For the purposes of defining this code, words, phrases, and terms shall have the meaning that is defined in this chapter. Words that are not defined in this chapter shall be defined as contained in the latest unabridged edition of the Webster’s Dictionary.

(A) When consistent with usage in the text, singular number includes the plural, and words in the plural include the singular.

(B) The words “shall,” “will,” “must,” and “is” denote a mandatory action.

(C) The word “may” or “should” indicate permissive actions.

(D) Definition of the use does not imply that the use exists legally. (Ord. CCO-09-02, 2009; Ord. 258 § 2.2, 1967)

“Abut,” “abutting,” or “adjoining” all mean contiguous to or touching. (Ord. CCO-09-02, 2009)

“Accepted farming practice” means a land use to produce plant or animal products utilizing customary, safe, and adequate techniques for crop management, harvesting, and marketing. (Ord. CCO-09-02, 2009)

“Accepted mining practice and site reclamation” means the operation of a mineral extraction facility and restoration of the site in conformance with the requirements of the General Plan Conservation Element, this title, and the regulations of the California Division of Mines and Geology. (Ord. CCO-09-02, 2009)

“Accepted timber practice” means the management of forest lands for growth, harvest, and production of timber and timber resources in a manner consistent with the Northern District Forest Practices Act. (Ord. CCO-09-02, 2009)

“Access” means the physical means by which an individual in a vehicle is able to enter upon public or private property from a street. “Ingress” and “egress” are other words for access. (Ord. CCO-09-02, 2009)

“Accessory dwelling” means either an attached or detached dwelling unit which provides potential living facilities for one or more persons, and exceeds the permitted density for a parcel by one unit. (Ord. CCO-09-02, 2009)

(A) “Accessory use” means a land use that is associated with an existing permitted or conditional use within a zoning district.

(B) “Accessory structure” means a usual and customary building normally associated with a permitted or conditional use. (Ord. CCO-09-02, 2009)

“California Code of Regulations (CCR)” means the administrative code used to implement State legislation as approved by the Office of Administrative Law. (Ord. CCO-09-02, 2009)

“Administrative permit” means any permit listed in MSMC 18.20.080 and is issued as a ministerial act by the City. (Ord. CCO-09-02, 2009)

“Aggrieved party” means a person, organization, corporation, concerned citizen, or any individual or group which demonstrates to the appropriate reviewing body that they have an interest, either financial or otherwise, in property affected by the decision of the original decision maker. (Ord. CCO-09-02, 2009)

“Agriculture equipment sales” means a business which is primarily engaged in the sale of equipment, vehicles, materials, supplies, and tools to serve farming, ranching or timber interests and businesses. (Ord. CCO-09-02, 2009)

“Agriculture product processing, canning” means the conversion of raw agriculture products into marketable commodities. (Ord. CCO-09-02, 2009)

“Agriculture product sales” means the sale of food or fiber commodities from the property where produced. (Ord. CCO-09-02, 2009)

“Airport” or “heliport” means a place on land or water where aircraft may land and take off, receive and disembark passengers or cargo, take on fuel, purchase accessories or obtain service or repair. “Airstrip” also means airport. (Ord. CCO-09-02, 2009)

“Alley” means a public or private thoroughfare which affords a secondary means of access to abutting property. (Ord. CCO-09-02, 2009; Ord. 258 § 2.201, 1967)

“Apartment” means a dwelling unit located within a structure that contains one or more attached dwelling units in which the units are available for rent or lease. “Apartment” also means an individual unit within a multiple-family residential development. (Ord. CCO-09-02, 2009; Ord. 258 § 2.202, 1967)

“Apartment complex” means a multiple-family residential project or development. (Ord. CCO-09-02, 2009)

“Area” means a piece of land that can be definitively described and located with specific boundaries. (Ord. CCO-09-02, 2009)

“Automobile sales” means a land use in which the primary business is based upon retail or wholesale transactions involving the transfer of title to motor vehicles including automobiles, light utility vehicles, trucks, motorcycles, recreational vehicles, and all-terrain vehicles, including mobile homes. (Ord. CCO-09-02, 2009)

“Automobile service” means a land use which is involved in the business of repairing and maintaining motor vehicles. (Ord. CCO-09-02, 2009)

“Automobile service station” means any place where motor fuel or lubricating oil or grease is offered for sale to the public and deliveries are made directly into vehicles. (Ord. CCO-09-02, 2009; Ord. 258 § 2.259, 1967)

“Automobile wrecking yard” means a land use which is based on the storage, accumulation, rebuilding, reconditioning, and/or sale of vehicles, whether running or not, vehicle parts, and/or vehicle materials. (Ord. CCO-09-02, 2009)

“Bar, club, or lounge” means a land use in which the primary activity is the sale of alcoholic beverages for on-site consumption. A bar, club, or lounge may also provide entertainment for its patrons. (Ord. CCO-09-02, 2009)

“Base zoning district” means the underlying zone that dictates land use and primary development standards. (Ord. CCO-09-02, 2009)

“Bed and breakfast” or “B and B” inns and facilities means the rental of rooms or space within a new or existing structure for the purpose of providing overnight accommodations for paying guests, with not more than one meal, that being breakfast, to be provided daily to residents of the inn. The entire service offered is to be included in one stated price. (Ord. CCO-09-02, 2009; Ord. CCO-94-04, 1994)

“Billboard” means outdoor sign advertising, promoting or informing of a business, product, issue or activity which takes place or is available at a location other than the location of the billboard. (Ord. CCO-09-02, 2009)

“Block” means all property facing one side of the street or between a street and the railroad right-of-way, property along a dead-end street, or unsubdivided land. The intercepting street determines only the boundary of the block on the side of the street that it intercepts. (Ord. CCO-09-02, 2009; Ord. 258 § 2.203, 1967)

“Bottling plant” means a land use in which beverages, including spring water, are processed for sale, resale, or distribution. (Ord. CCO-09-02, 2009)

“Building” means structure. (Ord. CCO-09-02, 2009; Ord. 258 § 2.205, 1967)

“Building footprint” means the gross land area in square feet covered by a building as measured at its perimeter foundation walls. (Ord. CCO-09-02, 2009)

“Building intensity” means the percentage of gross land area covered over by the building footprint of a nonresidential structure or land use. (See also “building footprint” (MSMC 18.08.160).) (Ord. CCO-11-05 § 57, 2011; Ord. CCO-09-02, 2009)

“Building Official” or “Building Inspector” means the department head or person in charge of the City Building Department or performing the City’s building inspections. (Ord. CCO-09-02, 2009)

“Building setback” means the distance from a property line or the centerline of a road easement or right-of-way to the edge of the foundation stem wall of any building. (Ord. CCO-09-02, 2009)

“Building site” means the portion of a parcel upon which a building is proposed to be constructed. (Ord. CCO-09-02, 2009; Ord. 433, 1987; Ord. 392, 1981; Ord. 329, 1975; Ord. 258 § 2.208, 1967)

“Business” means a land use established for the purposes of commerce and as a means of generating revenue or income. (Ord. CCO-09-02, 2009; Ord. 258 §§ 2.209, 2.210, 1967)

“Campground” means a parcel of land upon which individuals may occupy locations for overnight accommodations in a recreational vehicle or tent. (Ord. CCO-09-02, 2009)

“Carport” means a structure which is attached or detached from another building, and which is open on at least two sides with a covering for vehicle storage. (Ord. CCO-09-02, 2009; Ord. 258 § 2.221, 1967)

“Cemetery” means a place for the internment of the remains of the deceased either by burial, cryostorage, mausoleum, or cremation. (Ord. CCO-09-02, 2009)

“Centerline” means the line located equidistant from the edges of an easement or right-of-way. Centerline of a road right-of-way or easement does not mean the center of the physical location of the road. (Ord. CCO-09-02, 2009)

“Church” means a land use that is used for the purposes of conducting religious services. Whether or not any reference is made, a church includes all other places of worship for any denomination. (Ord. CCO-09-02, 2009)

“City CEQA guidelines” means the adopted local procedures and guidelines for implementation of the California Environmental Quality Act (CEQA) in the City of Mt. Shasta. (Ord. CCO-09-02, 2009)

“City Planner” means the person appointed to assist the City with planning-related matters. (Ord. CCO-09-02, 2009)

“Clinic” means a land use which is established for the purposes of providing a health or lifestyle related service. (Ord. CCO-09-02, 2009)

“Combining district” or “combining zone” means a land use classification that combines with a base zone to add additional planning opportunities to the use of land. (Ord. CCO-09-02, 2009; Ord. 258 § 2.211, 1967)

“Commercial” means a use related to commerce and the production of revenue or income. (Ord. CCO-09-02, 2009)

“Commercial agriculture” means a land use that produces agricultural products for sale or other forms of commerce. (Ord. CCO-09-02, 2009)

“Common area” means a parcel or parcels that are part of a subdivision which are retained in the common ownership of the property owners of the subdivisions for common use or development. Common area parcels may not be separately sold or developed for other than common use. (Ord. CCO-09-02, 2009)

“Conditional use permit” means a land use permit issued in a zone for uses which have the potential to be incompatible with neighboring land uses and zoning and are to be permitted following a public hearing in which interested parties have the opportunity to comment. “Use permit” also means conditional use permit. (Ord. CCO-09-02, 2009)

“Condominium” means as defined in the Cal. Civ. Code § 1351(f). (Ord. CCO-09-02, 2009)

“Construction” means the physical development of a parcel, including site excavation and grading, framing and finishing, up to the point of final inspection, use, or occupancy, whichever occurs first. (Ord. CCO-09-02, 2009)

“Consumer service” means a business which derives its principal revenue from offering an intangible product for sale, or provides a service. (Ord. CCO-09-02, 2009)

“Contractor’s equipment yard” means a parcel of land that is used for the temporary or ongoing outside storage of equipment, tools, materials, and vehicles used in the performance of a contractor’s business. (Ord. CCO-09-02, 2009)

“Customer area” means that portion of a structure that is used for the purposes of transacting business, purchasing, or selling products or services, and does not include any portion of the structure used for warehousing or storage which are inaccessible to public use. (Ord. CCO-09-02, 2009)

“Date of the decision” granting or denying a permit under this title means the date on which the decision is announced. (Ord. CCO-09-02, 2009)

(A) “Day care center” means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers.

(B) “Family day care home” means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

(C) “Large family day care home” means a home that provides family day care for seven to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in the California Health and Safety Code.

(D) “Small family day care home” means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home, as set forth in the California Health and Safety Code.

(E) “Adult day program” means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis. (Ord. CCO-09-02, 2009)

“Dead storage” means the keeping of a motor vehicle including recreational vehicle, travel trailer, trailer, or mobile home so that it cannot be inhabited. (Ord. CCO-09-02, 2009)

“Density” means either of the following:

(A) For residential use, density means the number of dwelling units per acre.

(B) For nonresidential development, density means the percentage of lot coverage. (Ord. CCO-09-02, 2009)

“Density bonus” means approval of additional housing units for low and very low income residents consistent with the provisions of Cal. Gov’t Code § 65915. (Ord. CCO-09-02, 2009)

“Density bonus unit” means one of the additional housing units permitted by a density bonus approval. (Ord. CCO-09-02, 2009)

“Density transfer” means the exchanging of permitted density within a proposed subdivision so that the number of parcels or lots created is equal to the number permitted by the General Plan, but individual lots or parcels are potentially smaller than the minimum parcel size designation. (Ord. CCO-09-02, 2009)

“Director of Public Works” means the head of the Public Works Department, who also may serve in other positions. (Ord. CCO-09-02, 2009)

For purposes of this title, “disability” shall have the same meaning as that term has in Section 12926 of the California Fair Employment and Housing Act, and Section 12211 of the Federal Americans with Disabilities Act (42 USC 12211). (Ord. CCO-10-03 § 1, 2010)

“Downtown” means that area of the commercial district which is contained within the boundaries of the downtown commercial land use designation as shown in the Land Use Element of the General Plan. (Ord. CCO-09-02, 2009)

“Duplex” means a dwelling unit that consists of two independent units that are attached. (Ord. CCO-09-02, 2009)

“Dwelling” means any building or portion thereof designed or used for habitation or residential occupancy.

(A) “Dwelling, single-family” means any building or portion thereof which contains one dwelling unit.

(B) “Dwelling, two-family” (or duplex) means any building or portion thereof which contains two dwelling units.

(C) “Dwelling, three-family” (or triplex) means any building or portion thereof which contains three dwelling units.

(D) “Dwelling, multiple-family” means any building or portion thereof which contains four or more dwelling units. Dwelling, multiple-family means the same as “multiple-family residential.” (Ord. CCO-09-02, 2009; Ord. 258 §§ 2.214 – 2.218, 1967)

“Dwelling unit” means a single dwelling for human habitation. (Ord. CCO-09-02, 2009)

“Easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land. (Ord. CCO-09-02, 2009)

“Electrical/electronic component assembly” is a use in which the manufactured goods are assembled from components manufactured elsewhere. (Ord. CCO-09-02, 2009)

“Electrical/electronic component manufacturing” is a use in which components for use in electronic equipment are manufactured from raw materials. (Ord. CCO-09-02, 2009)

“Emergency shelter” means temporary housing with minimal supportive services for persons experiencing homelessness, which is limited to occupancy of six months or less, and is operated by a government agency or private nonprofit organization. Emergency shelters may be in the form of dormitory or congregate housing, or individual shelters. Operations may be seasonal or year-round and client services may be offered, including but not limited to counseling, medical evaluation, and job/life skills training, in addition to food and sanitation facilities, which may include showers, pursuant to Cal. Gov’t Code § 65582(h). Emergency shelters shall include interim housing interventions including but not limited to a navigation center, bridge housing, and respite or recuperative care. No individual or household may be denied housing and shelter because of inability to pay. (Ord. CCO-23-10, 2023; Ord. CCO-10-03 § 1, 2010)

“Exterior side parcel line” means a parcel line, other than the front or rear parcel, that is adjacent to a public or private roadway. (Ord. CCO-09-02, 2009)

“Family” means a group of individuals with a common bond by means of blood, marriage, or conscientiously established relations living together as a housekeeping unit sharing a dwelling unit. Clients of a group home subject to Cal. Health and Safety Code § 1501 are not deemed a family for purposes of this title. (Ord. CCO-09-02, 2009; Ord. 258 § 2.219, 1967)

“Fence” or “wall” means a structure constructed of posts, supports, and cross members that serves as an obstruction to mark property lines or delineate or restrict access to a portion of property. Fences for the purpose of this chapter include walls, hedges, and screen plantings. (Ord. CCO-09-02, 2009; Ord. 258 § 2.220, 1967)

“Flea market” means an interim or temporary land use in which a series of booths, tables, or other temporary display areas are set up in which an individual, persons, vendors, group, organization, or business establish a retail trade. A commercial flea market may offer both new and used merchandise.

(A) “Yard sale” or “garage sale” each mean a noncommercial flea market that is established for an individual or group of fewer than 12 families to sell used merchandise or belongings.

(B) A flea market involving 12 or more families is considered a commercial flea market and a retail business, unless it is sponsored by, and all proceeds go to, a nonprofit organization. (Ord. CCO-09-02, 2009)

“Floating zone” means an unmapped zoning district whose standards are described in the text of the zoning ordinance but are applied to land only through a rezoning approval of a proposed development meeting the district’s standards, and stated criteria for approval. (Ord. CCO-09-07, 2009)

“Floodplain” means an area of land subject to periodic flooding. (Ord. CCO-09-02, 2009)

“Front parcel line” means the narrowest property line adjacent to a public or private street, regardless of the address, orientation or location of the entrance for the structure. In the case of a flag lot, the front is the property line that is perpendicular to the access roadway from which the parcel gains access. (Ord. CCO-09-02, 2009)

“Garage” means a structure intended for use for storage of vehicles and other items. This definition does not replace the definition of a garage in the Uniform Building Code. A garage may be incorporated within a building. (Ord. CCO-09-02, 2009; Ord. 258 § 2.221, 1967)

“General Plan” means the City of Mt. Shasta General Plan as currently adopted including all amendments. (Ord. CCO-09-02, 2009)

“General vicinity” or “proximity” means the parcels of land surrounding or near a subject property which have the potential to be affected by the proposed land use or land usage of the subject property. General vicinity or proximity cannot be defined by a specific distance or direction in that one type of land use may impact a greater area than another type of land use. (Ord. CCO-09-02, 2009)

“Government Code” means the California Government Code. (Ord. CCO-09-02, 2009)

“Gross floor area” means the sum of the areas of the several floors of the building, including basements, cellars, mezzanine and intermediate floored tiers and penthouses of headroom height, measured from the exterior faces of exterior walls or from the centerline of walls separating buildings, but excluding:

(A) Covered walkways, open roofed-over areas, porches and similar spaces.

(B) Pipe trenches, exterior terraces or steps, chimneys, roof overhangs and similar features. (Ord. CCO-09-02, 2009)

“Gross land area” means the area of land before easements, dedication or other reductions in parcel area. (Ord. CCO-09-02, 2009)

“Group care home” means any residential facility, family home, or similar facility determined by the planner, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. (Ord. CCO-09-02, 2009)

“Height” means the vertical distance from the average base elevation to the highest point on the structure, excluding chimneys, antennas, and similar nonstructural elements. Average base elevation is determined by taking the elevation of the lowest point at the ground, and the elevation of the highest point at the ground, and finding the average. (Ord. CCO-09-02, 2009; Ord. 258 § 2.225, 1967)

“Heliport” means “airport” as defined in MSMC 18.08.080. (Ord. CCO-09-02, 2009)

“Highway” means a State route as shown in the General Plan. (Ord. CCO-09-02, 2009)

“Home-based business” or “home occupation” means a business located in a home that is subservient to the use of the dwelling as a residence. (Ord. CCO-09-02, 2009)

“Hospital” means a land use in which intensive and general medical care is provided for patients on an emergency, inpatient and outpatient basis. (Ord. CCO-09-02, 2009)

“Hotel” means a land use in which there are six or more rooms for transient occupancy. “Motel” and “hotel” are synonymous. (Ord. CCO-09-02, 2009; Ord. 258 § 2.226, 1967)

“Household pets” means domestic animals or birds normally kept in the house for company or pleasure and not for profit. Household pets include, but are not limited to, dogs, cats, pot-bellied pigs, rabbits, fish, gerbils, hamsters, canaries, parakeets, parrots, and cockatiels, provided they are not raised for commercial purposes. (Ord. CCO-09-02, 2009)

“Human scale” refers to building elements bearing a definite relationship to the human in dimension; a component that the human can associate with directly. The relationship between the dimensions of the human body and the proportion of the spaces which people use. Human scale design typically reflects the elements listed below:

(A) Buildings that avoid long, monotonous, uninterrupted walls or roof planes. Blank, windowless walls are generally avoided along street frontages. Where solid walls are required by building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills, lintels, or, if the building is occupied by a commercial use, by using recessed or projecting display window cases;

(B) Structures that incorporate awnings or arcades. (Ord. CCO-09-02, 2009)

“Indemnification” means compliance with a request to relieve the City of liability or to accept the costs for defending the City from any action brought as a result of the project. (Ord. CCO-09-02, 2009)

“Industry” means the manufacturing, fabrication, processing, reduction or assembly of any article, substance or commodity which results in a new product from the original materials. (Ord. CCO-09-02, 2009)

“Intensity” means the same as “building intensity” as described in the Mt. Shasta General Plan. (Ord. CCO-09-02, 2009)

“Interior side parcel line” means a parcel line that is not adjacent to any public or private roadway. (Ord. CCO-09-02, 2009)

“Intermittent” means coming and going at intervals; not continuous. (Ord. CCO-09-02, 2009)

“Junk” means, and is not limited to, trash; refuse; paper; glass; cans; bottles; rags; ashes; trimming from lawns, yards, trees, and shrubbery, including plants and leaves; and other solid waste or salvageable materials other than garbage; inoperable appliances, parts, and tools; inoperable and unregistered vehicles; vehicle parts; vehicle hulks; discarded furniture; dirt; rocks; and materials from the demolition, alteration or construction of buildings or structures, unless such dirt, rocks, or other materials from demolition, alteration or construction are being used for purposes of fill. (Ord. CCO-09-02, 2009)

“Junkyard” means a place in which junk (as defined in MSMC 18.08.490), salvaged materials or products, scrap, or other waste materials are stored, broken up, dismantled, sorted, distributed, or sold privately or commercially. (Ord. CCO-09-02, 2009; Ord. 258 § 2.227, 1967)

“Kennel” means a land use where four or more dogs four months or older and/or four cats six weeks or older are bred, raised, trained, or boarded. (Ord. CCO-09-02, 2009)

“Landfill” means a parcel of land that is used for the storage of solid waste. Landfill classifications are determined by the Central Valley Regional Water Quality Control Board. (Ord. CCO-09-02, 2009)

“Landscaping” means the replacement of developed or excavated areas of a parcel with introduced new living vegetation, shrubbery, trees, ground cover and combinations thereof. (Ord. CCO-09-02, 2009)

“Large animals” shall mean any animal other than a household pet which is usually kept out of doors, including but not limited to emus, horses, cattle, llamas, goats, swine, and ostriches. (Ord. CCO-09-02, 2009)

“Legal description” means the terminology, words, mapping, or language contained in a deed or other document describing the location of a parcel of land or location of an easement. (Ord. CCO-09-02, 2009)

“Livestock” means domestic farm animals such as cattle, sheep, swine, horses, goats, donkeys, mules, burros, rabbits, poultry (including all domesticated fowl and wild birds reduced to captivity), and exotic animals such as American bison, llamas, and similar animals being raised under conditions similar to other domestic farm animals. (Ord. CCO-09-02, 2009)

“Living area” means the interior habitable area for a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (Ord. CCO-09-02, 2009)

“Lot” means a building site. (Ord. CCO-09-02, 2009; Ord. 258 § 2.229, 1967)

“Lot coverage” means the percent of lot area covered by all building footprints. (Ord. CCO-09-02, 2009)

“Lot depth” means the average distance from the property line fronting a road or road easement to the rear or opposite property line. (Ord. CCO-09-02, 2009; Ord. 392, 1981; Ord. 258 § 2.230, 1967)

“Lot frontage” means the width of the lot fronting on a road or private road easement, measured along the property line. (Ord. CCO-09-02, 2009)

“Lot line adjustment” means a change in the location of a parcel or lot line pursuant to the Subdivision Map Act. (Ord. CCO-09-02, 2009)

“Lot width” means the distance from one side property line to the other side property line measured along the building setback line. (Ord. CCO-09-02, 2009; Ord. 258 § 2.242, 1967)

“Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 USC 5401, and following). (Ord. CCO-09-02, 2009)

“Mitigation monitoring and reporting program (MMRP)” means a program adopted in conformance with the Public Resources Code and City of Mt. Shasta CEQA guidelines. The MMRP is adopted as a set of development standards, phasing specifications, and reporting requirements used to carry out adopted environmental mitigation measures for a project. (Ord. CCO-09-02, 2009)

“Mobile home,” for the purposes of this title, means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Mobile home” includes any structure that meets all the requirements of this section and complies with the State standards for mobile homes in effect at the time of construction. “Mobile home” does not include a commercial modular, as defined in Cal. Health and Safety Code § 18001.8, factory-built housing, as defined in Cal. Health and Safety Code § 19971, a manufactured home, as defined in Cal. Health and Safety Code § 18007, a multifamily manufactured home, as defined in Cal. Health and Safety Code § 18008.7, or a recreational vehicle, as defined in Cal. Health and Safety Code § 18010. (Ord. CCO-09-02, 2009)

“Mobile home park” is any area or tract of land where two or more mobile home lots (spaces) are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of residential ownership, to accommodate manufactured homes or mobile homes used for human habitation. (Ord. CCO-09-02, 2009)

“Modular homes” are factory-built homes constructed to comply with the California Building Standards Code which are monitored by local jurisdictions. (Ord. CCO-09-02, 2009)

“Motel” means a land use in which there are six or more rooms for transient occupancy. “Motel” and “hotel” are synonymous. (Ord. CCO-09-02, 2009; Ord. 258 § 2.243, 1967)

“Multiple-family residential” means a group of attached dwelling units (four or more) within one structure. Also see “dwelling,” MSMC 18.08.330. (Ord. CCO-09-02, 2009)

(A) “Nonconforming building” means a structure that does not conform to present zoning regulations.

(B) “Nonconforming use” means a land use which does not conform to present zoning regulations.

(C) “Legally existing” means a use that predates present zoning regulations but was legally constructed or established at the time the use or construction first commenced. (Ord. CCO-09-02, 2009; Ord. 258 § 2.244, 1967)

“Nursery” means a business which is primarily engaged in the raising, propagation, growth, or sales of vegetation, plants and supplies. (Ord. CCO-09-02, 2009)

“Occupancy” means the establishment of a use within a structure or upon a parcel of land, including and not limited to installing display fixtures in a completed structure, stocking of inventory, or commencing temporary or permanent residency, whether or not a structure has been subject to an approved final inspection or a certificate of occupancy. (Ord. CCO-09-02, 2009)

“Official plan line” means the boundaries and limits of a planned right-of-way, including the future right-of-way of an existing street or future street as it is proposed to be constructed or widened and including all lands necessary for the construction, widening or maintenance of any road, street, highway, or any other type of public way, which planned right-of-way is based on the General Plan for the City. (Ord. CCO-09-02, 2009)

“Office” means a business establishment for rendering of service or administration, but not including retail sales. (Ord. 258 § 2.245, 1967)

“Off-premises sign” is a sign which identifies a use or business that is not occurring on the site, or identifies a property that is located elsewhere than the site of the sign. (Ord. CCO-09-02, 2009)

“Off-site” means an improvement or other reference concerning a proposed project or subject property which is not located on the parcel under discussion. (Ord. CCO-09-02, 2009)

“On-site” means an improvement or other reference concerning the subject property under discussion. (Ord. CCO-09-02, 2009)

“Open space land,” as defined by Cal. Gov’t Code § 66560, is any parcel or area of land or water that is essentially unimproved and devoted to an open space use as defined in this section, and that is designated on a local, regional or State open space plan as any of the following:

(A) Open space for the preservation of natural resources including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other scientific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lakeshores, banks of rivers and streams, and watershed lands.

(B) Open space used for the managed production of resources, including, but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of groundwater basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply.

(C) Open space for outdoor recreation, including, but not limited to, areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches, and rivers and streams; and areas which serve as links between major recreation and open space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors.

(D) Open space for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.

(E) Open space in support of the mission of military installations that comprises areas adjacent to military installations, military training routes, and underlying restricted airspace that can provide additional buffer zones to military activities and complement the resource values of the military lands.

(F) Open space for the protection of places, features, and objects described in the Public Resources Code. (Ord. CCO-09-02, 2009)

“Outdoor merchandise display” is an incidental outdoor use connected to and operated in conjunction with permanent commercial uses located inside adjacent buildings. Outdoor uses located on or adjacent to public sidewalks as well as privately owned walkways in shopping centers are also outdoor merchandise displays. (Ord. CCO-09-02, 2009)

“Outdoor sales” means permanent or temporary sale or renting of merchandise, including autos, bicycles, lumber, plants, or books, where the business is not conducted entirely within a structure. (Ord. CCO-11-05 § 58, 2011; Ord. CCO-09-02, 2009)

“Parcel” or “lot” means a described area of land within an ownership. (Ord. CCO-09-02, 2009)

“Park” or “playground” means a land use which is established for the purpose of providing passive or active recreation on a public or private basis. (Ord. CCO-09-02, 2009)

“Parking area” means the paved portion of a parcel which is developed for the storage of customer vehicles while the occupants of the vehicles are using the facilities. (Ord. CCO-09-02, 2009; Ord. 258 § 2.246, 1967)

“Permit” means a property development approval issued by the City. (Ord. CCO-09-02, 2009)

“Personal service establishment” means an office or business establishment for the rendering of services or administration which may include some retail sales including but not limited to advertising, barber, cosmetologist, contractor, pest control service, pharmacy, private investigator, cleaning and laundry agency, photographic studio, radio, television and appliance repairs, shoe repair, dressmaking, custom millinery and tailor shop. (Ord. CCO-09-02, 2009; Ord. 258 § 2.249, 1967)

“Planned development” means as defined by Cal. Civ. Code § 1351(k). (Ord. CCO-09-02, 2009)

“Planning Commission” means the body appointed by the City Council to review planning matters assigned pursuant to the City code. (Ord. CCO-09-02, 2009)

“Planning Department” means the City appointed staff to the planning agency (the City Council and its appointed committees and commissions). (Ord. CCO-09-02, 2009)

“Professional office” means an office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, clergyman, dentist, doctor, engineer, optometrist, podiatrist, physical therapist, social worker, or surveyor, excluding but not limited to: advertiser, barber, cosmetologist, contractor, pest control, pharmacy, private investigator, veterinary or other service establishment. (Ord. 258 § 2.250, 1967)

“Property line” means the legal boundary of a parcel also known as the parcel line. (Ord. CCO-09-02, 2009)

“Public agency” means a political subdivision, Federal, State, or local government or its departments, or governmental jurisdictions or districts. (Ord. CCO-09-02, 2009)

“Public Resources Code” means the California Public Resources Code, also written PRC. (Ord. CCO-09-02, 2009)

“Public services” means services needed for development of a parcel of land. This may include, and is not limited to, electricity, access, water, sewage disposal, and telecommunications. (Ord. CCO-09-02, 2009)

“Public utility” means a public or private business which provides a general service to the public, such as telecommunications, electricity, water, or other services. (Ord. CCO-09-02, 2009)

“Rear side parcel line” means a parcel line opposite the front property line. (Ord. CCO-09-02, 2009)

“Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motor power, designed for human habitation for recreational, emergency, or other occupancy, which meets the following criteria:

(A) It contains less than 320 square feet of internal living area, excluding built-in equipment such as closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

(B) It contains 400 square feet or less of gross area measured at maximum horizontal projections.

(C) It is built on a single chassis.

(D) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit. (Ord. CCO-09-02, 2009)

“Recreational vehicle park” means any area or tract of land or a separate section within a mobile home park, where two or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tents. (Ord. CCO-09-02, 2009)

“Recreational vehicle storage” means a commercial activity in which recreational vehicles are garaged either within a building or an open enclosure for payment of a rental fee. (Ord. CCO-09-02, 2009)

“School” means any building used for educational purposes through grade 12 and used for more than 12 hours per week, or four hours in any one day. (Ord. CCO-11-05 § 59, 2011; Ord. CCO-09-02, 2009; Ord. 258 § 2.257, 1967)

“Trade school” means a private educational facility devoted to instruction in particular crafts, trades or skills such as dancing, business colleges, beautician and barber schools, radio and television schools. (Ord. 258 § 2.258, 1967)

“Secondary housing unit” means “accessory dwelling.” (Ord. CCO-09-02, 2009)

“Shopping center” means a commercial center, or group of commercial establishments, planned, developed, managed and maintained as a unit, with common off-street parking provided to serve all uses on the property. (Ord. CCO-09-02, 2009)

“Short-term rental” means a “transient occupancy,” as defined in MSMC 18.08.795, and includes, but is not necessarily limited to, a “hotel,” as defined in MSMC 18.08.450, as well as any rental of a living unit, or portion of a living unit, for a term shorter than a month-to-month tenancy. (Ord. CCO-09-02, 2009; Ord. CCO-97-02, 1997)

“Sight distance area” means the triangular area on the corner of a corner lot in which visibility is needed at street intersections to see oncoming vehicles on the cross street and pedestrians on the cross street sidewalk. The term is also applied to the triangular areas on a lot on both sides of a driveway where the driveway enters the street, in which visibility of oncoming vehicles or pedestrians is needed by a driver exiting the driveway. (Ord. CCO-09-02, 2009; Ord. 258 § 2.263, 1967)

“Sign” means any device as defined in MSMC 8.08.460. (Ord. CCO-11-05 § 60, 2011; Ord. CCO-09-02, 2009; Ord. 258 § 2.262, 1967)

“Single room occupancy (SRO)” means housing units that are restricted to occupancy by no more than two persons and may include a kitchen and/or a bathroom, in addition to a bed. These units are typically comprised of one or two rooms. (Ord. CCO-10-03 § 1, 2010)

“Specific plan area” means an area of the City for which a specific plan has been adopted pursuant to Cal. Gov’t Code Title 7, Division 1. (Ord. CCO-09-02, 2009)

“Structure” means shelter, building, dwelling unit, or other physical development upon the land to house, protect, store, or cover persons or things. (Ord. CCO-09-02, 2009; Ord. 258 § 2.266, 1967)

“Supportive housing” means a residential care facility with no limit on length of stay that is occupied by the target population as defined in subdivision (d) of Cal. Gov’t Code § 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions, or persons whose disabilities originated before the person turned 18), and that is linked to on-site or off-site 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. Any dwelling used for supportive housing is subject to the zone and use standards applicable to the zone in which it is located. (Ord. CCO-10-03 § 1, 2010)

“Temporary” means less than one calendar year, unless otherwise defined in a section of this code for a greater or lesser period. (Ord. CCO-09-02, 2009)

“Transitional housing” means dwellings utilized as rental housing used to facilitate the movement of homeless individuals and families to permanent housing. Homeless persons may live in a transitional dwelling for up to two years. Transitional housing can include single-family or multifamily dwellings, residential care facilities, or boarding houses. Any dwelling used for transitional housing is subject to the zone and use standards applicable to the zone in which it is located. (Ord. CCO-10-03 § 1, 2010)

“Transient occupancy” means paying guests occupying a dwelling unit for periods of less than 30 days. (Ord. CCO-09-02, 2009)

“Use” means the purpose for which land or a building is designed, arranged, or intended or for which either land or a building is or may be occupied or maintained. (Ord. 258 § 2.269, 1967)

“Variance” means an approval granted by the City to alleviate a development hardship caused by the requirements of this code. (Ord. CCO-09-02, 2009)

See “sight distance area” (MSMC 18.08.770). (Ord. CCO-09-02, 2009)

“Yard,” in the context of building setbacks, means the required area between a property line and the required setback line. (Ord. CCO-09-02, 2009; Ord. 258 § 2.271, 1967)