"Abandoned"
shall mean to cease or suspend from developing or maintaining a building or use for a stated period of time.
"Abandoned activity"
shall mean a business or activity with no reported sales or activity for a period of at least one hundred eighty days. Exceptions are temporary closures for repairs, alterations or other similar situations.
"Abut" or "abutting"
shall mean contiguous to.
"Access" or "access way"
shall mean the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use.
Accessory Use or Structure.
1.
"Accessory use"
shall mean a use that is normally found with a permitted or conditionally permitted use.
2.
"Accessory use or structure"
shall mean a use or structure incidental and subordinate to the main use of the property and which is located on the same lot.
3.
If necessary, the planning commission may determine whether a use or structure in question is a normal accessory use or not.
"Acreage, gross"
shall mean the entire area of a site calculated to the centerline of planned bounding streets and to the edge of the right-of-way of existing or dedicated streets.
"Acreage, net"
shall mean the area of a parcel of land measured to the property lines less streets and alleys or those areas proposed or required to be dedicated as streets and alleys.
"Action"
shall mean the decision made by the review authority on a land use application, including applicable findings, environmental determination and conditions of approval.
"Adjacent"
shall mean situated next to. Includes abutting and real property across alleys, streets or other public property.
"Adult businesses"
shall mean and include the following:
1.
Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature;
2.
A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film, video, or other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives twenty-five percent or more of the gross revenue from, or devotes twenty-five percent or more of the stock on hand or twenty-five percent or more of the gross floor area to such activity, is presumed to be engaging in substantial or significant conduct with respect to such activity;
3.
Any business wherein occurs the selling of any food or beverage served by employees engaged in partial or total nudity or exposed anatomical areas;
4.
Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or is shown specified sexual activities, or exhibits or engages in partial or total nudity or otherwise exposes specified anatomical areas as set forth elsewhere in this municipal code.
5.
Any business which, as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed.
"Adult use"
shall mean a business or location where the main emphasis is on the sale or promotion of sexually explicit materials or activities.
"Affordable housing"
shall mean housing for which the housing payment is not more than thirty percent of household gross income for a specified housing group.
"Agent or owner"
shall mean a person authorized to act for the property owner.
"Aggrieved party"
shall mean a person, organization, corporation or any other individual or group which demonstrates to the appellate body that they have an interest, either financial or otherwise, in property affected by the decision of the original decision maker.
"Aging in place communities"
means the same as "life plan communities."
"Agricultural use"
shall mean the tilling of soil, the raising of crops, horticulture, viticulture, dairying and small livestock farming including all uses customarily incidental thereto; but excluding personal or commercial golf courses, slaughterhouses, fertilizer yards, transport businesses for agriculture hauling, bone yards or plants for reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes.
"Alcoholism recovery or treatment facilities"
means facilities licensed by the California Department of Health Care Services Health and Human Services Agency to provide twenty-four-hour, residential, nonmedical substance use disorder recovery or treatment services. Services are provided in an alcohol- and drug-free environment and support recovery or treatment for substance use disorder related problems. Services may include the following: detoxification, recovery or treatment planning, educational sessions, social/recreational activities, individual and group sessions, family education and parenting, case management, client file review, relapse prevention, and information about and assistance in obtaining health, social, vocational, and other community services (Health and Safety Code Section 11834.02, and as may be amended).
"Alley"
shall mean a public or private right-of-way permanently reserved primarily for vehicular service access to the rear or sides of properties otherwise abutting on a street and affording only secondary means of access to abutting property.
"Alteration"
shall mean any change, addition, or modification in construction or occupancy of an existing building.
"Amendment"
shall mean a change in the wording, context or substance of any provision in this title; or addition, deletion, or a change in the zone boundaries or classification upon the zoning map.
"Amusement center or arcade"
shall mean any place of assembly by the public for entertainment or playing games.
"Animal boarding"
shall mean the provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
"Animal grooming"
shall mean the provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight hours.
"Animal hospitals"
shall mean establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air conditioned. Grooming and temporary (thirty days) boarding of animals is included if incidental to the hospital use.
Animal Keeping.
See "small animal keeping," "large animal keeping," "limited small animal keeping," and "limited large animal keeping."
"Animal keeping, large"
means raising or keeping large hoofed animals customarily raised or kept on farms including, but not limited to, horses, cows, bulls, calves, oxen, pigs, hogs, and swine as established in Section 17.06.220.
"Animal keeping, limited large"
means that the keeping of certain large animals may be permitted as established in Section 17.06.220:
"Animal keeping, limited small"
means the keeping of the following small-to-moderate sized animals that may be permitted as established in Section 17.06.220.
"Animal keeping, small"
means raising or keeping small nonhoofed animals customarily raised or kept on farms including, but not limited to, poultry and rabbits. It also includes small or moderate-sized hoofed animals including, but not limited to, sheep and goats as established in Section 17.06.220.
"Animals, retail sales"
means retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail sale.
"Annexation"
shall mean the process of adding territory to the incorporated area of the city and simultaneously detaching said territory from Calaveras County and certain service districts.
"Antenna"
shall mean a device used in communications which transmits and/or receives radio, television, or other electromagnetic signals, including, but not limited to, dish, panel, parabolic, and whip antennas.
"Antique store"
shall mean a business whose primary purpose is the sale of objects having special value because of its age, especially a domestic item or piece of furniture or handicraft esteemed for its artistry, beauty, or period of origin.
"Apartment"
shall mean a room or group of rooms in a building rented or leased to a tenant and constituting five or more dwelling units. For the purpose of this definition, "building" shall mean one or more buildings on one or more contiguous lots or parcels under common ownership, and the total contiguous number of dwelling units in all of such buildings shall be used to determine the number of dwelling units subject to the requirements of this title.
"Artist studio"
shall mean a place where fine art is created and occasionally displayed, and affords the artist a live-work opportunity typically in the downtown area. "Fine art" is art concerned with the creation of beautiful objects such as painting and sculpture.
"Auto repair, major"
shall mean a place providing a full range of vehicle repair and maintenance services which include outside storage, the use of hazardous liquids, open flame or welding operations. Hazardous liquids include Class I, II or III-A liquids as defined by the California Building Code and/or California Fire Code.
"Auto repair, minor"
shall mean a place providing vehicle repair and maintenance limited to exchange of parts and maintenance which does not include the activities as defined under this section, auto repair, major. Any activity combining minor and major automobile repair shall be defined as major automobile repair.
"Auto sales and service"
shall mean sale and rental of automobiles, motorcycles, trucks, and recreational vehicles, including storage and incidental maintenance.
"Automobile service station"
shall mean an area which provides for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease racks, and motor vehicle repairs, excluding major auto repair and other similar activities. This definition includes a convenience gas mart with two or more service islands.
"Automobile washing"
shall mean washing, waxing, detailing, or cleaning of automobiles or similar light vehicles including the use of mechanical automobile washers.
(Ord. 270 (part), 1984. Formerly 17.09.010 through 17.09.330; Ord. 275 §§ 2, 3, 1985; Ord. 323 § 10, 1992; Ord. 370 § 2, 1999; Ord. 403 § 2 (part), 2003; Ord. 439 (part), 2010; Ord. 510 §§ 1, 2, 2021; Ord. 511 § 5 (Att. E), 2021; Ord. 541 (Att. A), 2024)