The definitions in this chapter and certain other chapters of this title govern the construction of this title unless the context otherwise requires.

(Ord. 52, 1968)

"Accessory building or structure" is a building or structure which is subordinate and incidental to that of the principal building on the same lot.

(Ord. 52, 1968; Ord. 154, 1976; Ord. 375, 2004)

"Accessory use" means a use incidental and accessory to the principal use of a lot, or a use accessory to the principal use of a building located on the same lot. An accessory use includes, but is not limited to, the following types of uses: large and small family day care homes, as well as, detached garages, pool houses or cabanas, storage sheds and other small single-story structures usually related to a residential unit.

(Ord. 154, 1976; Ord. 52, 1968; Ord. 501, Exh. A, 1-16-2024)

"Agriculture" means the tilling of soil, the raising of crops, horticulture, dairying, and the raising and managing of livestock, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, boneyards, plants for the reduction of animal matter, or any other industrial or agricultural use which may be objectionable because of odor, smoke, dust or fumes.

(Ord. 52, 1968)

"Approving body" means the staff member, officer, commission, board, or entity responsible for decisions on the approval, approval with conditions, or denial of an application, entitlement, plan, or permit, including any party responsible for hearing appeals of decisions made by another party.

(Ord. 408, 2007)

"Average width" of a lot is the total area of the lot divided by the depth of the lot.

(Ord. 52, 1968)

"Building" means any structure with a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels. A stable, barn, or any shelter for equestrian or agricultural livestock shall be considered a building in an R-40-H District.

(Ord. 52, 1968; Ord. 83, 1970)

"Building Height or Height" means the distance measured vertically from a point on the base plane to the highest point on the building or structure. The base plane is an imaginary plane created at the perimeter of the building or structure at the natural or finished grade, whichever is lower. Maximum height is measured from the base plane to an upper imaginary plane located parallel to the base plane and at the maximum allowable height above it.

(Ord. 52, 1968; Ord. 375, 2004)

"Main or Principal Building" means a building or buildings where the main or principal uses of the lot are conducted as well as uses allowed by a use permit.

(Ord. 375, 2004)

"Cottage Food Operation" means an enterprise that is operated by a cottage food operator and may have a maximum of one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct or indirect sale to consumers, as defined in California Health and Safety Code § 113758, and is subject to all applicable regulations, standards, definitions, and requirements of the California Health and Safety Code. No more than one employee may work at the cottage food operation at any one time.

(Ord. 450, 2013)

"Day Care" means a facility that provides non-medical care and supervision of individuals for periods of less than twenty-four (24) hours. These facilities include, but are not limited to the following, all of which are required to be licensed by the California State Department of Social Services, or as the licensing authority may be amended from time to time by the State of California.

A.

"Child day care center" means a commercial or non-profit child day care facility designed and approved to accommodate children, including an infant center, preschool, sick-child center, and school-age day care facility. A child day care center may be operated in conjunction with a school or church facility, or as an independent land use.

B.

"Large family day care home" means a home that provides family day care for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside in the home, as provided by California Health and Safety Code § 1596.78. Pursuant to California Health and Safety Code § 1596.45, a large family day care home is considered a residential use of property and ancillary to the residence in which it is operated.

C.

"Small family day care home" means a home that provides family day care for eight (8) or fewer children, including children under the age of ten (10) years who reside in the home, as provided by California Health and Safety Code § 1596.78. Pursuant to California Health and Safety Code § 1596.45, a small family day care home is considered a residential use of property and ancillary to the residence in which it is operated.

D.

"Adult day care facility" means a day care facility that provides care and supervision for adult clients.

(Ord. 410, 2007; Ord. 501, Exh. A, 1-16-2024)

"Department" means the Community Development Department of the City of Clayton.

(Ord. 375, 2004)

"Director" means the Community Development Director of the City of Clayton, including his or her designated representatives.

(Ord. 375, 2004)

"District" is a portion of the city within which certain uses of land, buildings, and structures are permitted; certain other uses of land, buildings, and structures are not permitted; setbacks and other open spaces are required; and certain minimum lot areas and maximum heights are established for buildings and structures under the regulations of this title.

(Ord. 52, 1968; Ord. 375, 2004)

"Dwelling" means a building designed or used exclusively for residential occupancy, including single-family, two-family (duplex), and multiple-family dwellings, but not including a hotel, motel, boardinghouse, or recreational vehicle.

(Ord. 373, 2004)

"Multiple-family dwelling" means a building designed or used for more than two (2) dwelling units sharing common walls or being otherwise attached, including tri-plexes, four-plexes and apartments. (Second dwelling units are exempt from this definition).

(Ord. 373, 2004)

"Accessory dwelling unit" or "Second dwelling unit" are synonymous and shall refer to an Accessory Dwelling Unit as defined in section 17.41.020A.

(Ord. 373, 2004; Ord 499, 2023)

"Single-family dwelling" means a building on one lot designed or used for one dwelling unit. (Second dwelling units are exempt from this definition.) In keeping with the intent of state law, manufactured housing shall be recognized as a detached single-family dwelling, and shall be allowed by valid building permit in the Agricultural (A) District, Single-Family Residential (R) Districts, and the Planned Development (PD) District (if permitted by an approved development plan) when the manufactured home unit complies with the following:

A.

It is to be occupied only as a residence;

B.

It meets all development standards of the applicable zoning district, including parking requirements;

C.

It is certified under the National Mobile Home Construction and Safety Act of 1974 and any subsequent revisions, and meets all fire, safety and insulation codes of the city, county and state;

D.

It is installed on a permanent foundation system in accordance with Title 15 of the Municipal Code;

E.

It is covered with an exterior material customarily used in new conventional single-family residential structures in the surrounding area;

F.

The exterior covering material must extend to the ground consistent with the Uniform Building Code; a solid concrete or masonry perimeter foundation shall be used; no conventional mobile home skirting shall be allowed;

G.

The roofing material is of a material customarily used in new conventional single-family residential structures in the surrounding area;

H.

The covering material of the garage or carport is the same as used on the manufactured home unit;

I.

The roof overhangs, siding and roofing material have been approved by the Planning Commission; the exterior materials must be found compatible with neighboring residences.

(Ord. 373, 2004)

"Two-family (duplex) dwelling" means a building on one lot designed or used for two (2) dwelling units sharing common walls or being otherwise attached. (Second dwelling units are exempt from this definition.)

(Ord. 373, 2004)

"Dwelling unit" means one or more habitable rooms served by a single common kitchen, designed for occupancy by one family for living and sleeping purposes. (Second dwelling units are exempt from this definition).

(Ord. 373, 2004)

As defined by the California Health and Safety Code § 50801(e) "emergency shelter" is housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter in this facility because of an inability to pay. However, emergency shelter providers are not obligated to accept individuals if the shelter is at maximum capacity.

(Ord. 449, 2013)

"Employee Housing" means housing as defined in California Health and Safety Code § 17008 as it may be amended or modified.

(Ord. 466, 2016)

"Family" means one person or more living together in a building or part of it designed for occupation as a residential domestic unit as distinguished from a hotel, club, fraternity or sorority house, dormitory, or boardinghouse. A family includes servants employed by the family.

(Ord. 440, 2012; Ord. 466, 2016)

"Fence" means any structure forming a physical barrier by means of vegetation, wood, wire, masonry, metal, synthetic, or other comparable materials.

(Ord. 375, 2004)

A "Home Occupation" is a limited commercial activity customarily conducted entirely within a residential dwelling, by a person residing in the dwelling unit, which is clearly a subordinate and incidental use of such dwelling as a residence.

(Ord. 357, 2001)

"Household pets" mean small domesticated or caged animals commonly kept indoors and primarily for pleasure, including dogs, cats, pot bellied pigs, mice, fish, birds, small reptiles, and similar animals. Household pets shall not include dangerous or potentially dangerous animals as determined under Article 416-12.4 of the Contra Costa County Code and for which a permit has not been issued under Section 416-12.408 thereof. The number of larger animals kept on a single lot shall be limited to: no more than five (5) of any combination of dogs or three (3) pot bellied pigs over six (6) months of age shall be allowed.

(Ord. 395, 2006)

A.

"Lot" is a parcel or area of land occupied or to be occupied by a building and buildings accessory thereto, or by a group of dwellings and buildings accessory thereto, together with such open spaces and setbacks as are required by the provisions of this title, having an area not less than the minimum area required by the provisions of this title for a building site in the district in which such lot is situated.

B.

In computing the area of a lot, those portions lying within the exterior boundaries of an existing or proposed public road, street, highway, right-of-way, or easement owned, dedicated, or used for purposes of vehicular or pedestrian access shall not be included in order to satisfy minimum area, setback, or dimensional requirements.

(Ord. 52, 1968; Ord. 375, 2004)

"Corner lot" means a lot located at the intersection of two (2) or more streets (or vehicular access easement serving more than three (3) lots), which has an angle not exceeding one hundred thirty-five (135) degrees.

(Ord. 375, 2004)

"Depth of a lot" is the distance normal to the frontage to the point of the lot farthest from the frontage.

(Ord. 52, 1968)

"Lot frontage" is the distance measured between the two (2) points on the principal road, street, or access that are farthest apart.

(Ord. 52, 1968)

"Lot line" means any boundary of a lot.

A.

"Exterior lot line" means any lot line, other than the front lot line, abutting a street or vehicular access easement.

B.

"Front lot line" means, on an interior lot, the lot line abutting a street (or vehicular access easement), or, on a corner lot, either of the lot lines abutting a street (or vehicular access easement) designated as the primary frontage or, on a through lot, the lot line abutting the street (or vehicular access easement) providing the primary means of access to the lot, or, on a flag lot, the interior lot line most parallel to and nearest the street (or vehicular access easement) from which the means of access is obtained, except that where the average width of a flag lot exceeds its average depth and the longer dimension is considered the depth, the front lot line will be the property line from which the front setback is measured.

C.

"Interior lot line" means any lot line not abutting a street or vehicular access easement.

D.

"Rear lot line" means the lot line not intersecting a front lot line which is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.

E.

"Side lot line" means any lot line which is not a front or rear lot line.

(Ord. 375, 2004)

"Through lot" means a lot, other than a corner lot, having frontage on two (2) parallel, or approximately parallel streets (or vehicular access easements).

(Ord. 375, 2004)

"Manufactured Home" means a single-family dwelling transportable in one or more sections constructed to a federally preemptive standard.

(Ord. 425, 2009)

For purposes of this Code, medical and adult-use cannabis uses and related terms shall be as defined in Section 17.95.010.

(Ord. 448, 2013; Ord. 461, 2016; Ord. 479, § 2, 2017)

Editor's note— Ord. 479, § 2, adopted Nov. 21, 2017, amended § 17.04.138 and in so doing changed the title of said section from "Medical Cannabis Use" to "Medical and Adult-Use Cannabis Uses," as set out herein.

"Mixed Use" means properties on which various uses, such as residential, commercial, or institutional, are combined in a single building or on a single site (including contiguous lots) in a development project with significant functional interrelationships and an integrated physical design.

(Ord. 402, 2007)

"Mobilehome" means a moveable dwelling retaining an axle with no permanent foundation, but connected to utility lines and set more or less permanently at a location.

(Ord. 425, 2009)

"Mobilehome Park" means any area or tract of land where one or more mobilehome lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for human habitation.

(Ord. 425, 2009)

"Mobile Food Vendor" means any vehicle, pushcart, trailer, wagon, portable stand or temporary location, designed or used or intended to be used, by or for any one or more of, but not limited to, the following persons and/or uses: bakery distributor, fish or meat peddler, food salvage distributor, fruit, nut and/or vegetable distributor, grocery distributor, commercial or industrial catering, food cooking and/or preparation unit, and itinerant restaurant. It includes, but is not limited to, any vehicle, pushcart, trailer, wagon, portable stand or temporary location, from which animal food, bakery products, fish, shell fish, seafood, fruits and nuts, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, fresh, frozen or non-perishable food or food products, ice cream, shaved ice or yogurt products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail, or are distributed to the consumer. See Section 17.36.084 for permits required and regulations.

(Ord. 458, 2015)

"Mobile Retail Vendor" means any vehicle, pushcart, trailer, wagon, portable stand or temporary location, designed or used or intended to be used, by or for any one or more of, but not limited to, the following persons and/or uses: sales of non-perishable goods, items or merchandise, new or used, including but not limited to art or art objects, auto parts or equipment, candles, electronic equipment, handmade crafts, housewares, household goods, flowers, flags, furniture, jewelry, landscape plants and goods, rugs, sports equipment or memorabilia, yard ware and yard accessories, or other similar items which are sold or kept for sale at retail, or are distributed to the consumer. See Section 17.36.84 for permits required and regulations.

(Ord. 458, 2015)

"Mobile Vendor" means any business, person or use defined as either a Mobile Food Vendor or as a Mobile Retail Vendor.

(Ord. 458, 2015)

"Nonconforming use" means a use of land, building, or structure on land that does not conform to this title for the district in which it is situated.

(Ord. 52, 1968; Ord. 458, 2015)

"Off-street loading facility" means that portion of a site which is not located on a street and is devoted to the loading or unloading of a motor vehicle or trailer, including a loading space, aisle, and driveway.

(Ord. 408, 2007; Ord. 458, 2015)

"Off-street parking facility" means that portion of a site which is not located on a street and is devoted to the parking of a motor vehicle, including a parking space, aisle, and driveway.

(Ord. 408, 2007; Ord. 458, 2015)

A.

"Active open space" means an outdoor area on the ground, roof, balcony, deck, or porch which is designed and used for outdoor living, recreation, pedestrian access, or landscaping. The area shall not be for the use of parking, vehicular movements, or storage.

B.

"Passive open space" means an area which provides visual relief to developed areas, exclusive of any area devoted to parking, vehicular movements, storage, private use (unless subject to development restrictions by a conservation easement), or any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding lands.

(Ord. 402, 2007)

"Parolee Home" means any residential or commercial building, structure, unit or use, including a hotel or motel, whether owned and/or operated by an individual or for-profit or non-profit entity, which houses two (2) or more parolees, that is not operated as a single housekeeping unit, in exchange for monetary or non-monetary consideration given and/or paid by the parolee and/or any individual or public/private entity on behalf of the parolee.

(Ord. 483, § 2, 2018)

"Parolee" shall include probationer, and shall mean any of the following:

A.

An individual convicted of a federal crime, sentenced to a United States Federal Prison, and received conditional and revocable release in the community under the supervision of a Federal parole officer;

B.

An individual who is serving a period of supervised community custody, as defined in Penal Code § 3000, following a term of imprisonment in a State prison, and is under the jurisdiction of the California Department of Correction, Parole and Community Services Division;

C.

A person convicted of a felony who has received a suspension of the imposition or execution of a sentence and an order of conditional and revocable release in the community under the supervision of a probation officer; and

D.

An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional revocable release in the community under the supervision of a youth authority parole officer.

As used herein, the term "parolee" includes parolees, probationers, and/or persons released to post-release community supervision under the "Post-release Community Supervision Act of 2011" (Penal Code § 3450 et seq.) as amended or amended in the future.

(Ord. 483, § 3, 2018)

"Permanently uninhabited land" is any uninhabited parcel of land dedicated for public use, whether publicly or privately owned, i.e., parks, recreational areas and golf courses.

(Ord. 83, 1970; Ord. 52, 1968)

Includes garage and yard sales and shall mean a sale conducted at the residence of the owner's used goods or products produced or made on the premises. Any such sale shall comply with the provisions of Sections 17.16.020 E or 17.28.060 as applicable.

(Ord. 420, 2009)

"Qualified applicant" is any person or firm, or authorized agent having written authority to act, having a freehold interest in the subject land; or having a possessory interest entitling him to exclusive possession; or having a contractual interest which may become a freehold or exclusive possessory interest and is specifically enforceable.

(Ord. 52, 1968)

"Retail business" means the sale, barter, and exchange of retail goods, wares, merchandise, or other personal property or any interest in them for profit or livelihood.

(Ord. 414, 2008)

"Setback" means a required open space on a lot which is unoccupied by buildings and unobstructed by structures from the ground upward, except for uses and structures allowed by the provisions of this Title. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building or other structure.

A.

"Front setback" means a setback measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line.

B.

"Rear setback" means a setback measured into a lot from the rear lot line, extending the full width of the lot between the side lot lines intersecting the rear lot line.

C.

"Side setback" means a setback measured into a lot from a side lot line, extending between the front setback (or front lot line where no front setback is required) and the rear setback (or rear lot line where no rear setback is required). An exterior side setback is a side setback measured from an exterior side lot line; an interior side setback is a side setback measured from an interior side lot line.

(Ord. 375, 2004)

"Single housekeeping unit" means that the use of the dwelling unit satisfies each of the following criteria:

A.

The residents have established ties and familiarity and interact with each other.

B.

Membership in the single housekeeping unit is fairly stable as opposed to transient or temporary.

C.

Residents share meals, household activities, expenses, and responsibilities.

D.

All adult residents have chosen to jointly occupy the entire premises of the dwelling unit; and they each have access to all common areas.

E.

If the dwelling unit is rented, each adult resident is named on and is a party to single written lease that gives each resident joint use and responsibility for the premises.

F.

Membership of the household is determined by the residents, not by a landlord, property manager, or other third party.

G.

The resident activities of the household are conducted on a nonprofit basis.

H.

Residents do not have separate entrances or separate food-storage facilities, such as separate refrigerators, food-prep areas, or equipment.

(Ord 483, § 4, 2018)

"Single-Room Occupancy" or "SRO" means a type of residential hotel offering one-room units for long-term occupancy by one or two (2) people. SROs may have kitchen or bath facilities (but not both) in the room.

(Ord. 440, 2012)

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above the basement or cellar is more than six (6) feet above grade at any point, such basement or cellar shall be considered a story.

(Ord. 52, 1968)

"Structure" means anything constructed or erected and permanently attached to land, other than a building as defined in this chapter, except sidewalks, pipes, meters, meter boxes, manholes, mailboxes, poles and wires and appurtenant parts of all devices for the transmission and transportation of electricity and gas for light, heat or power, devices for the transmission of telephone and telegraphic messages, and devices for the transportation of water.

(Ord. 52, 1968)

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

(Ord. 440, 2012)

"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.

(Ord. 440, 2012)

"Used" includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.

(Ord. 52, 1968)