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Shasta Lake City Zoning Code

CHAPTER 17

02 - GENERAL PROVISIONS

17.02.040 - Generally.

Unless otherwise provided, whenever the words or terms listed in this article are used in this title, they shall have the meanings respectively ascribed to them in this article.

(Ord. 97-99 § 1 (part))

17.02.041 - Permit fees.

The fee for each permit and environmental review services shall be as set forth by resolution of the city council.

(Ord. 07-182 § 4)

17.02.045 - Acreage, gross.

"Gross acreage" means the total land area within a lot, including all easements.

(Ord. 97-99 § 1 (part))

17.02.050 - Acreage, net.

"Net acreage" means the total land area within a lot which is usable for yard or building purposes, excluding, but not limited to:

A.

Easements for roads, driveways, improved surface drainages, canals or irrigation ditches (if easements do not exist for drainages, canals or ditches, net acreages shall exclude the actual area of these features), and major utility transmission and gas lines (not including local distribution lines);

B.

The "pole" portion of a flag lot;

C.

A designated floodway.

(Ord. 97-99 § 1 (part))

17.02.055 - Agriculture.

"Agriculture" means the activity of growing and harvesting crops, rearing and managing livestock or bees; the production of plants and animals useful to man. "Agriculture" does not include the processing of agricultural products.

(Ord. 97-99 § 1 (part))

17.02.057 - Agricultural processing plant.

"Agricultural processing plant" means a building, facility, area, open or enclosed, or any location for the refinement, treatment, or conversion of agricultural products where physical, chemical or similar change of an agricultural product occurs. Examples of agricultural processing include, but are not limited to, fruit dehydrators, cold storage houses, hulling operations, and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form including all uses customarily incidental thereto. "Agricultural processing" shall not include wineries, or manufacturing of secondary products using agricultural products such as commercial kitchens, bakeries, breweries, woodworkings and wood processing plants.

(Ord. 97-99 § 1 (part))

17.02.059 - Aircraft.

"Aircraft" means any mechanical contrivance, known or hereafter invented, for use or designed for flight in the air and requiring registration with the Federal Aviation Administration, or needing an airport, landing strip or helipad for landing, take-off or taxiing.

(Ord. 97-99 § 1 (part))

17.02.060 - Airport.

"Airport" means any area of land or water used or intended to be used for the landing and take off of aircraft and appurtenant areas uses or intended to be used for airport buildings, facilities or rights-of-way.

(Ord. 97-99 § 1 (part))

17.02.065 - Alley.

"Alley" means a legal and/or physical access open to public travel, affording a secondary means of vehicular access to abutting lots, and not intended for general traffic circulation.

(Ord. 97-99 § 1 (part))

17.02.070 - Automobile wrecking yards.

See "junk yards."

(Ord. 97-99 § 1 (part))

17.02.075 - Barn.

See "building, agricultural."

(Ord. 97-99 § 1 (part))

17.02.080 - Base flood.

"Base flood" means the flood having a one percent chance of being equaled or exceeding in any given year (i.e., the "one hundred (100) year" flood).

(Ord. 97-99 § 1 (part))

17.02.085 - Bed and breakfast guest facility.

"Bed and breakfast guest facility" means an owner-occupied one-family residence that provides guest rooms, without individual kitchen facilities, for temporary sleeping accommodations for overnight guests. Such use may include meal service limited to the overnight guests.

(Ord. 97-99 § 1 (part))

17.02.100 - Building.

"Building" means any structure having a roof supported by columns or walls, and intended for the shelter, housing or enclosure of any person, animal or personal property. "Building" does not include any tent, trailer, recreational vehicle or other vehicle.

(Ord. 97-99 § 1 (part))

17.02.105 - Building, agricultural.

"Agricultural building" means a detached structure designed and constructed to house farm implements or supplies, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, packaged or sold; nor shall it be a place frequented by the public. "Agricultural building" does not include any structure which is used primarily for the storage of nonagricultural items.

(Ord. 97-99 § 1 (part))

17.02.110 - Building frontage.

"Building frontage" means those building elevations which face upon a road or parking area between the building and the road.

(Ord. 97-99 § 1 (part))

17.02.115 - Building height.

See "structural height."

(Ord. 97-99 § 1 (part))

17.02.120 - Building, primary.

"Primary building" means a building or mobile home in which the principal use is conducted. A building or mobile home containing a dwelling unit or units situated on a building site in a residential district is deemed to be the primary building on that building site.

(Ord. 97-99 § 1 (part))

(Ord. No. 14-223, § I, 5-20-2014)

17.02.125 - Building, residential accessory.

"Residential accessory building" means a detached building subordinate to and located on the same building site as a residence, the use of which is incidental to that of the residential use. "Residential accessory building" does not include any building designed or used for human habitation.

(Ord. 97-99 § 1 (part))

17.02.130 - Building site.

"Building site" means land occupied or intended to be occupied by a building or interrelated buildings, together with all open space required by this title, which is located on a lot that has been lawfully created and meets all criteria of the city for the intended use. (Also, see Section 17.84.010 of this title.)

(Ord. 97-99 § 1 (part))

17.02.135 - Campgrounds.

"Campgrounds" means land or premises used or intended to be used, let or rented for occupancy by campers traveling by automobile or recreational vehicle, or for occupancy by tents or similar quarters.

(Ord. 97-99 § 1 (part))

17.02.140 - Caretaker's or night watchman's quarters.

"Caretaker's or night watchman's quarters" means an area not larger than four hundred (400) square feet, designed to be used by one person, either a caretaker or night watchman. within a main building in which an authorized commercial or industrial use exists, and is incidental to the established commercial or industrial use.

(Ord. 97-99 § 1 (part))

17.02.142 - Cemetery.

"Cemetery" means land dedicated for the burial of human remains, and for this chapter including columbariums, crematoriums, mausoleums and mortuaries. A chapel, or similar structure, may be included in a cemetery if used solely for ceremony and respect of those reposed on-site.

(Ord. 97-99 § 1 (part))

17.02.145 - Church.

"Church" means a building, together with its accessory buildings and uses, maintained and controlled by a body organized to conduct religious worship and used primarily for religious worship and related activities. "Church" does not include "school."

(Ord. 97-99 § 1 (part))

17.02.150 - Condominium.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. In addition, a condominium may include a separate, interest in other portions of the real property.

(Ord. 97-99 § 1 (part))

17.02.152 - Contractor's equipment storage yard.

"Contractors equipment storage yard" means storage of equipment, vehicles, or other materials commonly used in the contractor's type of business; storage of materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities related to the contractor's business.

(Ord. 97-99 § 1 (part))

17.02.155 - City.

"City" means the city of Shasta Lake, county of Shasta, state of California.

(Ord. 97-99 § 1 (part))

17.02.160 - City boundary.

"City boundary" means the boundary of the city.

(Ord. 97-99 § 1 (part))

17.02.165 - Day care center.

"Day care center" means any child day care facility other than a small or large day care home, including infant centers and preschools.

(Ord. 97-99 § 1 (part))

17.02.170 - Day care home, large.

"Large day care home" means a home which regularly provides nonmedical care, protection and supervision for seven to twelve (12) children, inclusive, for a period of less than twenty-four (24) hours per day, while the parents or guardians are away. "Children" includes the children of the licensee and assistant that are under the age of ten, and all other children under the age of eighteen (18).

(Ord. 97-99 § 1 (part))

17.02.175 - Day care home, small.

"Small day care home" means a home which regularly provides nonmedical care, protection and supervision for six or fewer children, for a period of less than twenty-four (24) hours per day, while the parents or guardians are away. "Children" includes the children of the licensee under the age of ten, and all other children under the age of eighteen (18).

(Ord. 97-99 § 1 (part))

17.02.178 - Density.

"Density" means the total number of dwelling units permitted per acre of land.

(Ord. 97-99 § 1 (part))

17.02.180 - Designated floodway—Regulatory floodway.

"Designated floodway—Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one hundred (100) year flood (base flood) without increasing the water surface elevation of the base flood more than one foot at any point.

(Ord. 97-99 § 1 (part))

17.02.185 - Dog kennel.

"Dog kennel" means the ownership, boarding, breeding, training or sale of seven or more dogs at least four months of age, except a veterinary hospital or an animal shelter operated by a governmental agency.

(Ord. 97-99 § 1 (part))

17.02.190 - Duplex.

See "residence, two-family."

(Ord. 97-99 § 1 (part))

17.02.195 - Dwelling, multiple.

See "residence, multiple-family."

(Ord. 97-99 § 1 (part))

17.02.200 - Dwelling, one-family.

See "residence, one-family."

(Ord. 97-99 § 1 (part))

17.02.205 - Dwelling unit.

"Dwelling unit" means one or more habitable rooms, designed to be occupied by one family, with facilities for living, sleeping, cooking, eating and sanitation.

(Ord. 97-99 § 1 (part))

17.02.210 - Easement.

"Easement" means an area of a lot reserved for use for public utilities or public or private purposes.

(Ord. 97-99 § 1 (part))

17.02.213 - Exploration work for minerals.

"Exploration work for minerals" means the search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent or quality of the minerals present but does not include "mining" as used in Section 17.12.030B of this title.

(Ord. 97-99 § 1 (part))

17.02.215 - Family.

"Family" means one or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. "Family" does not include a fraternal, religious, social or business group. "Family" shall be deemed to include domestic servants employed by a family.

(Ord. 97-99 § 1 (part))

17.02.220 - Farm labor quarters.

"Farm labor quarters" means buildings or mobile homes located on land owned by the laborer's employer, inhabited solely by persons and their families while employed in agricultural activities on land owned by the laborer's employer.

(Ord. 97-99 § 1 (part))

17.02.223 - Fence.

"Fence" means a fence shall comply with requirements of Section 17.84.030A of this title and shall not be constructed of the following materials: tires, sheet metal, scrap metal, plastic sheeting or paneling, or other material or junk, as defined, that may be considered a nuisance as defined by this code. Use of barbed or razor wire as fencing is not allowed in residential districts in urban or suburban areas.

(Ord. 97-99 § 1 (part))

17.02.225 - Floodproof.

"Floodproof" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to land or improvements appurtenant to real property, including, but not limited to, water and sanitary facilities, structures and their contents.

(Ord. 97-99 § 1 (part))

17.02.228 - Floor area ratio.

"Floor area ratio," also known as FAR, is the gross building area (of all structures on the property) divided by the lot area. An example of how a FAR is applied to a building site is shown below.

(Ord. No. 14-223, § I, 5-20-2014)

17.02.230 - Forest management.

"Forest management" means the application of business methods and forestry principles to the operation of a forest property for the purpose of maintaining forest resources and producing a continuous supply of forest products. Forest management practices include, but are not limited to, site preparation, planting, harvesting, road construction, insect and disease control, inventory and fire protection.

(Ord. 97-99 § 1 (part))

17.02.235 - Garage or carport, private.

"Private garage or carport" means a residential accessory building designed and intended primarily for the storage of private motor vehicles. (Also, see Section 17.88.140 of this title.)

(Ord. 97-99 § 1 (part))

17.02.240 - Group foster home.

"Group foster home" means a state or county authorized, certified or licensed foster care facility, serving more than six mentally disordered or otherwise handicapped persons or dependent or neglected children, which provides care on a twenty-four (24) hour basis; or such a facility, serving more than six children or adults, which is licensed by the state or county or certified by a state-licensed child placement agency and is institutional or medical in nature.

(Ord. 97-99 § 1 (part))

17.02.245 - Guest house.

"Guest house" means an attached or detached building which provides living quarters for guests and:

A.

Contains no kitchen or cooking facility;

B.

Is clearly subordinate and incidental to the principal residence on the same building site; and

C.

Is not rented or leased, whether compensation be direct or indirect.

(Ord. 97-99 § 1 (part))

17.02.250 - Height.

See "structural height."

(Ord. 97-99 § 1 (part))

17.02.255 - Home occupation.

"Home occupation" means an income-producing activity conducted within a residence or a residential accessory building and carried on only by the inhabitants thereof. Such activity is clearly incidental and secondary to the use of the structure for residential purposes and does not change the character thereof. (Also, see Section 17.88.220 of this title.)

(Ord. 97-99 § 1 (part))

17.02.260 - Hotel.

See "motel."

(Ord. 97-99 § 1 (part))

17.02.265 - Hydropower facility, small.

"Small hydropower facility" means machinery, including related structures and equipment, that generates electricity from turbines powered by water diverted from the natural flow of a creek, stream or river, which may be impounded by a dam or other diversion structure to create a reservoir, and that is capable of producing not more than thirty (30) megawatts of electricity. "Small hydropower facility" includes the site at which the facility is located.

(Ord. 97-99 § 1 (part))

17.02.270 - Junk.

"Junk" means fabricated items which are either abandoned or no longer usable for the purpose for which they were made, and which are not presently being restored or repaired; provided, however, that "junk" does not include agricultural machinery, or equipment, or parts thereof in A-1, EA, TL, OS, and U districts. "Junk" does not include old auto bodies used in functional flood-control or erosion projects.

(Ord. 97-99 § 1 (part))

17.02.275 - Junk yard—Wrecking yard.

"Junk yard" or "wrecking yard" means the use of more than two hundred (200) square feet of the area on any lot or contiguous lots for the storage of junk, including scrap metals or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery, but not including agricultural machinery or parts thereof in A-1, EA, TL, OS and U districts.

(Ord. 97-99 § 1 (part))

17.02.280 - Junk yard or wrecking yard, screened.

"Screened junk yard" or "screened wrecking yard" means a junk yard or wrecking yard which is screened. A junk yard or wrecking yard shall be deemed screened if no part thereof is visible from any public street or adjoining land under different ownership.

(Ord. 97-99 § 1 (part))

17.02.285 - Kitchen.

"Kitchen" means any room or area intended or designed to be used for the preparation or cooking of food. "Kitchen" does not include a wet bar.

(Ord. 97-99 § 1 (part))

17.02.290 - Large day care home.

See "day care home, large."

(Ord. 97-99 § 1 (part))

17.02.292 - Logging contractor's yard.

"Logging contractor's yard" means any facility, including any building or outdoor area, used to store, service, maintain or repair a logging truck or related heavy logging equipment.

(Ord. 97-99 § 1 (part))

17.02.295 - Lot.

"Lot" means a parcel of land upon which more than one building site may be designated unless applicable zone district regulations provide otherwise.

(Ord. 97-99 § 1 (part))

17.02.300 - Lot, corner.

"Corner lot" means a lot having frontage on two intersecting streets having an angle of intersection of not more than one hundred thirty-five (135) degrees.

(Ord. 97-99 § 1 (part))

17.02.305 - Lot depth.

"Lot depth" means the average lineal distance between the front and rear lot lines, measured perpendicular to the front lot line.

(Ord. 97-99 § 1 (part))

17.02.310 - Lot, flag.

"Flag lot" means an L-shaped lot in which one arm of the lot, typically thirty (30) feet in width (pole portion), fronts on the street and is used solely as a driveway.

(Ord. 97-99 § 1 (part))

17.02.315 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Ord. 97-99 § 1 (part))

17.02.320 - Lot, key.

"Key lot" means the first lot to the rear of a corner lot, the front lot line of which is a continuation of the side line of the corner lot, regardless of any alley or right-of-way between the corner and key lots.

(Ord. 97-99 § 1 (part))

17.02.325 - Lot line, front.

"Front lot line" means the lot line abutting a road. In the case of a lot that abuts more than one road, the property owner may choose which road the front lot line is on; except, in a group of developed lots, the front line shall be on the same side as the developed lots.

(Ord. 97-99 § 1 (part))

17.02.330 - Lot line, rear.

"Rear lot line" means the lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line a minimum of ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

(Ord. 97-99 § 1 (part))

17.02.335 - Lot line, side.

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

(Ord. 97-99 § 1 (part))

17.02.340 - Lot, through.

"Through lot" means a lot, other than a corner lot, having frontage on two roads.

(Ord. 97-99 § 1 (part))

17.02.345 - Lot width.

"Lot width" means the lineal distance between the side lot lines, measured at a right angle to the lot depth at a point midway between the front and rear lot line.

(Ord. 97-99 § 1 (part))

17.02.350 - Lowest floor.

"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered the building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title.

(Ord. 97-99 § 1 (part))

17.02.355 - Manufactured home.

"Manufactured home" means a mobile home as defined in Section 17.02.365 of this chapter.

(Ord. 97-99 § 1 (part))

17.02.357 - Mining.

"Mining" means all or any part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining and surface work incidental to an underground mine.

(Ord. 97-99 § 1 (part))

17.02.360 - Ministorage.

"Ministorage" means any structure(s) designed or built with compartments to be used for individual storage of household items or business inventory by two or more clients on a lease or rental basis. In no case may storage spaces be used in a retail, wholesale, business or service function, nor shall the storage spaces be used for workshops, hobby shops, manufacturing or similar uses or functions.

(Ord. 97-99 § 1 (part))

17.02.365 - Mobile home.

"Mobile home" means a structure, transportable in one or more sections, designed and equipped to contain a dwelling unit, to be used without a permanent foundation, and containing more than three hundred twenty (320) square feet of floor space and the mobile home is either certified under the National Mobile Home Construction and Safety Act of the 1974 (42 U.S.C. Section 85401 et seq.) or the mobile home complies with all adopted safety criteria established for mobile homes constructed before the effective date of the 1974 Mobile Home Construction and Safety Act. "Mobile home" does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, or any factory-built housing as defined in the California Health and Safety Code.

(Ord. 97-99 § 1 (part))

17.02.370 - Mobile home, duplex.

"Duplex mobile home" means a mobile home designed and equipped to contain two dwelling units.

(Ord. 97-99 § 1 (part))

17.02.375 - Mobile home park.

"Mobile home park" means any area or tract of land where five or more mobile home spaces are rented or leased or offered for rent or lease.

(Ord. 97-99 § 1 (part))

17.02.380 - Motel.

"Motel" means one or more buildings containing guest rooms and facilities for temporary or transient sleeping accommodations.

(Ord. 97-99 § 1 (part))

17.02.390 - Night watchman's quarters.

See "caretaker's quarters."

(Ord. 97-99 § 1 (part))

17.02.395 - Nonconforming buildings and uses.

"Nonconforming buildings and uses" means those structures, buildings, mobile homes and uses which were lawful when established, but which do not conform to subsequently established zoning requirements.

(Ord. 97-99 § 1 (part))

17.02.397 - Nursery, retail.

"Retail nursery" means the retail handling of any article, substance or commodity related to the planting, maintenance or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals or other nursery goods and related products in small quantities to the consumer.

(Ord. 97-99 § 1 (part))

17.02.398 - Nursery, wholesale.

"Wholesale nursery" means the growing, storage and sale of garden plants, shrubs, trees or vines for resale, including incidental retail sales conducted from within a building not exceeding twenty (20) percent of the combined wholesale and retail sales volume during any year.

(Ord. 97-99 § 1 (part))

17.02.400 - Parcel.

See "lot."

(Ord. 97-99 § 1 (part))

17.02.405 - Parking space.

"Parking space" means an accessible and usable space for parking motor vehicles off the street.

(Ord. 97-99 § 1 (part))

17.02.410 - Planning commission.

"Planning commission" means the city planning commission.

(Ord. 97-99 § 1 (part))

17.02.415 - Private energy producer.

"Private energy producer" means a person or entity engaged in private energy production, or that owns the means thereof, and is not a public utility subject to the jurisdiction of the California Public Utilities Commission.

(Ord. 97-99 § 1 (part))

17.02.420 - Private energy production.

"Private energy production" means production of natural gas or electricity from other than a conventional power source, when that energy is not sold directly to members of the public. As used in this section, "conventional power source" includes nuclear energy, any hydropower facility with greater than thirty (30) megawatts of electrical capacity, and combustion of fossil fuels, except when used in cogeneration technology.

(Ord. 97-99 § 1 (part))

17.02.425 - Public use.

"Public use" means the use of land owned or possessed by a public entity for public facilities or services, when the land, facility or service is available to members of the public in common with each other, including, but not limited to, public parks, human cemeteries, schools, fire halls, libraries, hospitals and other public buildings and uses. "Public use" includes quasi-public uses such as private nonprofit education facilities, civic oriented facilities and hospitals which are, in each case, compatible in scale and spatial arrangement with the surrounding community. "Public uses" do not include public utilities, airports or churches.

(Ord. 97-99 § 1 (part))

17.02.430 - Public utility.

"Public utility" means the use of land for public utility purposes by an entity providing pipeline, gas, electrical, telephone, telegraph, water or sewage service that is subject to the jurisdiction of the California Public Utilities Commission. "Public utility" also includes the use of land for utility purposes, whether or not owned, controlled or operated by a public entity, whose services are performed for or commodities delivered to the public or any portion thereof. Private energy production, transmission relay, repeater, translator, radio and television towers and equipment and cable television facilities are also considered public utilities. "Public utility" does not include airports or television, radio or community television antenna system administration offices or other types of administrative offices or maintenance yards.

(Ord. 97-99 § 1 (part))

17.02.435 - Recreational vehicle.

"Recreational vehicle" means any motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency purposes, and which may be moved upon a public highway without a special permit or chauffeur's license or both. The vehicle may not exceed three hundred twenty (320) square feet in size.

(Ord. 97-99 § 1 (part))

17.02.440 - Recreational vehicle park.

"Recreational vehicle park" means an area or tract of land developed and operated with one or more spaces which are rented or leased for parking and utilizing recreational vehicles on a temporary basis. Some spaces may also be used for tent camping.

(Ord. 97-99 § 1 (part))

17.02.442 - Reserved.

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.02.442 in its entirety which pertained to the definition of a family care residence and derived from Ord. No. 97-99 § 1.

17.02.445 - Residence, multiple-family.

"Multiple-family residence" means a building or buildings containing three or more dwelling units, such as an apartment house, apartment hotel or flat.

(Ord. 97-99 § 1 (part))

17.02.450 - Residence, one-family.

"One-family residence" means a detached building containing a single dwelling unit, including a mobile home certified under the National Mobile Home Construction and Safety Act of 1974 that complies with all provisions of this code and the city development standards applicable to mobile homes installed on foundation systems and that would be defined as a mobile home if not installed on a foundation system.

(Ord. 97-99 § 1 (part))

17.02.455 - Reserved.

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.02.455 in its entirety which pertained to the definition of a senior citizen residence and derived from Ord. No. 97-99 § 1.

17.02.460 - Residence, two-family.

"Two-family residence" means a building containing two independent dwelling units under one roof (duplex), including a duplex mobile home certified under the National Mobile Home Construction and Safety Act of 1974 that complies with all provisions of this code and county development standards applicable to mobile homes installed on foundation systems, and that would be defined as a mobile home if not installed on a foundation system.

(Ord. 97-99 § 1 (part))

17.02.465 - Residential care facility.

"Residential care facility" means a facility which is state-licensed or county-licensed or certified by a state-licensed child placement agency that provides noninstitutional and nonmedical care for six or fewer children or adults.

(Ord. 97-99 § 1 (part))

17.02.470 - Residential facility for the elderly.

"Residential facility for the elderly" means a facility, for residents that are sixty (60) years of age or older or are handicapped. Care may include laundry, dietary and nursing services provided nursing services are available no more than eight hours in a twenty-four (24) hour period. General plan residential densities shall apply.

(Ord. 97-99 § 1 (part))

17.02.475 - Restaurant, fast food.

"Fast food restaurant" means any establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state, for consumption either within the restaurant building or for take-out consumption, and whose design or principal method of operation includes serving food and beverages in edible containers or in paper, plastic or other disposable containers.

(Ord. 97-99 § 1 (part))

17.02.480 - Restaurant, standard.

"Standard restaurant" means any establishment whose principal business is the sale of foods and beverages to the customer in a ready-to-consume state, usually for consumption within the restaurant, and whose design or principal method of operation includes one or both of the following characteristics:

A.

Customers, normally provided with an individual menu, are served foods and beverages by a restaurant employee at the same table or counter at which said items are consumed.

B.

A cafeteria-type operation where foods and beverages generally are consumed within the building.

(Ord. 97-99 § 1 (part))

17.02.485 - Restrictive flood zone—Area of shallow flooding.

"Restrictive flood zone," also "area of shallow flooding," means the lowlands adjacent to the designated floodway (regulatory floodway) and subject to unpredictable and indeterminate overflow by floodwaters of a base flood, with approximate average water depths of one foot or more, where a clearly defined channel does not exist.

(Ord. 97-99 § 1 (part))

17.02.490 - Retail sales.

"Retail sales" means the selling of goods, wares or merchandise directly to the ultimate consumer.

(Ord. 97-99 § 1 (part))

17.02.495 - Reserved.

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.02.495 in its entirety which pertained to the definition of rooming houses or boarding houses and derived from Ord. No. 97-99 § 1.

17.02.500 - School.

"School" means a place for systematic instruction in any branch or branches of knowledge, including public, parochial and nonprofit elementary or secondary schools, attendance at which satisfies the requirements of the Compulsory Education Law (Education Code Section 48200 et seq.).

(Ord. 97-99 § 1 (part))

17.02.505 - Screened junk yard or wrecking yard.

See "junk yard or wrecking yard, screened."

(Ord. 97-99 § 1 (part))

17.02.510 - Reserved.

Editor's note— Ord. No. 14-233, § I, adopted May 20, 2014, repealed former § 17.02.510 in its entirety which pertained to the definition of servant's quarters and derived from Ord. No. 97-99 § 1.

17.02.515 - Shopping center.

"Shopping center" means a group of three or more businesses which function as an integral unit on a single or contiguous parcel(s) which utilize common off-street parking and access.

(Ord. 97-99 § 1 (part))

17.02.520 - Sign.

"Sign" means any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premises, product, service, person, organization, business or event. "Sign" does not include such devices visible only from within a building, nor does it include official notices issued by a court, public body or officer, or directional, warning or information signs required by or authorized by federal, state, county or city authority.

(Ord. 97-99 § 1 (part))

17.02.525 - Sign, appurtenant.

"Appurtenant sign" means a sign relating only to goods sold or services rendered on the building site on which the sign is located.

(Ord. 97-99 § 1 (part))

17.02.530 - Sign, building.

"Building sign" means any sign attached parallel to or painted on any exterior wall face of a building.

(Ord. 97-99 § 1 (part))

17.02.535 - Sign, freestanding.

"Freestanding sign" means any sign permanently supported by one or more uprights, braces, poles or other similar structural components when utilizing earth, rock, the ground or any foundation set in the ground as a primary holding base, and not attached to or enclosed by any building.

(Ord. 97-99 § 1 (part))

17.02.540 - Sign, ground.

"Ground sign" means a sign placed upon a foundation or a slab and not supported by uprights, braces, poles or other similar structural components.

(Ord. 97-99 § 1 (part))

17.02.545 - Sign, outdoor advertising.

"Outdoor advertising sign" means any sign other than an appurtenant sign.

(Ord. 97-99 § 1 (part))

17.02.550 - Sign, roof.

"Roof sign" means any sign erected, constructed and placed on or over the roof of a building or of any architectural feature which visually appears to be the roof.

(Ord. 97-99 § 1 (part))

17.02.555 - Skilled nursing/intermediate care facility.

"Skilled nursing/intermediate care facility" means a facility or a part of a hospital which provides twenty-four (24) hour inpatient care. Twenty-four (24) hour inpatient care may include skilled nursing, physician and pharmaceutical services and an activity program.

(Ord. 97-99 § 1 (part))

17.02.560 - Small day care home.

See "day care home, small."

(Ord. 97-99 § 1 (part))

17.02.565 - Story.

"Story" means the portion of a building between the surface of any floor and the surface of the next floor above it, or if there is no floor above, then the space between the floor and ceiling above it.

(Ord. 97-99 § 1 (part))

17.02.570 - Street frontage.

"Street frontage" means the portion of a lot fronting on a street.

(Ord. 97-99 § 1 (part))

17.02.575 - Structural alterations.

"Structural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

(Ord. 97-99 § 1 (part))

17.02.580 - Structural height.

"Structural height" means the height of a structure measured from the average finished grade at the base of the structure to the highest point of the structure.

(Ord. 97-99 § 1 (part))

17.02.585 - Structure.

"Structure" means anything constructed or erected, except fences under six feet in height, the use of which requires location on or in the ground or attachment to something located on or in the ground.

(Ord. 97-99 § 1 (part))

17.02.590 - Substantial improvement.

A.

"Substantial improvement" means any repair, reconstruction or modification of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before such work is started, or (2) if the structure has been damaged, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

B.

"Substantial improvement" does not include (1) any modification of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

(Ord. 97-99 § 1 (part))

17.02.595 - Townhouse.

"Townhouse" means a one-family dwelling unit attached to one or more one-family dwelling units, provided only one dwelling unit is located on a lot. A townhouse may also include an undivided interest in common in a lot that is contiguous to the townhouse lots.

(Ord. 97-99 § 1 (part))

17.02.600 - Trailer.

"Trailer" means any recreational vehicle, van or other vehicle, without motor power, not exceeding three hundred twenty (320) square feet in size, constructed to travel upon public streets and highways, and designed or used for temporary human habitation. "Trailer" does not include mobile home.

(Ord. 97-99 § 1 (part))

17.02.605 - Truck terminal.

"Truck terminal" means any facility designed to serve as a carrier end point for the delivery and receipt of goods, which may include loading docks, storage sheds, management offices, truck storage and employee and customer parking.

(Ord. 97-99 § 1 (part))

17.02.610 - Truck yard.

"Truck yard" means any facility, including buildings and/or outdoor storage, servicing, maintenance and/or repair of two or more vehicles having a gross vehicle weight rating of more than ten thousand (10,000) pounds each.

(Ord. 97-99 § 1 (part))

17.02.615 - Use.

"Use" means the purpose for which land or premises or a structure, building or mobile home thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

(Ord. 97-99 § 1 (part))

17.02.620 - Use, accessory.

"Accessory use" means a use that is subordinate to an existing principal use, is customarily a part of and is clearly incidental and secondary to the principal use, and does not change the character of that use.

(Ord. 97-99 § 1 (part))

17.02.625 - Vehicle trip.

"Vehicle trip" means a one-way trip by a motorized vehicle.

(Ord. 97-99 § 1 (part))

17.02.630 - Watercourse.

"Watercourse" means a drainageway which has a defined bed, banks and channel and which carries a flow of water at least periodically.

(Ord. 97-99 § 1 (part))

17.02.635 - Wet bar.

"Wet bar" means a sink and small refrigerator.

(Ord. 97-99 § 1 (part))

17.02.640 - Yard.

"Yard" means an open space, on the same lot with a building, which is unoccupied by any structure and unobstructed from the ground upward by any structure, except as otherwise provided in this title, exclusive of any portion of any court, street, alley, sidewalk or road right-of-way.

(Ord. 97-99 § 1 (part))

17.02.645 - Yard, front.

"Front yard" means a yard measured from the edge of the easement or right-of-way or adopted plan line extending across the front of the lot between the side lot lines and to a depth required by the district in which the lot is situated.

(Ord. 97-99 § 1 (part))

17.02.650 - Yard, rear.

"Rear yard" means a yard extending along the back of the lot between the side lot lines and to a depth required by the district in which the lot is situated.

(Ord. 97-99 § 1 (part))

17.02.655 - Yard, interior side.

"Interior side yard" means a yard along the interior side line of the lot to a width required by the district in which the lot is situated, and extending from the front yard to the rear yard.

(Ord. 97-99 § 1 (part))

17.02.660 - Yard, street side.

"Street side yard" means a yard along a side street, right-of-way or easement to a width required by the district in which the lot is situated, and extending from the front yard to the rear yard.

(Ord. 97-99 § 1 (part))

17.02.005 - Title.

This title is the "zoning plan" for the city, consisting of regulations and maps.

(Ord. 97-99 § 1 (part))

17.02.010 - Purpose.

The purposes of this title are:

A.

To promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare;

B.

To implement the city general plan, and to facilitate and guide growth in accordance with the general plan; and

C.

To protect the social and economic stability of residential, commercial, industrial, resource production, and recreational activities within the city through the orderly, planned use of the land.

(Ord. 97-99 § 1 (part))

17.02.015 - Applicability.

The provisions of this title apply throughout the incorporated portions of the city limits and apply to lands owned, leased, or otherwise controlled by the state or local government, or any unit or agency of either of them, to the extent permitted by law, or by the consent of or agreement with the state or local government or unit or agency thereof, that is affected by this title. The provisions of this title apply to public lands as defined in the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) to the extent permitted by that act or other federal law, or regulations adopted pursuant thereto or agreements made with the city. The provisions of this title do not apply to federal reservations or to land owned, leased or otherwise controlled by the city. As used in this subsection, "local government" includes, but is not limited to, school districts and special districts.

(Ord. 97-99 § 1 (part))

17.02.020 - Scope.

The zoning plan consists of the establishment of various zone districts to be used within the city limits. Within some, all or none of the districts it shall be lawful, and within some, all or none of the districts it shall be unlawful, to erect, construct, alter or maintain certain buildings, or to carry on certain trades or occupations, or to conduct certain uses of land or of buildings. Within the districts the height and bulk of future buildings shall be limited, and certain open spaces shall be required around future buildings. Each district shall consist of additional appropriate regulations to be enforced, all as set forth in this title.

(Ord. 97-99 § 1 (part))

17.02.025 - Establishment of zone districts.

A.

The designations, locations, boundaries and regulations of the zone districts in the zoning plan shall be established by ordinance of the city council. The city council may, by ordinance, incorporate maps or diagrams into the zoning plan by reference when necessary or convenient to accomplish the purposes of this title.

B.

The following zone districts are established as principal districts:

1.

Resource zone districts:

MR Mineral resource

HP Habitat protection

OS Open space

F-1 Designated floodway

2.

Residential zone districts:

R-R Rural residential

R-1 One-family residential

R-M One-family mobile home

R-2 Two-family residential

R-3 Multiple-family residential

R-4 Multiple-family residential—Office

MHP Mobile home park

IR Interim rural residential

3.

Commercial zone districts:

C-1 Local convenience center

C-2 Community commercial

C-O Office commercial

C-H Highway commercial

C-R Recreation commercial

C-M Commercial—Light industrial

MU Mixed use

4.

Industrial zone districts:

M-L Light industrial

M General industrial

5.

Special zone districts:

PF Public facility

PD Planned development

U Unclassified

C.

The following zone districts are established to be combined with appropriate principal districts:

B Building site

F-2 Restrictive flood

T Mobile home

SP Specific plan

DR Design review

D.

All of the incorporated territory of the city which is not otherwise zoned is hereby zoned unclassified (U).

E.

Upon expiration of an interim urgency zoning ordinance, the land affected by the ordinance shall be subject to the regulations applicable to the land immediately prior to the adoption of the urgency ordinance, unless the urgency ordinance provides otherwise or is repealed or superseded by another ordinance.

(Ord. 97-99 § 1 (part))

17.02.030 - Zone maps.

A.

A series of maps, known as "zone maps," shall be utilized to show the designations and boundaries of each zone district within the city limits, and shall show base data as the development services director or his or her designee deems useful or the planning commission or city council directs. The maps shall be maintained by the planning division.

B.

A series of maps, known as "special zone maps," may be utilized to show certain districts or areas in more detail or in a different arrangement than shown on the zone maps. The maps shall be maintained by the planning division.

C.

The development services director or his or her designee shall revise any of the previously referenced maps to show amendments to the zoning plan, including changes in designations, rezoning of property and clarification of district boundaries made pursuant to Section 17.94.020.

(Ord. 97-99 § 1 (part))

17.02.035 - Effect.

Except as otherwise provided:

A.

No building shall be erected or placed, and no existing structure shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated, or intended to be used for any purpose, or in any manner other than is included among the uses listed in this title as permitted in the district in which such building, land or premises is located.

B.

No building shall be erected, reconstructed or structurally altered to exceed the height limit designated in this title for districts in which such building is located.

C.

No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any required open space be encroached upon or reduced in any manner, except in conformity to the yard, building site and building location regulations specified in this title for the district in which such building or open space is located.

D.

No yard or other open space provided around any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.

(Ord. 97-99 § 1 (part))

17.02.036 - Marijuana products, uses and activities.

Unless expressly permitted by this Code, or the California Health and Safety Code section 11362.1(a), all cultivation, manufacture, distribution, possession, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana or marijuana products is prohibited within the city.

(Ord. No. 17-257, § 1, 3-21-2017)