, Used. An establishment which sells automobiles and/or trucks of which more than fifty percent at any time are previously owned and/or used.

6. Vehicle Sharing (which includes "Car Sharing"). A membership-based service that:

(a) Provides a mobility service that helps meet City goals for alternative transportation to enhance mobility options, reduce congestion and promote walking, biking and transit;

(b) Is primarily designed for shorter time and shorter distance trips that can function as an extension of the public transportation network;

(c) Offers membership to all qualified drivers in the City;

(d) Does not require a separate written agreement or human intervention to access vehicles each time a member reserves and uses a vehicle;

(e) Offers members access to a dispersed network of shared automotive vehicles, available 24 hours per day, 7 days a week, at self-service locations where the vehicles are not attended; and

(f) Provides vehicle usage without restriction at hourly and/or per mile rates that are directly proportional to usage and include fuels (gas), insurance, maintenance, and reserved parking when vehicles are not in use.

7. Vehicle Sharing Pod. Any location reserved for shared vehicles that:

(a) Is located in a location approved for off-street parking or municipal parking lot; or

(b) Is located on street in a site designated by the City for this use; and

(c) Does not involve more than five shared vehicles per vehicle sharing service provider; and

(d) Where the shared vehicles must be parked in assigned spaces in conformance with all applicable laws and ordinances.

8. Vehicle Wash. An establishment where the Washing, waxing, or cleaning of automobiles or similar light vehicles are the primary use. Includes self-serve washing facilities.

9. Vehicle Wrecking. An establishment which engages in the on-site dismantling or wrecking of automobiles, trucks, or trailers for the purpose of obtaining parts, metal, or materials for re-use or resale or the storage and keeping of such dismantled parts.

10. Veterinary Clinic. A facility providing veterinarian and/or medical care or treatment for animals. This use includes pet hospitals but excludes kennels or other animal boarding facilities for non-medical care of animals of over 24 hours.

11. Video Tape/Disk Rental Stores. A commercial establishment where the primary business is the rental of video tapes and DVD for the short-term use of customers.

12. View Corridor. A significant view of the Berkeley Hills, San Francisco Bay, Mt. Tamalpais, or a significant landmark such as the Campanile, Golden Gate Bridge, and Alcatraz Island or any other significant vista that substantially enhances the value and enjoyment of real property.

W. "W" Terms.

1. Warehouse. A facility for the storage of commercial goods. Includes storage of goods for a contiguous and directly accessible retail space. Excludes mini-storage.

2. Warehouse-Based Non-Store Retailers. Retail activity that is based on sales without on-site customer visits. This use includes businesses engaged in catalog sales, internet sales, and phone orders. Goods may be both stored and distributed from site. This use includes delivery-only cannabis retailers located in the Manufacturing (M) district.

3. Wheelchair Ramp. A sloping ramp, designed in width and steepness to allow a person in a wheelchair to reach an entrance doorway of a building or a landing at the same level as the doorway.

4. Wholesale Trade. The sale of goods to other businesses for resale. Any use defined as conducting Wholesale Trade under Municipal Code Section 9.04.150 is considered a wholesale trade establishment.

5. Windmill. A device that converts the kinetic energy of the wind to a usable form of electrical or mechanical energy, usually by rotating blades.

X. "X" Terms.

Y. "Y" Terms.

1. Yard. See Setback Area.

Z. "Z" Terms.

1. Zoning Ordinance. Title 23 of the City of Berkeley Municipal Code. (Ord. 7898-NS §§ 21 – 27, 2024; Ord. 7890-NS §§ 39--42, 2023; Ord. 7888-NS §§ 15--20, 2023; Ord. 7882-NS §§ 26--32, 2023; Ord. 7850-NS § 19, 2023; Ord. 7838-NS § 4, 2022; Ord. 7830-NS § 9, 2022; Ord. 7815-NS § 15, 2022; Ord. 7810-NS §§ 13, 14, 2022; Ord. 7805-NS § 1, 2022; Ord. 7797-NS §§ 2--5, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)