The words and phrases used in this chapter shall be construed as defined in this chapter and Chapter 1.04 unless the context requires otherwise or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases.

( Ord. No. 2104 , § 1, 4-27-2021)

"Accessory building" shall mean a detached subordinate building, the use of which is incidental to that of the main building on the same lot or to the use of land.

"Accessory use" shall mean a use or building incidental or subordinate to the principal use or building located upon the same lot.

"Agency" shall mean an office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere.

"Agriculture" shall mean animal husbandry and the production of crops, including farming, dairying, pasturage, aquaculture, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and all uses customarily incidental thereto, but not including semi-heavy agriculture, heavy agriculture, or agricultural processing plants unless specifically provided, and not including any use otherwise specifically prohibited by the Tehama County Code.

"Agricultural employee housing or farmworker housing" shall mean employee housing, as defined in Health and Safety Code section 17008, meeting the criteria set forth in Health and Safety Code section 17021.6, as hereafter amended.

"Agricultural homestay" means a farm, as defined in Food and Agricultural Code section 52262, that produces agricultural products as its primary source of income and meets all of the following criteria: (i) Provides overnight transient occupancy accommodations in not more than six guest rooms to not more than fifteen guests who actively participate in the on-site agricultural activities; (ii) Serves food only to its registered guests, and includes the price of food in the price of the overnight transient occupancy accommodation; and (iii) Lodging and meals are incidental and not the primary function of the agricultural homestay facility.

"Agritourism" is the act of visiting a working farm for the purpose of enjoyment, education or other uncompensated active participation in the activities of the farm. An agritourism use is an enterprise located at a working farm (as defined by Section 52262 of the California Food and Agricultural Code), that is conducted for the enjoyment and education of visitors, guests or clients, and which generates income for the farm's owner/operator. The enjoyment and education of visitors, guests or clients must be incidental and not the primary function of the farm. Agritourism does not include arena events such as roping competitions, horse shows, rodeos and similar commercial-for-fee sporting events, weddings, concerts, RV parks, or camping.

"Agri-nature tourism" is the act of visiting a working farm for the purpose of enjoyment, education, or other uncompensated active involvement in activities or experiences taking place in nine natural areas. An Agri-nature tourism use is a visitor-oriented destination or experience centered on an agricultural and/or natural theme located at a working farm (as defined by Section 52262 of the California Food and Agricultural Code), that is conducted for the enjoyment and education of visitors, guests or clients, and which generates income for the farm's owner/operator. The enjoyment and education of visitors, guests or clients must be incidental and not the primary function of the farm.

"Alley" shall mean a public or permanent private way or lane less than forty feet in width which affords a secondary means of access to abutting property.

"Apartment house" shall mean any building or portion thereof which is designed and built for occupancy by three or more families.

"Auto and truck station" is a fuel station or service station without overnight truck stay or storage.

"Bed and breakfast establishment" shall mean a single family structure in which there is a full time, permanent resident family and guest bedrooms for the boarding of not more than four paying guests where meals are prepared each day in a kitchen appropriately permitted by the Tehama County Department of Environmental Health.

"Boardinghouse" shall mean a building, or portion thereof, other than a hotel, where regular meals and lodging are provided for five or less persons for compensation or profit.

"Building coverage" shall mean the land area covered by all buildings on a lot, including all projections except eaves.

"Building height" shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, ridge or parapet wall.

"Building line" shall mean a line established by this or other code to govern the placement of buildings with respect to streets and alleys.

"Building site" shall mean the land area occupied by or capable of being covered by all structures permissible under this Code.

"Collaborative agri-nature tourism events" means the temporary use of multiple agricultural properties and/or facilities, for which a fee may or may not be charged, where there is a gathering of people in multiple locations to tour agricultural sites, experience agriculture in hands on workshops, and develop a respect for the natural resources of Tehama County. These events may not exceed three consecutive days per event. Such events must be incidental to the operation of working farms (as defined by Section 52262 of the California Food and Agricultural Code), and not the primary function of the farms.

"Commercial kennel" means any lot or premises on which three or more dogs over four months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training; includes hobby kennels. Commercial kennel shall not include a veterinary facility, pet shop, humane society shelter or the county animal shelter.

"Commercial recreation" means agricultural tourism, as provided in Tehama County Code 17.81.

"Commercial shooting range" shall mean any shooting range, target range, clay pigeon course, sporting clay course, live game course, silhouette course or similar shooting course in which firearms defined as hand guns, rifles or shotguns are discharged and the participants of such courses or ranges pay to the owner and/or operator of the course any form of remuneration which entitles participants use of the course or range.

"Dual purpose solar energy systems" shall mean a solar energy system designed to provide both on-premises electricity consumption and excess power generation for sale. The system shall not exceed twice the power needed for on-premises consumption or else shall be deemed a solar power facility.

"Dual purpose wind energy systems" shall mean a wind energy system designed to provide both on-premises electricity consumption and excess power generation for sale. The system shall not exceed twice the power needed for on-premises consumption or else shall be deemed a wind power facility.

"Dwelling, one-family also known as residence" shall mean a building containing but one kitchen designed and/or used to house not more than one family, but including all necessary employees of such family.

"One-family dwelling" shall also mean a mobile home or manufactured home meeting all of the following criteria:

A.

Mobile home to be manufactured within ten years of date of permit application.

B.

The unit is to be placed on a perimeter type permanent foundation. Perimeter is to be of concrete, masonry or other Uniform Building Code approved materials.

C.

Roof. Roofing shall be composite shingle, wood shake, terra cotta tile or other Uniform Building Code approved material.

D.

Siding material to be of plywood, wood, stucco, or other Uniform Building Code approved material.

"Ecotourism" means nature-based travel to natural attractions to experience and study the unique flora, fauna, and culture in a manner that is ecologically responsible and sustains the well-being of the local community.

"Emergency shelter" shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person and in which no individual or household is denied emergency shelter because of an inability to pay.

"Employee housing" shall mean employee housing, as defined in Health and Safety Code section 17008, meeting the criteria set forth in Health and Safety Code section 17021.5, as hereafter amended.

"Family" is a group of individuals living under one roof and usually under one head of household.

"Full service restaurant" is a business that prepares and serves, food, and drinks to customers, whether dinning in or taking out, this use also includes drive-thru's.

"Garage, commercial" shall mean a building, other than a private garage, used for the parking, repair, or servicing of motor vehicles.

"Garage, parking" shall mean a public garage designed and/or used on a commercial basis for the storage only of vehicles.

"Garage, private" shall mean an accessory building or portion of a building, designed and/or used only for the shelter or storage of vehicles by the occupants of the dwelling, including covered parking space or carport.

"Geotourism" means travel to experience and study the geographical character of a place, including its environment, culture, aesthetics, heritage, historic structures and archaeological sites, scenic landscapes, traditional architecture, and locally grown music, cuisine, crafts, dances, and other arts.

"Glamping" means a transient occupancy facility where guests occupy detached permanent upscale tent units or similar units, which are regulated by California Building Code and California Fire Code but are not conventional hotel, motel or cabin facilities or camping and are not an agricultural homestay as defined within County Code.

"Guest cottage" shall mean an accessory, detached dwelling without any kitchen facilities designed for and used to house transient visitors and nonpaying guests of the occupants of the main dwelling.

"Heavy agricultural" is a commercial slaughterhouses.

"Helicopter port" shall mean land improved and intended to be used for the landing and taking off of helicopters or vertical flying aircrafts.

"Home occupation" shall mean any use customarily carried on within a dwelling by the inhabitants thereof, including a cottage food operation, as defined in Health and Safety Code section 113758, which use is incidental to the residential use of the dwelling, and which use:

A.

Is confined within the dwelling and occupies not more than twenty-five percent of the floor space thereof;

B.

Involves no sales of merchandise other than that produced on the premises or merchandise directly related to and incidental to the services offered, no on-site sales;

C.

Is carried on by the members of the family occupying the dwelling, with no other person employed, provided that a cottage food operation, as defined in Health and Safety Code section 113758, may have not more than 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;

D.

Produces no evidence of its existence beyond the premises, except signs of not more than one square foot, such as noise, smoke, odors, vibration, etc.

"Hotel" shall mean any building or portions thereof containing six or more guestrooms used or intended or designed to be used, let or hired out to be occupied or which are occupied by six or more guests, whether the compensation for hire is paid directly or indirectly in money, goods, wares, merchandise, labor or otherwise and include hotels, motels, dormitories, Turkish baths, bachelor hotels, studio hotels, public and private clubs, and any such building of any nature whatsoever occupied, designed or intended to be so occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed or detained under legal restraint.

"Intermediate care facility/developmentally disabled habilitative" means a facility with a capacity of four to fifteen beds that provides twenty-four-hour personal care, habilitation, developmental, and supportive health services to fifteen or fewer persons with developmental disabilities who have intermittent recurring needs for nursing services, but have been certified by a physician and surgeon as not requiring availability of continuous skilled nursing care.

"Intermediate care facility/developmentally disabled-nursing" mean a facility with a capacity of four to fifteen beds that provides twenty-four-hour personal care, developmental services, and nursing supervision for persons with developmental disabilities who have intermittent recurring needs for skilled nursing care but have been certified by a physician and surgeon as not requiring continuous skilled nursing care. The facility shall serve medically fragile persons with developmental disabilities or who demonstrate significant developmental delay that may lead to a developmental disability if not treated.

"Junkyard" shall mean an area of four hundred square feet or more on which imported waste, junk or salvaged items such as lumber, vehicles, machinery and mechanical equipment, and other such materials are disassembled, handled, baled, packed, processed or stored, but not including farm materials, machinery or equipment stored on operating farm properties.

"Light agriculture" shall mean:

A.

Farms devoted to the hatching, raising, butchering or marketing on a small scale of rabbits, fish, frogs, mink, chinchilla, or other small animal farms (excluding poultry) of a similar nature, provided that not more than one hundred such animals per acre, shall be kept, fed, or maintained on a premises of less than five acres;

B.

Nurseries, greenhouses, orchards, aviaries, apiaries, or the raising of field crops, trees and tree crops, berry or bush crops, vineyards, row crops, U-Pick operations or vegetable, flower or herb gardening on a commercial scale;

C.

The grazing of cattle, horses, sheep, goats, hogs or other farm stock or animals on a commercial scale, including the supplementary feeding thereof; on parcels of less than twenty acres, not more than two such animals per acre shall be kept or maintained; for the grazing of sheep or goats the permissible number of animals per acre may be multiplied by three; in no event shall there be any limit of the permissible number of sheep which may be grazed per acre where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops and, further, where such grazing operation is not conducted for more than four weeks in a six months' period; nor shall it limit the numbers of animals kept for agricultural activities associated with 4-H and/or FFA or similar projects;

D.

In all cases the permissible number of animals per acre shall be computed upon the basis of the nearest equivalent ratio;

E.

Farms or establishments for the selective or experimental breeding of cattle, horses, sheep, goats, hogs and other farm stock or animals and the raising and/or training of such animals and stock under the same conditions and provisions as set forth in subsection C of this section;

F.

Community auction and sale yard;

G.

A temporary or permanent stand for the display and sale of the products of any permitted use, produced upon the premises upon which such stand is located or upon lands owned or leased by the occupant of such premises;

H.

Accessory buildings and accessory uses, such as, barns, private stables, farm equipment shelters, and other out buildings.

I.

Farms devoted to the hatching, raising, butchering or marketing of poultry, poultry eggs, or other poultry products on a small scale, provided that no more than one hundred such animals may be kept, fed, or maintained on a premises no matter the size of the premises.

"Lodging house" shall mean either a building, or portion thereof, other than a hotel, providing rooms or sleeping accommodations for five or less persons for compensation, including rooming house, or an emergency shelter.

"Lot, corner" shall mean a lot located at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of such streets. The shortest such street frontage shall constitute the front of the lot.

"Lot width" shall mean the distance between side lot lines measured at the front yard building line.

"Mobile food vending" the act of any owner or other person(s) using a mobile food vending unit to engage in the business of selling, exhibiting for sale, or taking orders from consumers on private property for any type of prepared food product.

"Mobile food vendor" any owner or other person(s) operating a mobile food vending unit for purposes of vending prepared food on private property, for consumption either on or off premises.

"Mobile food vending unit" any motorized vehicle or trailer used for purposes of vending prepared food on private property, for consumption either on or off premises.

"Mobile home" shall mean a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on-site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, which must meet the building code criteria for a mobile home.

"Mobile home park" shall have the meaning set forth in Health and Safety Code section 18214.

"Nonconforming building" shall mean a building or structure or portion thereof which was designed, erected or structurally altered for a use which does not conform to the use regulations of the district in which it is located and which lawfully existed prior to the effective date of such use regulations.

"Nonconforming use" shall mean a use which lawfully occupied a building or structure or was conducted upon open land prior to the effective date of the use regulations in the zoning district in which it is located and with which regulations it shall not comply.

"Outdoor advertising sign" shall mean any card, cloth paper, metal, painted glass, wooden, plaster, stone or other sign of any kind or character whatsoever placed for outdoor advertising purpose on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. The term "placed" as used in this definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, posting, painting, printing, tacking, mailing, gluing, sticking, carving or otherwise fastening, affixing, or making visible in any manner whatsoever.

"Outdoor advertising structure" shall mean any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

"Parking lot" shall mean an area of land, a yard or other open space on a lot used for or designated for use by standing motor vehicles.

"Parking space" shall mean land or space privately owned, covered or uncovered, laid out for, surfaced, and used or designated to be used by a standing motor vehicle, which space shall not be located in any front yard or side yard adjacent to a street.

"Permitted use" is a use "by right" that is permitted within the zoning code that is ministerial and will not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of the California Environmental Quality Act (CEQA) cited in Division 13 (commencing with Section 21000) of the Public Resources Code.

"Place of human habitation" is a recreational vehicle or travel trailer used for more than one consecutive day in a three hundred and sixty five day period, which contains facilities for living, sleeping, cooking, eating, restroom, or bathing.

"Planning commission" shall mean the planning commission of the County of Tehama, State of California.

"Poultry" shall mean chickens and roosters, turkeys, ducks, game birds, pigeons, or any other similar fowl.

"Premises" shall mean a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

"Recreational vehicle" shall mean either of the following:

A.

A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1.

It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

2.

It contains four hundred square feet or less of gross area measured at maximum horizontal projections.

3.

It is built on a single chassis.

4.

It is either self-propelled, truck mounted, or permanently towable on the highways without a permit.

B.

A park trailer designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:

1.

It contains four hundred square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed twelve feet in width or forty feet in length in the traveling mode.

2.

It is built on a single chassis.

3.

It may only be transported upon the public highways with a permit.

"Recreational vehicle park" shall have the meaning set forth in Health and Safety Code section 18862.39.

"Semi-heavy agriculture" shall mean:

A.

Any use defined under light agriculture without limitation as to number of animals, except for poultry farms;

B.

Feed yards, commercial riding academies;

C.

Hog ranches;

D.

Menageries, animal hospitals, commercial kennels as defined in Section 7.04.050, and dairies;

E.

Fruit and vegetable packing and processing plants, wineries and similar uses;

F.

Any accessory agricultural purpose.

"Service station" shall mean a retail business establishment supplying gasoline and oil and minor accessories and services for automobiles.

"Setback line" shall mean a line established by this or other code to govern the placement of buildings with respect to streets, alleys and property lines.

"Single room occupancy (SRO)" is a room or unit within a lodging house as defined by the Tehama County Zoning Code that is usually between two hundred to three hundred fifty square feet and may include a kitchen and/or a bathroom, in addition to a bed.

"Small solar energy system" is any solar energy system whose primary purpose is to provide for on-premises space heating or cooling, or on-premises water heating, or which is intended to solely to reduce on-premises consumption of utility power. Small solar energy systems must be ancillary to a principally permitted use of the premises.

"Solar energy system" means either of the following:

1.

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2.

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

"Solar power facility" means any solar energy system whose primary function is the provision of electricity to the electrical distribution system or transmission grid. Any solar energy system that is not a small solar energy system or a dual purpose solar energy system shall be considered a solar power facility for purposes of this title.

"Stable, commercial" shall mean a stable for horses to be rented, hired, or used on a commercial basis.

"Stable, private" shall mean a stable for horses to be used by the owners.

"Stockyard, feedlot and sales yard" shall mean a facility used for:

A.

Any tract of land or structure wherein any type of fowl or the byproducts thereof are raised for sale at wholesale or retail;

B.

Any structure, pen or corral wherein cattle, horses, sheep, goats or swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market;

C.

Any structure, pen or corral wherein large numbers of cattle, horses, sheep, goats and swine are maintained in close quarters over an extended period of time, for resale only.

"Structural alterations" shall mean any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, and ceiling joists.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, 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. For purposes of this section, "target population" means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Tourist court" shall mean a group of buildings designed for use by tourists or transients with living or sleeping rooms, garages, parking spaces and related facilities advertised or offered on a commercial basis, including an auto court, motor court and motor lodge.

"Transient lodging" shall mean either a hotel, inn, motel, tourist home, or other lodging facility for persons staying thirty days or less, or an emergency shelter.

"Transitional housing" 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 months.

"Williamson Act Land(s)" means land that is in contract with counties to conserve their properties as farmland and open space (Government Code §51200, et seq.) and based on The California Land Conservation Act of 1965, also known as the Williamson Act.

"Wind energy system" means any equipment or facility that converts and then stores or transfers energy from the wind into usable forms of energy, which may consist of but is not limited to a wind turbine, a tower, a mill, and associated controls or conversion electronics.

"Wind energy system; small" is a wind energy system used only to reduce on-premises consumption of utility power. The purpose of a small wind energy system is to be an accessory use of the property. Small wind energy systems shall not exceed twenty kilowatts. When a premises on which a small wind energy system is installed also receives electrical power supplied by a utility company, any excess electrical power generated by the small wind energy system, and not then needed for on-premises use, may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-premises use. No net revenue to the owners shall be produced by such excess electrical power generation.

"Wind power facility" means a wind energy system whose primary function is the provision of electricity to the electrical distribution system or transmission grid. Any wind energy system that is not a small wind energy system or a dual purpose wind energy system shall be considered a wind power facility for purposes of this chapter.

"Yard, front" is a yard extending across the full width of the lot, measured between the street line, or the lot line connected to a street by legal access, and the nearest line of the main building or enclosed or covered porch. The front yard of a corner lot is the yard adjacent to the shorter street frontage.

"Yard, rear" is a yard extending between the side yards of the lot and measured between the rear line of the lot and rear line of the main building or enclosed or covered porch nearest the rear line of the lot.

"Yards" means the land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building site.

"Yard, side" is a yard on each side of the building extending from the front yard to the rear lot line, the width of each yard being measured between the side line of the lot and the nearest part of the main building or enclosed or covered porch.

( Ord. No. 2104 § 1, 4-27-2021)