As used in this title, the following terms shall have the meanings indicated:
"Abutting"means land having a common property line or separated only by an alley, easement or private street.
"Access"means the entrance to or exit from a property from a public or private street.
"Accessory building"means a detached subordinate building situated on the same lot with the main building and used for an accessory use.
"Accessory dwelling unit"means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit.
"Accessory use"means a subordinate use of a building, other structure, or use of land:
1. Which is clearly incidental to the use of the main building, other structure or use of land;
2. Which is customary in connection with the main building, other structure, or use of land; and
3. Which is located on the same zoned lot with the main building, other structure, or use of land.
Acreage, gross."Gross acreage" means the total horizontal area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.
Acreage, net."Net acreage" means the total horizontal area within the lot lines of a lot or parcel of land excluding streets classified as freeways, thruways, parkways, community collectors and neighborhood collectors. Net acreage includes local public and private streets and any private areas receiving park credit.
Act, the."The Act" means statutes authorizing the National Flood Insurance Program that are incorporated in 42 USC 401-4128.
"Adjacent"means nearby, but not necessarily touching.
"Adult motion picture theater"means an enclosed building used for presenting material in the form of motion picture film, video tape or other similar means which is substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.
"Aggrieved person"means any person who, in person or through a representative, appeared at a public hearing of the City of Wheatland in connection with the decision action appealed or who, by other appropriate means prior to a hearing, informed the City of Wheatland of the nature of his concerns or who for good cause was unable to do either.
"Agriculture"means the commercial production of field, row, or tree crops, but not including livestock other than those kept for the use of the family occupying the site. Subject to maximum numbers of animals as specified elsewhere in this chapter.
"Alley"means a public or private way not more than twenty-five feet wide, which affords only secondary access to abutting property.
"Alter"means to change any of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
"Animal hospital"means a building used for the care and treatment of sick or injured dogs, cats, rabbits, birds and similar small animals.
"Antenna"means any device used to transmit or receive electromagnetic waves.
Antenna, satellite-signal receiving."Satellite-signal receiving antenna" means a device used for or designed for receiving electromagnetic signals from one or more satellites, either directly or through repeating transmitters, including but not restricted to those of dish or disc shapes.
"Apartment"means a nontransient dwelling unit which is not a single-family dwelling, designed or used for residential purposes for one family, and containing independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes the intent to use for residential purposes. Each apartment shall be considered a dwelling unit.
Arcade, game (indoor)."Indoor game arcade" means a commercial establishment containing six or more video, pinball, pool tables or other games, or a business with more than one game per five hundred square feet of gross floor area.
"Archeological site"means a land area which shows evidence or artifacts of human, plant or animal activity, usually dating from periods of which only vestiges remain.
"Architectural features"means projections or appurtenances on buildings which provide visual variation and/or relief but do not serve as living or working space.
"Area of shallow flooding"means a designated AO zone on the city's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate.
"Area of a sign"means the entire area within a single continuous perimeter composed of squares or rectangles which encloses the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame, background area of sign, structural trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports or uprights on which any such sign is supported shall not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the display.
"Area of special flood hazard"means the land in the floodplain within the city subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed rate-making has been completed by the Federal Insurance Administration in preparation for publication of the FIRM, Zone A usually is further refined into Zones A, AO, A1-30, and A-H Zone B is not an area of special flood hazard.
"Artist"means one who practices the fine arts which shall be limited to painting, drawing, sculpture, poetry, music, dancing and dramatic art. This is not deemed to include the business of teaching one or more of the arts.
"Art, music, and hobby stores"means stores selling materials and finished products related to arts, crafts, and hobbies and includes the following: art and art supply dealers, camera dealers, crafts supply dealers, stamp and coin shops, music stores, and any other store of a similar nature.
"Attached building"means a building which has any part of its bearing wall in common with another building or which is connected to another building by a roof.
Auto repairs, minor."Minor auto repairs" means the adjustment or replacement of parts, tires, brakes, headlights, and the like, and the tuning of engines. It shall not include complete engine overhaul or rebuilding, body and frame repairs, or painting.
"Automobile sales lots"means uncovered premises used for the storage or sale of complete and operable motor vehicles.
Automotive services, general."General automotive services" means establishments for the sale or rental of new and used cars, trucks, and trailers; gasoline service stations; automobile and truck repair garages, body, fender and paint shops; tire shops and tire recapping plants; stores for the sale of new auto parts supplies and accessories; and any other establishment of a similar nature but not including auto wrecking or the storage or sale of used parts.
"Automobile service station"means a place of business having pumps and/or storage tanks from which liquid fuel and/or lubricants are dispensed at retail directly into the motor vehicle. Sales and installation of auto accessories, washing, polishing, inspections and cleaning, but not steam cleaning, may be carried on incidental to the sale of such fuel and lubricants.
"Automobile wrecking yards"means premises used for the storage or sale of secondhand automobile parts or for the storage, sale, demolition or abandonment of nonoperable or practically obsolete automobiles or machinery or parts thereof.
"Aviary"means any property, building or cage where twenty or more birds are kept or maintained.
"Bakery"means a business devoted to the preparation and/or sale of breads and/or other baked goods which are sold for consumption off the premises.
"Banner, flag, pennant or balloon"means any cloth, bunting, plastic, paper or similar material used for advertising purposes attached to or appended on or from any structure, staff, pole, line, framing or vehicle.
"Bar"means an establishment the main use of which is to serve spirituous liquors to be consumed on the premises. Food may or may not be served. Usually a counter and stools are present. Also includes "tavern" and "cocktail lounge."
"Base flood"means the flood level having one percent chance of being equaled or exceeded in any given year.
"Basement"means any area of the building having its floor subgrade (below ground level) on all sides.
"Berm"means a mound of earth usually used to provide screening or sound attenuation.
"Block face"means that property abutting one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage, waterways, but not an alley of such size as to interrupt the continuity of development of both sides thereof.
"Boardinghouse"means a dwelling in which there is no more than one dwelling unit and more than two but not exceeding five rooming units or guest rooms. Meals may or may not be provided to the occupants thereof. A boardinghouse shall not include homes for persons not members of the family requiring professional or semiprofessional care by reason of physical or mental infirmity or disease or by reason of age.
"Building"means any structure, or part thereof, having a roof supported by columns or walls, for the housing or enclosure of persons, animals, chattels, or property.
"Building height"means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the roof.
"Business identification sign"means a sign which serves to identify only the name, address and lawful use of the premises upon which it is located, and which sets forth no other advertisement.
Building, principal."Principal building" means a building where the primary use of a site is conducted.
"Campgrounds"means premises in one ownership where any persons camp or live in any manner other than in a permanent building built entirely of wood or more lasting materials, excepting trailer camps as defined in this title.
"Cannabis products"shall have the same meaning as provided in California Health and Safety Code Section 11018.1.
"Carport"means a covered area open on one or more sides for the storage of passenger vehicles, boats or trailers.
"Car wash"means any building or land or portions thereof used for the business of washing automobiles.
"Catalogue store"means a business which displays little or no merchandise for immediate sale and where an order must be placed to obtain such merchandise from a warehouse or other point of distribution either on or off the premises.
"CC&Rs"means conditions, covenants and restrictions which establish a set of private regulations for the development and use of private property.
"Cemetery"means an area or building set aside as a final resting place for deceased persons. Also includes mortuary and mausoleum.
"Charitable institution"means a nonprofit or eleemosynary organization that provides a service beneficial to the general public or to a significant portion of the public for no fee or at a fee recognized as being less than that charged by profit making organizations.
"Child care center"means any facility of any capacity other than a large or small family day care home in which less than twenty-four-hour per day nonmedical care and supervision is provided for children in a group setting.
"Church"means a building or structure, or group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated activities and uses.
"City"means the City of Wheatland California.
"City council"means the city council of the City of Wheatland, California.
"Cleaning establishments,"using nonflammable and nonodorous fluids as used in Section is defined as a cleaning and pressing establishment using nonaqueous fluids which are nonflammable and nonodorous.
"Clinic"means an institution providing health services or medical or surgical care for outpatients only, and where overnight facilities are not provided.
Clubs, fraternal and service."Fraternal and service clubs" means a group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, a constitution and bylaws.
"Combination business"means any business in which one business licensee conducts a principal business and one or more subsidiary businesses.
"Commercial center"means a building or group of buildings designed as a planned development and used for commercial and related purposes.
"Commercial kennel"means any property where animals of any species are kept for the purpose of breeding, buying, selling, grooming, training, boarding or exhibiting for profit.
"Commercial marijuana land uses"means the cultivation, manufacture, processing, distribution, storing, laboratory testing, grading, marketing, packaging, labeling, delivery, transportation, commercial use, or sale of marijuana and marijuana products, whether or not through a for-profit or non-profit enterprise, and whether or not conducted with a license issued in accordance with Division 10 of the
Business and Professions Code (Business and Professions Code Section 26000, et seq.).
"Commercial recreation"means any use or development, either public or private, providing amusement, pleasure or sport, which is operated primarily for financial gain.
"Commission"means the planning commission of the City of Wheatland.
"Communication facility"means any commercial facility that contains audio communication, video communications, telecommunication or similar equipment that enables individuals or groups to communicate with others. Such uses may include computer, receiving and/or transmission facilities.
"Community facility"means a building or site used for recreational, social educational and cultural activities, owned and operated by a public or nonprofit group or agency.
"Computer assembly"means the manufacture of computer hardware, including any machinery necessary for the operation of an information system. For purposes of this division, computer assembly is considered manufacturing.
"Computer design"means the creation of computer equipment, systems and programs (software). For purposes of this division, computer design is considered research and development.
"Computer time share service"means a business which utilizes computers to assist other businesses and industries with such functions as design development, accounting, billing, employee insurance and health care plans, payroll and analysis of data. For purposes of this division, computer time share services are considered both service businesses and service industries.
"Conditional use"means a use which may be permitted in a district where it is listed and for which a conditional use permit must be obtained.
"Condominium"means an estate in real property consisting of any undivided interest in common in portions of a parcel of real property together with a separate interest in a dwelling, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.
"Construction trailer"means a trailer used as an on-site office only during actual construction of an approved building site.
Contiguous lots or parcels.Property shall be considered as a "contiguous" unit even if it is separated by roads, streets, utility easements or railroad rights-of-way.
"Convalescent home"means a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the County of Yuba, which provides bed and ambulatory care for patients with post-operative convalescent, chronic illness or dietary problems, and persons unable to care for themselves, but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions. (Includes "Nursing home," "Rest home" and "Home for the aged.")
"Convenience sign"means a sign not larger than six square feet which conveys information such as "restrooms," "no parking," "entrance," and the like, but does not contain brand, trade or business identification and is designed to be viewed from on the site or adjacent to the site by pedestrians or motorists.
"Coverage"means the percent of the total site area covered by structures, open or enclosed, excluding uncovered steps, plazas, patios, and terraces. The area covered by a structure shall be the area under the solid roof of the structure.
"Cultivate" or "cultivation"means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming or processing of marijuana plants or any part thereof, whether occurring indoors or outdoors.
"Cultural institution"means an establishment such as a museum, art gallery, botanical and zoological garden of historic, educational or cultural interest which is not operated for profit.
Dairy, commercial."Commercial dairy" means an agricultural operation where dairy products are produced for profit.
"Day care center"means:
1. Any nonresidential use which receives children for day care;
2. Any occupied residence which receives five or more children, who are not close relatives of the occupants, for day care.
"Delicatessen"means a business devoted to the preparation and sale to the public of food which is packaged and sold for consumption off the premises.
Density, gross."Gross density" means the number of dwelling units per gross acre of land.
Density, net."Net density" means the number of dwelling units per net acre of land.
"Department store"means a large retail store arranged into departments for the sale of a variety of consumer goods.
"Development"(floodplain overlay district) means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
"Directional sign"means a sign designed solely to provide direction or guidance to pedestrians or vehicular traffic.
"Discount store"means a business primarily devoted to the sale of merchandise consistently sold below normal retail prices.
"District"means a portion of the city within which the use of land and structures and the location, height, and bulk of structures are governed by this title; same as "zone."
Drive, private."Private drive" means a drive used exclusively for access to residential units, garages or parking areas. Drives do not connect one development to another nor do they provide connection between streets. A private drive serves only one development, and the number of units it serves may be limited by city policy.
"Driveway"means a path or road traversable by a car which provides access from a street or drive to a garage of a residential unit or to a parking area for a commercial, or institutional development.
"Drive-in business"means any primary or subsidiary business in which business is transacted while the customer or consumer is seated in a motor vehicle.
"Drive-in restaurant"means any establishment where food or beverages are dispensed and where such food or beverages are consumed on the premises but not within a building.
"Drive-in theater"means an open-air theater designed for viewing by the audience from motor vehicles.
"Dwelling"means any building or portion thereof containing one or more rooms with a single kitchen designed or used exclusively as the residence of one or more persons, but not including a tent, or recreation vehicle.
Dwelling, mobile home."Mobile home dwelling" means a moveable or portable dwelling over thirty-two feet in length or over eight feet wide, constructed to be towed on its chassis and designed to be installed, with or without permanent foundation, for occupancy as a residence. A mobile home may include one or more components that can be retracted for towing and subsequently expanded for additional capacity, or two or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit. A mobile home does not include recreational vehicle as defined in this chapter.
Dwelling, two-family—duplex."Two-family dwelling" or "duplex" means a building containing exclusively two dwelling units under a common roof.
"Dwelling unit"means one room, or a suite of two or more rooms, designed and intended for occupancy or a place of residence by one family, and which unit has one kitchen.
"Easement"means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the subject land.
"Efficiency apartment"means a dwelling unit of not more than one bedroom, in addition to kitchen and bath, which does not exceed six hundred square feet of floor area.
"Elevation"means a scale drawing of the front, rear or side of a building.
"Enclave"means an area of residential development which functions as a neighborhood unit. An enclave may be designated as a phase on a concept plan, it may be defined by the natural topography, or it may be defined by man-made features such as lakes or roads. (Includes "Quadrant.")
"Equipment rental"means the use of a building or land for the purpose of providing equipment to individuals or businesses on a rental basis.
"Escort"means any person who, for pecuniary compensation:
1. Escorts, accompanies or consorts with other persons to, from, or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the city; or
2. Escorts, accompanies, or consorts with other persons in or about any place of public or private quarters located or situated within the city; or
3. Escorts, accompanies, or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the city.
"Escort bureau"means any business, agency, or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts.
"Existing grade"means the grade of a building site prior to the placement of any fill on the site or any excavation or removal of earth from the site.
"Existing structure"means, for the purposes of determining flood insurance rates, a structure for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before the date. "Existing construction" may also be referred to as "existing structures."
"Family"means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
Family day care, small."Small family day care" means regularly provided care, protection and supervision of six or fewer children, including children who reside at the home as defined by the State Department of Social Services, in the provider's own home for periods of less than twenty-four hours per day while the parents or guardians are away. Family day care includes large family day care homes and small family day care homes.
Family day care, large."Large family day care" means a home which provides family day care to seven to twelve children inclusive, including children who reside at the home, as defined by the state department of social services.
"Fence"means a barrier of any material or combination of materials constructed to enclose or screen areas of land. (Also includes "Wall.")
"FHBM"means flood hazard boundary map.
"Financial institutions"means establishments and offices offering financial service or counsel and includes banks, savings and loan institutions, stock brokers offices, bonding companies, finance company offices, and any other institution of a similar nature.
"Finished grade"means the level of the finished surface of the ground adjacent to the exterior walls of a building.
"FIRM"means flood insurance rate map.
"Flea market"means a commercial area designed for temporary or intermittent use supplying sales and services by individual, licensed vendors. (Also includes "Swap meet" and "Outdoor bazaar.")
"Flood" or "flooding"means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters;
b. The unusual and rapid accumulation or runoff of surface waters from any source;
c. Mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water caused by a severe storm or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual an unforeseeable event which results in flooding.
"Flood boundary and floodway map"means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the area of flood hazard and the floodway.
"Flood elevation determination"means the determination by the Federal Insurance Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.
"Flood elevation study"means an examination, evaluation and determination of flood hazards and of appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
"Flood hazard boundary map (FHBM)"means an official map of the city issued by the administrator, where the boundaries of the flood, mudslide (i.e., mudflow) and related erosion areas having special hazards have been designated as Zone A. A copy of the latest flood hazard boundary map is on file in the office of the city clerk.
"Flood insurance"means the insurance coverage provided under the National Flood Insurance Program.
"Flood insurance rate map (FIRM)"means an official map of the city on which the administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A copy of the latest flood insurance rate map is on file in the office of the city clerk.
"Flood insurance study"means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood.
"Floodlighting"means the illumination, by any artificial means, of anything on private property not fully contained within a structure.
"Flood protection system"means those physical structural works for which funds have been authorized, appropriated and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the hazard and the extent of the depths of associated flooding. Such a system typically includes dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.
"Floodplain management"means the operation of an overall program of corrective and preventative measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
"Floodproofing"means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, and sanitary facilities, structures, and their contents.
Floor area, gross."Gross floor area" means consists of the square footage area within the exterior façade of a building, excluding penthouse or basement areas which are used exclusively to house mechanical and other building operating equipment.
Floor area, gross leasable."Gross leasable floor area" means the total floor area measured in square feet located within the line of the exterior walls of the building, minus the square footage in the following areas:
1. Areas which are used to house mechanical, electrical, telephone, heating, ventilating, air conditioning and other such building operating equipment;
2. Stairwells, elevators, vertical shafts and fire corridors;
3. Atriums, ground floor and elevator lobbies.
"Floor area ratio"means the ratio between the gross leasable floor area in a building and the net site area of the parcel where the buildings are located.
"Food service establishment"means a business devoted to the preparation and offering for sale of food and beverages to the public for consumption either on or off the premises and which is further defined as follows:
2. "Drive-in restaurant," which means a business that prepares food primarily intended for consumption in vehicles that may or may not be parked on the business premises;
3. "Formula restaurant," which means a business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor or uniforms;
4. "Lunch counter," which means a business devoted to the serving of prepared food or beverages to the public in such a manner that said food or beverages would customarily be consumed while seated at a counter;
8. "Take-out restaurant," which means a business that primarily prepares or serves food intended for consumption off the premises while patrons are walking or standing on the streets or sidewalks or are seated in vehicles.
"Foodstore"means a business devoted to the sale to the public of primarily unprepared foodstuffs which are not sold for consumption on the premises.
"Fortunetelling"means the telling of fortunes, forecasting of futures, or furnishing any information not otherwise obtainable by the ordinary processes of knowledge, by means of any occult or psychic power or faculty or force, clairvoyance, cartomancy, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, science, cards, talisman, charms, potions, magnetism, magnetized articles, or substances, oriental mysteries or magic of any kind or nature, or numerology.
"Foster home"means a home maintained by an individual or individuals having the care of or control of one or more but not more than four minor children, other than those related to each other by blood or marriage, or related to such individuals, or who are legal wards of such individuals.
"FP-1"refers to the floodplain district which comprises the regulatory floodway and may be bounded by floodway encroachment lines as designated on the city's FIRM.
"FP-2"refers to the floodplain district which comprises all areas of special flood hazards exclusive of areas designated FP-1. FP-2 may include Zones A, AO, A1-30, and A-H as designated on the city's FHBM or FIRM.
"Freeboard"means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect or urbanization of the watershed.
Frontage, building."Building frontage" means the lineal extent of a building which fronts on either a street or parking area.
Frontage, street."Street frontage" means the lot or parcel side where it adjoins a street, boulevard, or accessway.
"Fully enclosed structure"means a building or structure with a solid and complete roof, foundation, slab or equivalent base to which a floor is secured by bolts or similar attachments, and walls. The structure must be securable against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials such as three-eighths-inch or thicker plywood, glass or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
"Future facility sign"means a temporary sign which identifies the future use of a site and which meets the specifications of this chapter.
Garage, private."Private garage" means a detached building or portion of a dwelling house, in which motor vehicles used by the occupants of the premises are kept, and with space for not more than four auto-mobiles.
"Golf course"means a tract of land used for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters.
Grade, ground level."Ground level grade" means the average level of the finished ground surface surrounding a structure.
Greenhouse, commercial."Commercial greenhouse" means a building whose roof and sides are made largely of glass or other transparent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale.
"Ground sign"means a sign supported by one or more uprights, poles, posts or braces placed in or upon the ground which are not a part of or attached to a building. (Includes ground signs, pylon signs, freestanding signs, and pole signs.)
Group care, retarded."Retarded group care" means any home, state authorized, certified or licensed family care home, foster home, or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a twenty-four-hour basis. Such homes are considered a residential use. Such homes are conditionally permitted uses in all residential zones, including, but not limited to, residential zones for single-family and estate dwellings, per Section 5116 or the
Welfare and Institutions Code.
"Guesthouse"means a building without kitchen or cooking facilities, containing four hundred square feet or less in floor area, designed to be used by members of the family occupying the dwelling to which it is accessory and their guests or servants employed on the premises; or the guesthouse may be rented upon issuance of a roominghouse permit. A detached garage containing one or more rooms used or adopted for use as human habitation shall be considered a guesthouse.
"Habitable floor"means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.
"Health care facility"means an institution providing health services or medical, surgical or counseling services to individuals where overnight facilities may be provided.
"Health club"means a commercial facility providing instruction or equipment designed to promote or improve the health of the clients. (Includes "Reducing salons.")
Height of a sign."Sign height" means the greatest vertical distance measured from the natural ground level or grade directly beneath the sign to the top of the sign and any accompanying architectural feature of the sign. However, if the sign is a monument sign constructed upon an artificial berm, the height of the sign shall be measured from the nearest curb and shall not exceed one hundred fifty percent of the maximum height allowed by this division.
"Heliport"means an area, either at ground level or located on a structure, licensed or approved for the arrival, loading and departure of helicopters.
"Highest adjacent grade"means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Home care"means the care of six or fewer elderly or disabled persons in a residential dwelling unit or the care of children in a residential unit.
"Home occupations"include activities meeting all of the following conditions:
1. The occupation or profession shall be carried on wholly within a dwelling unit or building attached thereto.
2. No one outside of the family shall be employed in a home occupation.
3. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
4. No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced.
5. The activity shall be limited to the hours between seven a.m. and ten p.m.
6. No mechanical equipment shall be used except that normally used for domestic, hobby or household purpose.
7. A "home occupation" shall not include, but such exclusion shall not be limited to, the following:
a. Barbershops and beauty parlors;
b. Commercial stables, veterinary offices;
8. No more than one home occupation is permitted per dwelling unit.
9. No home occupation shall be permitted which will create any electrical disturbance adversely affecting the operation of any equipment located in any other dwelling unit or on property not owned by the person conducting the home occupation.
10. Home occupations shall not cause any unusual amount or type of discharge to be introduced to the city's sanitary sewer or storm drain system.
11. No home occupation shall receive regular periodic deliveries or generate a commercial type of traffic.
"Homeowners association"means an association of property owners organized to own, maintain and operate common facilities and to enhance and protect their common interests. (Also includes "Owners association," "Community association.")
"Hospital"means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title "hospital" without qualifying descriptive words.
"Hotel"means any building or portion thereof containing living quarters or dwelling units without kitchen facilities, and designed for or intended to be used by six or more transient guests; but not including motels, mobile home parks, boardinghouses, dormitories or labor camps.
"Household pets"means animals which are traditionally kept as pets such as domestic dogs, cats and rabbits, subject to the provisions of Section
18.60.060.
"Identification sign"means a sign which serves to identify only the name, address and lawful use of the activity to which it relates and which sets forth no other advertisement.
"Indoors"means within a dwelling or a fully enclosed structure.
"Industrial use"means the manufacture, assembly, storage or wholesale distribution of a product.
Industries, construction."Construction industries" means industries whose primary business involves the actual construction or remodeling of buildings. (Includes developers, builders and contractors.)
Industries, service."Service industries" means businesses whose primary purpose is to provide a service, as opposed to a product, to offices and industries. Examples include tooling, machining, printing, testing and repairing of equipment. Service industries do not include retail and service businesses as defined in this chapter.
"Infant"means a child between zero and seventeen months of age.
"Information center"means a building which is used to provide information about new developments to the general public.
"In one ownership"means all of any premises assessed as a unit or as contiguous units on the last preceding assessment roll and which is owned by the same person, firm or corporation.
"Institutional use"means a public or quasi-public use such as a church, school, convalescent home, or hospital.
"Interim use"means the use of land for agricultural purposes in areas zoned for urban development prior to the development of this land.
"Introductory service"means a service offered or performed by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.
"Junior accessory dwelling unit"means a unit that is contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
"Junkyard"means the use of a lot or portion thereof for the storage, keeping or abandonment of junk, dismantled automobiles, or other vehicles, or machinery or parts thereof, including scrap metal, rags, or other scrap materials.
"Kennel"means any lot or premises on which five or more dogs or small animals of at least four months of age are kept.
Kennel, private."Private kennel" means any property where four or more dogs or four or more cats, over the age of four months, are kept or maintained solely for the pleasure and enjoyment of the owner.
"Kiosk type recycling unit"means a self-operating or attended small collection facility that accepts several containers at once and usually pays by weight instead of by unit of recyclable material.
"Kitchen"means any room or part of a room which is designed, built, used, or intended to be used for food preparation and dishwashing; but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen.
"Land use category"means a designation established by the Wheatland general plan including land use and development standards which regulate development on a parcel of land.
"Landscaping"means a planted area, or an area incorporating artificial plants, designed to be aesthetically appealing and which contains grass, ground covers, shrubs, trees, stonework, bark dust, or other similar items in any combination. Artificial plants such as artificial turf may also be included in landscaping, provided that they are aesthetically appealing.
"Large collection facility"means a collection facility which is larger than three hundred square feet and is intended for collection, storage and shipment of recyclable material.
"Light service industries"means bakeries, creameries, soft drink bottling plants, cleaning and drying plants, laundries, printing and engraving plants, and any other plant of a similar nature.
"Livestock"includes all animals, poultry, and bees and aquatic and amphibian species which are raised, kept, or used for profit. It does not include those species which are usually kept as pets, such as dogs, cats and pet birds.
"Loading space"means an off-street space or berth used for the loading or unloading of commercial vehicles.
"Lot"means an independently saleable parcel of land, within a single block, which, by reason of ownership, recording, or use, is separate and distinct from other such parcels, and has frontage on a public street or has access to a public street by means of an approved private street or easement.
Lot area, gross."Gross lot area" means net lot area, and the area of any adjoining and appurtenant half-street or half-alley dedicated or irrevocable offered to the public for right-of-way purposes.
Lot area, net."Net lot area" means the total horizontal area included within lot lines, but excluding any portion of such area which has been dedicated or irrevocably offered for public right-of-way purposes, or pedestrian, equestrian and bicycle easements.
"Lot depth"means the average horizontal distance between the front and rear lot lines.
Lot, key."Key lot" means an interior lot, one side of which is contiguous to the rear line of a corner lot.
Lot line, front."Front lot line" means in the case of an interior lot, the line separating the lot from the street right-of-way; in the case of a corner lot, the lot line opposite to the rear lot line.
Lot line, rear."Rear lot line" means the lot line opposite the front lot line, except a corner lot shall have only one rear lot line, to be determined by the builder in orienting a new dwelling on the parcel. The rear lot line shall be the lot line opposite the front of the dwelling.
Lot line, side."Side lot line" means any lot boundary which is not a front or rear lot line.
Lot line, street side."Street side lot line" applies only to corner lots, and it means the side lot line adjacent to the street.
Lot, through."Through lot" means a lot abutting two parallel or approximately parallel streets.
"Lot width"means the horizontal distance between the side lot lines measured at right angles to the depth of the lot of the front yard setback line.
"Major energy facility"means any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity natural gas, petroleum, coal or other sources of energy, and exceeding fifty thousand dollars in estimated cost of construction.
"Manufactured structure"means any structure or portion of a structure which is manufactured away from the site on which it will be ultimately located. (Includes "modular buildings," "commercial coaches" and "mobile homes.")
"Manufacturing"means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including such processes as creation of component parts and substances, assembly, testing, blending of oils, plastics, resins, or liquors, and packaging. Products manufactured at a site may be sold at the site of manufacture as an ancillary activity.
Manufacturing, heavy."Heavy manufacturing" means any manufacturing use operated in such a way that it produces noise, dust or other pollutants or products capable of harming or annoying adjacent uses.
Manufacturing, light."Light manufacturing" means any manufacturing use operated in such a way that it does not cause a harmful or annoying impact on adjacent uses.
"Massage establishment"means any establishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of formentation, electric or magnetic treatments alcohol rubs, or any other type of system for treatment or manipulation of the human body with or without any character of a bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, formentation, or any other type of bath.
"Master plan of drainage"means an engineering report outlining the drainage facilities needed for the proper development of a specific increment of the city, and duly adopted by the city council of the City of Wheatland.
"Medical marijuana"means marijuana that:
1. Has been grown by "a person with an identification card," "qualified patient" or "primary caregiver," as those terms are defined in California
Health and Safety Code Section 11362.7, as the same exists or may hereafter be amended; and
2. Is intended to be, and is, cultivated and distributed in accordance with California
Health and Safety Code Sections 11362.5 and 11362.7 through 11362.83, inclusive, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program, as the same exist or may hereafter be amended.
"Medical marijuana dispensary" or "dispensary"means any permanent, temporary or mobile facility, storefront, building, structure, location, or vehicle, utilized in full or in part, where medical marijuana is made available to, sold, traded, distributed, exchanged or bartered for in any way, with or without consideration, by or between two or more persons in the following categories (as such terms are defined and applied in California Health and Safety Code Sections 11362.5 and 11362.7 to 11362.83): a primary caregiver; a qualified patient; a person with an identification card; or, an individual as described at California
Health and Safety Code Section 11362.765(b)(3). "Medical marijuana dispensary" includes a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider that possesses, cultivates or distributes medical marijuana from a fixed location or mobile outlet. "Medical marijuana dispensary" shall not include any of the following uses, as long as the location of such uses are otherwise regulated by this code or other applicable law and such use complies strictly with applicable law including, but not limited to,
Health and Safety Code Section 11362.5 et seq.: a clinic that is licensed pursuant to Chapter 1 of Division 2 of the
Health and Safety Code; a health care facility that is licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code; a residential care facility for persons with chronic life-threatening illness that is licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; and, a residential hospice or home health agency that is licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
"Merchandise mart"means a use involving dividing a single business premises into space for separate businesses for the purpose of retail sales, whether or not separate businesses is from interior space or a common entry from the public way. A merchandise mart includes other uses such as stall merchandising or multiple enterprise businesses, but it does not include uses wherein concessions or separate departments are created within one store where there is only one business having the appearance of one business and only one set of books is kept for the business.
"Mini warehouse"means a structure containing separate storage spaces of varying sizes which are leased or rented on an individual basis.
"Mining"means the extraction of materials including: solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other processing customarily done at the mine site or as part of a mining activity.
"Mobile home"means a structure, transportable in one or more sections, which is built on a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes, but is not limited to, the definition of "mobile home," as set forth in regulations governing the Mobile Home Safety and Construction Standards Program 924 CFR 3282.7(a).
"Mobile home park"means any lot, tract or parcel of land licensed and used or offered for use in whole or in part, with or without charge, for the parking of occupied mobile homes and travel trailers subject to a use permit and used solely for living and/or sleeping purposes. Travel trailers shall not occupy more than fifteen percent of the spaces of the total mobile home park.
"Mobile home space"means a unit of land within a mobile home park and intended to accommodate one mobile home.
"Mobile recycling unit"means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A "mobile recycling unit" also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
"Motel"means a building or group of buildings comprising individual sleeping quarter or dwelling units for the accommodation of transient guests which is so designed that parking is on the same building site and is conveniently accessible from the living units. This definition includes auto courts, tourist courts and motor hotels but does not include hotels.
"New mobile home park"or "new mobile home subdivision" (floodplain overlay district only) means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of floodplain management regulations adopted by the city.
"Nightclub"means an establishment serving alcoholic beverages under the following classes: Class I, no entertainment; Class II, juke box, no dancing; Class III, juke box, dancing; Class IV, live entertainment, no dancing; and Class V, live entertainment with dancing. See also "Bar."
"Nonconforming building or structure"means a building or structure existing (or permitted to be constructed) prior to a change in the municipal code which change causes such building not to meet current zoning regulations.
"Nonconforming sign"means a sign which was installed in conformance with laws or ordinances in effect at the time, but which is in conflict with the current provisions of this division.
"Nonconforming structure"means a building or structure which was constructed in conformance with laws or ordinances in effect at the time, but which is in conflict with the current provisions of this division.
"Nonconforming use"means the lawfully established use of building, structure or land that does not conform to the present use regulations of this division for the district in which it is located, either at the effective date of this title or as the result of subsequent amendments to this division.
"Nursery"means land or greenhouses used to raise flowers, shrubs and plants for sale.
Nursery, wholesale."Wholesale nursery" means land or greenhouses used to raise flowers, shrubs and plants for wholesale sales only.
"Nursing home"means a facility other than a hospital in which continuing nursing care on a twenty-four-hour basis by a graduate nurse licensed in California or other nursing personnel meeting standards adopted by the state is provided, and in which medical services are prescribed or performed under the direction of a physician or surgeon licensed to practice in California for two or more unrelated persons who are not acutely ill and not in need of hospital care. See also "Convalescent home."
"Occupancy"means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hostelry or dwelling for lodging or sleeping purposes.
Office, design professional."Design professional office" means an office where such professionals as engineers, geologists, architects, landscape architects, land planners, surveyors and interior designers conduct research, analysis of information, computer simulation, diagramming, mapping and drafting in order to create new products or plans. This classification is considered a subcategory of professional, administrative and business offices.
Office, headquarters."Headquarters office" means an office which serves as the regional, national or international office of a business. The office must serve as the focal point for the business's operation for a sizeable geographic area.
Office, professional, administrative, business."Professional office," "administrative office" and "business office" mean locations where the managerial, administrative and clerical functions of a business or industry are conducted, or where members of a profession such as doctors or attorneys conduct their practice.
"Office use"means a use where the affairs of a business, profession, service, industry or government are conducted.
"Outdoors"means any location within the city that is not "indoors" within a dwelling or fully enclosed structure as defined herein.
"Outdoor vending"means the sale of products from a temporary location, usually a mobile cart or stand, and not from within a fixed building.
"Overhang"means the part of a roof or wall which extends beyond the façade of a lower wall.
"Overlay district"means a district containing special regulations to be invoked where appropriate or necessary in addition to basic district regulations; a "combining district."
"Parcel"means an area of land designated on a subdivision map or otherwise legally saleable separately from adjoining property; a "lot."
"Park"means a tract of land designated and used by the public for active or passive recreation.
Pawnbroker, pawnshop.1. "Pawnbroker" means any person engaged primarily in the business of lending money at interest on pledged or secured personal property.
2. "Pawnshop" means any business operated by a pawnbroker in which any merchandise is offered for retail sale to the general public.
"Permitted use"means any use allowed in a land use category and subject to the restrictions applicable to that zoning district.
"Planned development"means a development which is planned and processed through city approvals as a unified project which includes common areas and may include more than one lot and more than one use.
"Political campaign sign"means a sign indicating the name, slogan, platform and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election or referendum, or pertaining to the advocating by persons, groups or parties of particular political views or policies.
"Principal business"means a business conducted in any place of business within the city which provides over one-half of the gross income derived from the conduct of business on the premises by one business licensee.
"Principally above ground"means at least fifty-one percent of the actual cash value of the structure, less land value, is above ground.
"Program"means the National Flood Insurance Program authorized by 42 U.S.C. 401-4128.
"Project cost"means the total financial cost of a flood protection system (including design, land acquisition, construction, fees, overhead and profits), unless the Federal Insurance Administrator determines a given cost is not to be a part of such projected cost.
"Projecting sign"means a sign other than a wall sign suspended from or supported by a building or structure and projecting outward.
"Public hearing"means a meeting announced and advertised in advance and open to the public, where the public is given an opportunity to make comment on the items advertised.
"Public notice"means the advertisement of a public hearing or meeting in a paper of general circulation in the area, by posting or otherwise, indicating the time, place and nature of the public hearing.
"Qualified patient"means a person identified in California Health and Safety Code Section 11362.7(c) or (f), as the same exists or may hereafter be amended.
"Real estate sign"means a temporary sign advertising the sale, lease or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease or rent.
"Reconstruction"means replacement or rebuilding in any one twelve-month period of a structure, the value of which exceeds fifty percent of the structure prior to reconstruction or rebuilding.
Recreation, commercial."Commercial recreation" means recreation facilities open to the general public for a fee or restricted to members when operated for profit as a business.
Recreation, private noncommercial."Private noncommercial recreation" means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization and their guests.
"Recreational vehicle"means a vehicular-type portable structure without permanent foundation which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motorhomes.
"Recreation vehicle park"means any lot, tract, or parcel of land used or offered for use in whole or in part, with or without compensation, for the parking of occupied recreational vehicles.
Recreational vehicle storage, private."Private recreational vehicle storage" means recreational vehicle storage which is owned and operated by a homeowners association and used exclusively by members of that association.
"Recycling center"means a center where waste products are reduced to raw materials and transformed into new and often different products.
"Recycling facility"means an operation which is certified by the California Department of Conservation and which accepts from consumers and pays or provides the redemption value and any applicable redemption bonus for empty beverage containers intended to be recycled (glass, plastic aluminum and non-aluminum metal beverage containers), paper and other recyclable material approved by the City of Wheatland.
"Regular program"means the program authorized by The Act under which risk premium rates are required for the first half of available coverage (also known as "first layer" coverage) for all new construction and substantial improvements started on or after the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date, are eligible for first layer coverage at either subsidized rates of risk premium rates, whichever are lower. Regardless of date of construction, risk premium rates are always required for the second layer coverage; and such coverage is offered only after the administrator has completed a risk study for the community.
"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 base flood without cumulatively increasing the water surface elevation more than one foot. The regulatory floodway comprises the city's FP-1 District.
Residential, cluster."Cluster residential" means a residential apartment, condominium or planned development other than a conventional detached residential development in which dwellings are grouped to minimize street and utility line length, and a substantial portion of the site is retained in open space uses.
Residential, conventional detached."Conventional detached residential" means a development with each dwelling unit situated on a residential lot of record and no lot containing more than one dwelling unit.
Residential, second unit."Second residential unit" means a second dwelling unit built on a single-family lot in accordance with the requirements of this chapter.
"Restaurant"means a business devoted to the serving of prepared food to the public where the food is consumed on the premises while the customers are seated at tables.
Restaurant, fast food."Fast food restaurant" means a relatively high-volume restaurant providing seating facilities and serving take-out food such as hamburgers, tacos or chicken. Fast food restaurants generally serve prepared or rapidly prepared meals. Food is generally served in disposable containers.
Restaurant, take-out."Take-out restaurant" means primarily a low-volume restaurant serving specialty food items such as ice cream, pizza, donuts or deli sandwiches. The majority of business in this type of restaurant is take-out, and only ancillary seating facilities are present.
Retail and service business, general."General retail and service business" means a business oriented toward serving the needs of the residents or employees in the area. Examples of such businesses include:
"Reverse vending machine (RVM)"means an automated mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or another type of redemption bonus. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. A reverse vending machine shall be maximum eight feet high and shall have a maximum one hundred cubic feet of capacity.
Right-of-way, ultimate."Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, or a recorded parcel map. If none of these exist, the ultimate right-of-way shall be considered the right-of-way required by the city engineer.
"Riverine"means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Roof"means that portion of a structure covered by a solid weatherproof material.
"Roominghouse"means any structure or structures on any single-family residential building site in the R-1 district in which lodgings are furnished or offered to any individual person or persons for any consideration, whether money or other thing of value, and whether with or without board.
"Scenic highway"means any highway designated a scenic highway by an agency of the city, county, state or federal government.
"School"means any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge.
School, private."Private school" means any building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.
School, public."Public school" means any building or group of buildings the use of which meets the state requirements for primary, secondary or, higher education and which does secure the major part of its funding from a governmental agency.
"School-age child"means a child who is attending kindergarten through a child who is under eighteen years of age.
"Screening"means a method of visually shielding or obscuring one abutting or nearby structure or use from another structure or use from view by fencing, walls, berms or densely planted vegetation.
"Services"refers to establishments primarily engaged in providing services for individuals, business and government establishments and other organizations, including hotels and repair and amusement services, health, legal, engineering and other professional services, educational institutions, membership organizations, and other miscellaneous services.
"Setback"means a line established by this title to govern the placement of buildings with respect to streets, drives, other buildings, or property lines. Setbacks from the street are generally measured from the curb face and interior setbacks from the side or rear property line.
"Setback area"means an open space area between the setback line and the street, drive or property line from which the setback is measured.
"Setback line"means a line established by this title or by separate ordinance to govern the placement of buildings or structures with respect to lot lines, streets, or alleys.
"Sheltered care home"means a facility other than a hospital or nursing home for two or more unrelated persons who are not acutely ill, which renders personal care and assistance with meals, dressing, medications prescribed by a physician or surgeon licensed in California, and other personal assistance of a similar type and includes homes for the aged and infirm who do not need skilled nursing care.
Sign, illuminated."Illuminated, sign" means any sign which radiates light by transmission and which is visible from any public property or right-of-way.
"Sign"means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, or otherwise fastened, affixed, constructed or made visible, including billboards, and signboards for out-of-door advertising purposes.
"Site"means the parcel, lot, or group of contiguous parcels functioning as the location of a specific land use or group of land uses. A site consists of a parcel or parcels which are developed and planned as a unit. A site may be subdivided into smaller lots or into condominiums provided there is a mandatory owners association. In conventional detached developments, the site is synonymous with the individual single-family lot.
Site area, gross."Gross site area" means the total area of a site measured to the center line of all adjacent streets.
Site area, net."Net site area" means the total area of a site excluding all public and private streets and all easements that prohibit the surface use of a portion of the property.
"Site coverage"means the relationship between the net site area and the building footprint area on the site. (Also includes "building coverage.")
"Small collection facility"means a collection facility which is no larger than three hundred square feet, and is intended for collection only. A small collection facility is intended for day-to-day collection of materials and does not include power-driven processing equipment except as part of reverse vending machines. A small collection facility shall be a maximum of ten feet high.
"Small family day care"means a home which provides family day care to six or fewer children, including children who reside at the home, as defined by the State Department of Social Services.
"Snack bar"means a business devoted to the serving of prepared food or beverages to the public, in such a manner that said food or beverages would customarily be consumed on or near the premises while the customers are not seated.
"Soda fountain"means a business devoted exclusively to the preparation and serving of nonalcoholic beverages, ice cream dishes, confections, and desserts for consumption on the premises by persons seated at tables or counters.
"Space"means a designated location for placement of a mobile home or recreational vehicle in the appropriate park.
"Special hazard area"means an area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on a FHBM or FIRM as Zone A, AO, Al-30, A-H, VI-30, M or E.
"Stable"means any property, building or structure where one or more horses is kept or maintained, be it private or open to the public.
"Start of construction"(floodplain overlay district only) means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as a part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within mobile home parks or mobile home subdivisions, start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
"State coordinating agency"means the agency of the state government, or other office designated by the governor of the state or by state statutes at the request of the administrator to assist in the implementation of the National Flood Insurance Program in that state.
"Storage"means the keeping or maintaining of goods at the same location for a period of time in excess of 72 hours.
"Story"means that portion of a building included between the surface of any floor and the surface of the next floor above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement, the ceiling of which is less than four feet six inches above the grade level, shall not be considered a story. A mezzanine floor shall be considered a story if it exceeds thirty-three and one-third percent of the area of the floor next below it.
"Street"means a dedicated public passageway which affords a principal means of access to abutting property.
"Streetscapes"mean landscaped areas adjacent to public or private streets to buffer adjacent developments which may serve as a means for reducing noise impacts.
"Structural alterations"means any change in the structural members of a building, such as bearing walls, columns, beams, or girders.
"Structure" (other than for floodplain purposes)means anything constructed, the use of which requires permanent location or the ground. This does not include driveways, or parking spaces, or patios where the area is unobstructed from the ground up.
"Subdivision"means the division of a lot, tract or parcel of land into two or more lots, tracts parcels or other divisions of land for sale, development or lease. "Subdivision" has the meaning as defined by the Subdivision Map Act and Subdivided Lands Act, as each are revised from time to time.
"Subsidiary business"means a business conducted in any place of business within the city which provides less than one-half of the gross income derived from the conduct of business on the premises by one business licensee.
"Substantial improvement"means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure, either (1) before the improvement or repair is started, or (2) if the structure has been damaged, and is being restored, 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. The term does not, however, include either (1) any project for improvement 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 a state inventory of historic places.
"Super graphic"means a painted design which covers an area greater than ten percent of a wall, building façade, or other structure. A super graphic is a sign only if it displays or suggests information which identifies or advertises by name or symbol. Otherwise, a super graphic shall be considered an architectural embellishment subject to the approval of the Wheatland architectural review committee.
"Supermarket"means a retail business which provides groceries, meats, dairy products, produce and other food or food service products.
"Temporary use"means a use established for a fixed period of time with the intent to discontinue this use upon the expiration of the time period.
Time-share definitions.1. A "time-share estate" means a right of occupancy in a time-share project which is coupled with an estate in the real property.
2. A "time-share use" means a license or contractual or membership right of occupancy in a time-share project which is not coupled with an estate in the real property.
3. "Time-share occupancy" means occupancy related to the situation wherein a purchaser receives the right or entitlement in perpetuity, for life, or for a term of years or other extended term, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), hotel or portion thereof, or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the time-share project which is involved has been divided. The right or entitlement to occupancy may attach in advance to a specific lot, parcel, unit, room (s), or portion of a hotel, or segment of real property, or may involve designation or selection of the same at a future time or times.
4. "Time-share program" means any arrangement for a project whereby the use, occupancy or possession of real property has been made subject to a time-share estate, use or occupancy, whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, but not necessarily for consecutive years.
5. "Vacation time-sharing project" means any real property that is subject to a time-share program.
6. A "time-share project" means one in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided.
"Toddler"means a child between the ages of eighteen months through two years six months of age.
"Trip"means a single or one-way vehicle movement either to or from a subject property or study area.
"Trip ends"means the total of trips entering and leaving a specific land use or site over a designated period of time.
"Truck terminal"means a business providing a location where goods carried by motor transport can be received, transferred from one vehicle to another, and/or shipped, where the primary purpose is not storage but to serve as a point of transfer.
"Usable open space"means the aggregate area of unobstructed space, subject to the requirements of the district in which the use is located, which is devoted to play areas, yards, courts, patios, balconies, roof terraces or such other recreational or leisure areas as may be provided within a lot or planned area development. Usable open space shall not include area devoted to vehicular circulation, off-street parking, pedestrian sidewalks, storage, or space devoted exclusively to ornamental landscaping.
"Use"means the purpose for which either land or a structure thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
Use, accessory."Accessory use" means a use legally permitted in the zone, which use is incidental to and subordinate to the principal use of the site or of a main building on the site.
Use, categories of."Categories of use" means the following:
1. "Allowed use" means any use specified within the zoning district regulations or incorporated by reference to the Standard Industrial Classification (SIC) Code. Allowed uses may be either permitted within a zone or may require a use permit.
2. "Permitted use" means any use that is specified within the zoning district regulations or incorporated by reference to the Standard Industrial Classification Code and which does not require a conditional use permit.
3. "Conditionally permitted use" means any use specified within the zoning district regulations or incorporated by reference to the Standard Industrial Classification Code, and which is listed within this code as requiring a conditional use permit prior to establishment of the use.
4. "Nonconforming use" means any use that existed prior to a change in the municipal code which prohibits such use, or any use operating without a conditional use permit that existed prior to a change in the municipal code which requires a conditional use permit for such use.
Use, change of."Change of use" means any modification initiated by, or reasonably under the control of, the operator of a use which:
1. Alters or has the potential to alter the impact of the use on the community;
2. Violates one or more of the conditions attached to a conditional use permit;
3. Negates or contradicts a finding related to approval of a conditional use permit;
4. Alters the size, capacity or cubical content of a use;
5. Alters the categorization of the use, as defined within the municipal code, SIC Code or as defined on the business license.
Use, conditional."Conditional use" means a principal or accessory use of land or of structures thereon which use may be permitted only upon the issuance of a use permit, as provided in this title.
Use, principal permitted."Principal permitted use" means the primary use of land or of a main building which use is compatible with the purpose of the zone and which is permitted in the zone.
"Used merchandise store"means a business devoted primarily to the sale of used goods normally consisting of household discards. This definition does not apply to specialty stores such as book stores, antique stores, jewelry stores, or stamp and coin shops.
"Variance"means a grant of relief from the terms of this title.
"Vehicle assembly"means the use of any building or land for a business, service or industry involving the assembling of vehicle parts.
"Vehicle impound yard"means any property where automobiles are stored for a law enforcement agency which requires the payment of a fee or fine to recover the vehicle.
"Vehicle repair"means the use of any building or land for a business, service or industry involving the maintenance, servicing or repair or painting of vehicles which is conducted as the sole or primary use of the land. (Also includes "Repair garage.")
"Vehicle sales"means the use of any building or land for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.
"Vehicle storage"means any land where two or more vehicles are stored outside of an enclosed structure.
"Vehicle wrecking yard"means any land where two or more vehicles not in running condition, or the parts thereof, are wrecked, dismantled, disassembled or substantially altered.
Veterinary services, domestic."Domestic veterinary services" means a place where animals or pets commonly kept in a residential area are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. (Also includes "animal hospital.")
Veterinary services, livestock."Livestock veterinary services" means the same as "domestic veterinary services" except that the animals treated are livestock such as horses, cattle, sheep and others.
"Wall sign"means a sign attached to or erected on the exterior wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the plane of the exterior wall.
"Warehouse"means a building used primarily for the storage of goods and materials.
"Warehouse and sales outlets"means businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale.
"Water surface elevation"means the projected heights in relation to mean sea level reached by floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Wellness center"means a facility providing coordinated programs designed to promote the physical, psychological and emotional health of its clients.
"Wholesale use"means businesses which store large stocks of goods and sell them in bulk quantities to retail outlets. Sales to the general public do not occur on the site, nor is the location of the business advertised through newspapers, flyers or other media designed to reach the consumer.
"Window sign"means any sign, exposed to public view, attached, painted or pasted, either permanent or temporary, on the interior or exterior of a window.
"Yard"means an open space other than a court on the same site with a building, which open space is unoccupied and unobstructed from the ground upward, except for landscaping or as specified elsewhere in this title; but not including any portion of any street, alley or road right-of-way, except as specified elsewhere in this title.
Yard, front."Front yard" means a yard of uniform depth extending across the full width of the lot between the front lot line and the nearest vertical support or wall of the main building, or enclosure or covered porch attached thereto. The front yard of a corner lot is the yard adjoining the street frontages. On a through lot which fronts on two streets that are separated by the lot, front yards shall be maintained on both frontages.
Yard, rear."Rear yard" means a yard of uniform depth extending across the full width of the lot between the rear lot line and the nearest vertical support or wall of the main building or enclosure or covered porch attached thereto.
Yard, side."Side yard" means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the lot and the nearest vertical support or main wall of each building or enclosure or porch attached thereto.
"Zone"means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. The word "zone" includes the word "district."
"Zone B"means the areas between the special flood hazard area and the limits of the five-hundred-year flood, including areas of the fifty-year floodplain that are protected from the one-hundred-year flood by dike, levee or other water control structure; and areas subject to certain types of one-hundred-year shallow flooding where depths are less than one foot.