For the purpose of this title, the words and phrases set forth in this chapter shall have the meanings respectively ascribed to them herein, and the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.

(Ord. 82-4 §3(part)).

"Abutting" means land having a common property line or district line or separated only by a private street, alley or easement.

(Ord. 82-4 §3(part)).

"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.

An accessory dwelling unit also includes the following:

A.

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

B.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(Ord. No. 18-03, 9-26-18)

"Accessory use or structure" means a use or structure subordinate to or part of the principal use on the same lot and serving a purpose customarily incidental to the principal use.

(Ord. 82-4 §3(part)).

(Ord. No. 18-03, 9-26-18)

(Ord. 82-4 §3(part)).

"Agent of owner" means any person who can show written proof that he is acting for the property owner.

(Ord. 82-4 §3(part)).

"Agriculture" means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, apiaries, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, processing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and, provided further, that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.

(Ord. 82-4 §3(part)).

"Alley" or "lane" means a public or private way, not more than thirty feet wide, affording only secondary means of access to abutting property.

(Ord. 82-4 §3(part)).

"Alter" means to change any of the supporting members of buildings, such as bearing walls, columns, beams or girders.

(Ord. 82-4 §3(part)).

"Efficiency apartment" means a dwelling unit in a multifamily building consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

(Ord. 82-4 §3(part)).

"Apartment vacancy rate" means the number of vacant apartments in the city at a given time shown as a percentage of the total number of apartments in the city. Vacant apartments include those units which are:

A.

Currently vacant and available for rent or lease;

B.

Vacant, but temporarily not available for rent or lease due to painting, cleaning or repairs; and

C.

Currently occupied, but will become available for rent or lease within one week.

(Ord. 82-4 §3(part)).

"Arts and crafts fair" means an organized exhibit and/or sale of art works and craft items such as macrame, knitted goods, stitchery, pottery and other sales generally associated with these events.

(Ord. 82-4 §3(part)).

"Major automobile repair" means the repair or replacement of frames and bodies, including painting, of vehicles of all weights and sizes, and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half ton capacity. This definition includes auto and truck paint shops, body and fender repair shops, and wrecked vehicle storage areas. When any of the above uses are an integral part of and connected with new motor-vehicle dealers, such uses shall be considered as an accessory use.

(Ord. 82-4 §3(part)).

"Minor automobile repair" means the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half ton capacity. This definition includes auto transmission shops, brake and wheel shops, radiator repair shops, fuel and electrical repair shops, upholstery and muffler shops.

(Ord. 82-4 §3(part)).

"Automobile sales area" means an open area, other than a street, used for the display, sale or rental of new or used passenger vehicles or other motor vehicles, such vehicles as mobile homes and trailers, and such recreational equipment as campers and boats, in operable condition and where no repair work is done, but not including the rental of motor homes, mobile homes, or pickup trucks with campers mounted thereon in the sales area.

(Ord. 82-4 §3(part)).

"Automobile service station" or "gasoline service station" means a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as: dispensing of automotive fuel and motor oil; vehicle washing and lubricating services; the sale and servicing of tires, batteries, replacement items and other automotive accessories; and minor automotive repair. This definition shall not be deemed to include such things as body or fender work, painting or major automobile repairs, sales of nursery products, or coupon redemption for or sales of merchandise not accessory to a motor vehicle. Gasoline service stations may also provide a towing service limited to no more than two trucks, or equipment rental, subject to conditions of approval by the reviewing agency. When a conditional use permit shall have been granted to authorize an automobile service station or gasoline service station on a lot, the only use permitted thereon shall be the supplying of those goods and services described in the first and third sentences of this section, unless such conditional use permit expressly authorizes other uses. Permitted uses otherwise allowed in the zoning district in which a service station is located are not allowed in conjunction with a service station unless specifically authorized by a conditional use permit.

(Ord. 82-4 §3(part)).

"Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers; the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts; and the towing of such vehicles or parts in connection with such activity.

(Ord. 82-4 §3(part)).

"Basement" means a story whose floor is more than twelve inches, but not more than one-half of its story height, below the average level of the adjoining ground (as distinguished from a "cellar," which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.

(Ord. 82-4 §3(part)).

"Beginning of construction" means the incorporation of labor and material within the foundation of the building or buildings.

(Ord. 82-4 §3(part)).

(Ord. 82-4 §3(part)).

(Ord. 82-4 §3(part)).

"Boardinghouse" or "roominghouse" means a dwelling or part thereof where meals and/or lodging are provided, for compensation.

(Ord. 82-4 §3(part)).

"Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided in this title.

(Ord. 82-4 §3(part)).

"Height of building" means the vertical distance from the average contact ground level at the front wall of the building, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

(Ord. 82-4 §3(part)).

"Main building" means a building in which is conducted the principal use of the building site on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the building site on which the same is located.

(Ord. 82-4 §3(part)).

"Bus" means any motor vehicle, other than a motor-truck or truck tractor, designed for carrying more than ten persons including the driver and used for the transportation of passengers. The term "bus" has the same meanings as the term "bus" as defined in the California Vehicle Code.

(Ord. 82-4 §3(part)).

"Camper" means a shelter designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. The term "camper" has the same meaning as the term "camper" as defined in the California Vehicle Code.

(Ord. 82-4 §3(part)).

"Camper vehicle" means a motor vehicle, such as a pickup truck, to which a camper is temporarily attached.

(Ord. 82-4 §3(part)).

"Canopy" means a canvas covering securely fastened above a doorway to a building.

(Ord. 89-6 §2).

"Carport" means a detached or attached structure with a covered roof containing one or more parking spaces and open on one or more sides. A carport located upon a lot developed with a residential dwelling or dwellings serves a similar use as a private garage.

(Ord. 82-4 §3(part)).

"Cellar" means a story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.

(Ord. 82-4 §3(part)).

As used in this title, a use shall be deemed to have ceased when it has been discontinued either temporarily or permanently, whether with the intent to abandon such use or not.

(Ord. 82-4 §3(part)).

"Circus" and/or "carnival" and "special event" means a temporary, organized, outdoor program of entertainment or exhibition, such as a fair, gymkhana, flea market, rodeo or similar use, where activities include such things as rides, exhibits, food service, sales or small-scale games.

(Ord. 82-4 §3(part)).

"City council" means the city council of the city of Willits, California.

(Ord. 82-4 §3(part)).

"Combining zone" means a zone within which certain regulations and requirements apply in addition to, and are combined with, regulations and requirements of another zone.

(Ord. 82-4 §3(part)).

"Commercial" means any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor or improver.

(Ord. 82-4 §3(part)).

"Commercial vehicle" means a vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. The term "commercial vehicle" does not include a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. The term "commercial vehicle" has the same meaning as the term "commercial vehicle" as defined in the California Vehicle Code.

(Ord. 82-4 §3(part)).

"Commission" means the city planning commission.

(Ord. 82-4 §3(part)).

"Community apartment" means a project in which an undivided interest in land is coupled with the right of exclusive occupancy of an apartment located thereat.

(Ord. 82-4 §3(part)).

"Community club" means buildings and grounds used for and operated by a nonprofit organization whose membership is open to any resident of the district, neighborhood or community in which the club is located, provided that the primary objectives of the organization are the improvement of the district, neighborhood or community and its social welfare and recreation.

(Ord. 82-4 §3(part)).

(Ord. 82-4 §3(part)).

"Conditional use" means a use of land for which a conditional use permit is required, pursuant to Chapter 17.72 of this code.

(Ord. 82-4 §3(part)).

"Condominium" means individual ownership of a dwelling unit within a multiple-unit structure, exclusive of the land underlying said structure.

(Ord. 82-4 §3(part)).

"Construction yard" means an area on or immediately adjacent to a major construction or demolition site used on a temporary basis for the parking and storage of equipment used in the project, and the storage and preparation of materials and other items used in the project. Such yard may include construction offices and such shops as are necessary for work on the immediate project.

(Ord. 82-4 §3(part)).

"Corporation yard" or "service yard" means buildings and premises, including offices, used by any person or by the city for the storage, maintenance, repair and processing of equipment, materials and other items involved in construction or maintenance of physical facilities having permanently fixed locations, or in the operation of a fleet of rolling stock.

(Ord. 82-4 §3(part)).

"Condominium development" means a structure and appurtenant premises divided in ownership by the existence of condominiums as now or hereafter defined in Section 783 of the Civil Code of the state, and shall include instances where ownership is so divided following prior single ownership of the entire structure and premises, as well as new structures so divided in ownership.

(Ord. 82-4 §3(part)).

"Controlled-access highway" means a freeway which has been designated a controlled-access highway by the California Highway Commission or the State Highway Engineer. The term "controlled-access highway" has the same meaning as the term "controlled access highway" as used in the California Streets and Highways Code.

(Ord. 82-4 §3(part)).

"Convenience food store" means a grocery store limited to two thousand five hundred square feet in total floor area and which carries a limited inventory.

(Ord. 82-4 §3(part)).

"Court" means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

(Ord. 82-4 §3 (part)).

"Director of planning" means the director of planning of the city.

(Ord. 82-4 §3 (part)).

"Department store" means a store or group of shops under unified management, selling a variety of merchandise groups normally including clothing, appliances, hardware and furniture.

(Ord. 82-4 §3 (part)).

"Development" means any manmade 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.

(Ord. 89-1 §2 (part)).

"District" means a zone.

(Ord. 82-4 §3 (part)).

"Domestic pet" means any of the various animals customarily kept as household pets (except exotic animals).

(Ord. 82-4 §3 (part)).

"Drive-in enterprise" means a business, activity or other use of land consisting of sales or service activity predominantly rendered to patrons who normally receive the products or utilize the services at least in part while in automobiles upon the premises. This definition includes, inter alia, automobile service stations, automotive car washes and drive-in restaurants.

(Ord. 82-4 §3 (part)).

A.

"Drive-in eating place" means an eating place:

1.

Which has less than fifty percent of the floor area of the total structure devoted to indoor seating, and which serves food and/or drink from throw-away plates, wrappings or cups; or

2.

Which serves food from a pass-through opening to vehicles; or

3.

Which serves food to parked vehicles.

B.

Establishments selling prepared food for exclusive consumption off the premises shall not be considered as drive-in eating places on the basis of seating, but may be considered as drive-in eating places on the basis of a pass-through opening or service to parked vehicles.

(Ord. 82-4 §3 (part)).

"Driveway" means a permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport or other permitted parking space, or parking area or loading area.

(Ord. 82-4 §3 (part)).

"Major driveway aisle" means a driveway providing principal access to the parking area, or the driveway providing principal circulation throughout the parking areas or premises.

(Ord. 82-4 §3 (part)).

"Dwelling" means any building or portion thereof, designated or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach.

(Ord. 82-4 §3 (part)).

"Single-family dwelling" means a dwelling designed to contain a single dwelling unit.

(Ord. 82-4 §3 (part)).

"Two-family dwelling" or "duplex dwelling" means a dwelling designed to contain two dwelling units.

(Ord. 82-4 §3 (part)).

"Multiple dwelling" means a dwelling designed to contain three or more dwelling units, including apartments, condominiums, attached townhouses and similar dwellings, but excluding motels, hotels, boardinghouses, lodginghouses, fraternities, and similar dwellings.

(Ord. 82-4 §3 (part)).

"Dwelling unit" means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

(Ord. 82-4 §3 (part)).

"Dwelling group" means a group of two or more dwellings, either detached or attached, located on a parcel of land in one ownership and having any yard or court in common.

(Ord. 82-4 §3 (part)).

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(Ord. No. 18-03, 9-26-18)

"Existing structure" for the purposes of defining an allowable space that can be converted into an ADU means within the four walls and roof line of any structure existing on or after January 1, 2017 that can be made safely habitable under local building codes at the determination of the building official regardless of any non-compliance with zoning standards.

(Ord. No. 18-03, 9-26-18)

"Family" means one or more persons living together in a dwelling unit.

(Ord. 82-4 §3 (part)).

(Ord. No. 18-03, 9-26-18)

"Family day care home" means a home which regularly provides care, protection, and supervision of twelve or fewer children, in the provider's own home, for periods of less than twenty-four hours per day.

(Ord. 82-4 §3 (part)).

(Ord. No. 18-03, 9-26-18)

"Farm worker housing" means any attached or detached dwelling unit used to house farm/agricultural workers and their family members, including temporary mobile homes. Farm worker housing is divided into the following subtypes:

• Farm worker housing for six persons or fewer; or

• Farm worker housing consisting of no more than thirty-six beds in group quarters or twelve units or spaces, each designed for use by a single family or household.

(Ord. No. 18-03, 9-26-18)

"Fence" means a structure made of wire, wood, metal, masonry or other material, used as a screen or enclosure for a field, yard or lot.

(Ord. 82-4 §3 (part)).

(Ord. No. 18-03, 9-26-18)

"Fence height" means the difference in elevation between the top of a fence or hedge, and the ground surface at the lowest point of the fence or hedge. Where a fence is erected atop or within ten feet of a retaining wall on the property line, or on the same lot, the height of the fence shall include the retaining wall.

(Ord. 82-4 §3 (part)).

(Ord. No. 18-03, 9-26-18)

"Open fence" means a fence constructed with material consisting of woven wire or other metals which restricts movement but not visibility.

(Ord. 82-4 §3 (part)).

(Ord. No. 18-03, 9-26-18)

"Finished appearance," as applied to fencing, generally means the shielding of posts and rails by the application of a facing. Fencing in which such posts and rails are made a design feature of the fence, or fence which is so constructed that the posts and rails have the same appearance on both sides, shall be considered as having a "finished appearance" on both sides.

(Ord. 82-4 §3 (part)).

"Floodplain combine zone (-FP)" means an area which is defined in Chapter 17.40 which applies to the one-hundred-year floodplain area(s) delineated on the Flood Insurance Rate Map.

(Ord. 89-1 §2 (part)).

"Floodproof structure" means any structure which, in the opinion of the building official, is designed and constructed to resist flotation, destruction or major damage by floodwaters.

(Ord. 82-4 §3 (part)).

"Floodwaters" means a body of water resulting from an overflow of a river, channel, bay or drainage canal, or backwater due to inadequate downstream capacity which inundates the land.

(Ord. 82-4 §3 (part)).

"Floodwater without velocity" means floodwater which lacks any significant current, as differentiated from a watercourse with a significant current and a high volume of water moving past any given point of reference.

(Ord. 82-4 §3 (part)).

"Floodway" means the channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the floodwater or flood flows of any river or stream, including but not limited to flood flows associated with the regulatory one-hundred-year flood.

(Ord. 82-4 §3 (part)).

"Floodway combining zone (-FW)" means an area as defined in Chapter 17.38 which applies to the floodway area(s) delineated on the flood boundary and floodway maps.

(Ord. 89-1 §2 (part)).

"Floor area" means the sum of the areas of the several floors of structure(s), as measured by the exterior faces of the walls, less any area within the structure(s) devoted to parking, vehicular atriums or enclosed malls and similar areas.

(Ord. 82-4 §3 (part)).

"Private garage" means an attached or detached accessory building located upon a lot developed with a residential dwelling or dwellings (or a portion of a main residential building), used by the occupants resident upon the premises principally for the storage of passenger vehicles, and other vehicles and equipment permitted to be located upon the lot.

(Ord. 82-4 §3 (part)).

"Public garage" means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of motor vehicles or other vehicles; except that a structure or part thereof used only for storage (as in the case of a public parking area) or display (as in the case of an automobile sales area) of motor vehicles, but not for transients, and at which fuels and oils are not sold and such motor vehicles are not equipped, repaired or hired, shall not be deemed to be a public garage.

(Ord. 82-4 §3 (part)).

"General plan" means the General Plan of the city, as adopted by the city council December 10, 1973, as amended.

(Ord. 82-4 §3 (part)).

"Guesthouse" means an attached or detached living quarters without kitchen facilities.

(Ord. 82-4 §3 (part)).

"Guest ranch" means a ranch or farm with facilities for not more than fifteen guests.

(Ord. 82-4 §3 (part)).

"Handicap center" means a building that is used almost exclusively to provide programs and services to persons that are physically handicapped.

(Ord. 89-6 §3).

"Hedge" means a barrier formed by bushes, shrubs or trees growing close together in a line with interwoven branches.

(Ord. 82-4 §3 (part)).

"Historical resource" means any building, structure, tree, plant life or site that either serves as a reminder of past eras, events or persons important in local or other history, or represents a significant example of an architectural style of the past.

(Ord. 82-4 §3 (part)).

"Historical resource site" means any place constituting a historical resource not otherwise defined as historical resource structure. Such term includes, but is not limited to, creeks, sloughs, landings, ponds, lagoons, watercourses, canyons, historical communities, cemeteries and burial grounds, mountain peaks and passes, gravel pits, locations of previously existing buildings and structures, and locations of archeological significance.

(Ord. 82-4 §3 (part)).

"Historical resource structure" means any building, structure, tree or plant life constituting a historical resource.

(Ord. 82-4 §3 (part)).

"Home improvement center" means a retail establishment which carries a full line of building materials, appurtenances and decorator items for individual "do-it-yourselfer" residents to facilitate the improvement, rehabilitation and maintenance of individual dwellings. This use is different in function from a building supply yard or lumberyard which stores large volumes of building materials for contractors, home builders and/or individuals, most of which is stored in special sheds or out-of-doors.

(Ord. 82-4 §3 (part)).

"Home occupation" means a use customarily carried on in a dwelling by a resident thereof, which use is merely incidental to the residential use of the dwelling and subject to criteria as provided elsewhere in this title.

(Ord. 82-4 §3 (part)).

"Industrial park" means a combination of contiguous lots specifically planned for industrial uses, having continuity of design and function and uniform or integrated standards of development established by contract, covenant or deed restriction.

(Ord. 82-4 §3 (part)).

"Intensity" means the degree or level of concentration or of activity to which land is used. In determining the degree of intensity, such factors as number of employees, number of off-street parking spaces required, and number of tenants shall be considered.

(Ord. 85-23 §3 (part)).

"Kennel" means a building or portion thereof, or other enclosure used to confine, feed, exercise, show or provide shelter for more than five cats or dogs, ten weeks of age or older. Veterinarians' offices are specifically excluded.

(Ord. 82-4 §3 (part)).

"Landscaping" means the planting and maintenance of trees, shrubs, lawns and other evergreen ground cover or material, including inorganic accessory materials utilized to accent or compliment the vegetation.

(Ord. 82-4 §3 (part)).

"Livestock" means domestic animals customarily kept, used, maintained or raised on a farm or ranch for commercial purposes, including but not limited to horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, chickens, ducks, geese, swine and rabbits.

(Ord. 82-4 §3 (part)).

"Living area" means the interior inhabitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

(Ord. No. 18-03, 9-26-18)

"Lot" means a piece or parcel of land owned as a single unit in common ownership, occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title and having frontage on and access to an approved and accepted city street which meets the standards of width and improvements, as specified in the regulations of the city contained in or adopted pursuant to the subdivision title and street improvement title, as to the section and the frontage of the lot involved, or having frontage on and access to an approved private street.

(Ord. 82-4 §3 (part)).

"Lot area" means the net site area of a lot, expressed in terms of acres or square feet, exclusive of any public street easements and exclusive of that percentage of the total area of any other public easements or private easements which is in excess of fifteen percent of the net site area of the lot, exclusive of any such public street easements, which net site area as thus limited can be legally occupied by a principal building or a group of such buildings and accessory buildings, or can be utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title.

(Ord. 82-4 §3 (part)).

"Corner lot" means a lot abutting upon two streets at their intersections, or abutting upon a curvature of a single street, where such streets or curvature form an interior angle of less than one hundred thirty-five degrees. The point of intersection of the street lot lines extended is the "corner." A corner lot may have more than one corner and may also abut upon one or more streets which do not form the corner or corners of the lot.

(Ord. 82-4 §3 (part)).

"Reversed corner lot" means a corner lot the rear of which abuts upon the side of another lot, whether or not across an alley.

(Ord. 82-4 §3 (part)).

"Through lot" means a lot which has two or more front lot lines which do not intersect to form a corner lot.

(Ord. 82-4 §3 (part)).

"Lot coverage" means that portion of the lot area covered by a building.

(Ord. 82-4 §3 (part)).

"Depth of lot" means the horizontal distance between the front and the rear lot lines.

(Ord. 82-4 §3 (part)).

"Interior lot" means a lot which has only one front lot line.

(Ord. 82-4 §3 (part)).

"Lot lines" means the property lines bounding the lot.

(Ord. 82-4 §3 (part)).

"Front lot line" means any of the following:

A.

Each street lot line of an interior or through lot;

B.

Either one or the other of the two street lot lines forming a corner of a corner lot; and

C.

The shorter street frontage of a corner of a corner lot.

(Ord. 82-4 §3 (part)).

"Rear lot line" means the lot line opposite and most distant from the front line, where such lot line is not also a street lot line.

(Ord. 82-4 §3 (part)).

"Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side-street lot line. A side lot line separating a lot from another lot or lots is called an interior-side lot line.

(Ord. 82-4 §3 (part)).

"Street lot line" means a lot line separating the lot from a street.

(Ord. 82-4 §3 (part)).

"Alley lot line" means a rear lot line separating the lot from an alley.

(Ord. 82-4 §3 (part)).

"Lot width" means the width of the lot measured at right angles to its depth.

(Ord. 82-4 §3 (part)).

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

(Ord. 89-1 §2 (part)).

"Manufactured home" means a factory-built home to include modular and mobile home certified by the state under the National Home Construction and Safety Standards Act of 1974.

(Ord. 88-1 §2 (part)).

"Mobile home" means a vehicle designed and equipped for human habitation, and for being drawn by motor vehicle. A mobile home is a type of "trailer" or "trailer coach" or "semi-trailer" as such terms are defined in the California Vehicle Code, and has the same meaning as "mobile home" as such term is defined in the California Health and Safety Code. (For the purpose of this title, the terms "mobile home," "travel trailer" and "trailer," which are each separately defined terms in this title, are mutually exclusive terms.)

(Ord. 82-4 §3 (part)).

"Mobile home park" means any area or tract of land where one or more mobile home sites are rented or leased or held on rent or lease to accommodate mobile homes for human habitation. The term "mobile home park" has the same meaning as "mobile home park" as such term is defined in the California Health and Safety Code.

(Ord. 82-4 §3 (part)).

"Motel" or "motor hotel" means a group of buildings containing individual sleeping or living units, designed for use by automobile tourists, or transients, with garage attached or parking space conveniently located to each unit.

(Ord. 82-4 §3 (part)).

"Motor home" means a motor vehicle originally designed, or permanently altered and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a motor home. The term "motor home" includes within its meanings the terms "motor home," "house car," and "camp car" (with motor power), as such terms are used or defined in the California Vehicle Code or the California Health and Safety Code.

(Ord. 82-4 §3 (part)).

"Motor truck" means any motor vehicle designed, used or maintained primarily for the transportation of property. The term "motor truck" includes within its meaning the terms "motor truck" and "truck tractor" as such terms are defined in the California Vehicle Code, except as modified by the definition in this chapter of "passenger vehicle" to include certain motor vehicles as passenger vehicles which are otherwise motor trucks, or to include certain motor vehicles as motor trucks which are otherwise passenger vehicles.

(Ord. 82-4 §3 (part)).

"Motor vehicle" is a vehicle which is self-propelled. The term "motor vehicle" has the same meaning as the term "motor vehicle" as defined in the California Vehicle Code.

(Ord. 82-4 §3 (part)).

"Natural land slope" means the predominant slope (or slopes) in its natural condition, disregarding minor surface humps or hollows.

(Ord. 82-4 §3 (part)).

"Nightclub" means a drinking place which includes an area in which patrons may dance, or which provides live entertainment, not including entertainment by a single instrumental musician.

(Ord. 82-4 §3 (part)).

"Nonconforming building" means a building or structure or portion thereof which:

A.

At the time of construction complied with the height requirements of the district in which it was located, and was sited on the lot on which it was constructed in compliance with the area and yard requirements of such district at that time; but

B.

Does not now conform to the presently existing height regulations of the district where located; or

C.

Is sited on the lot where it is situated in such a manner that there is a lack of conformity with the presently existing area or yard requirements of the district where located.

(Ord. 82-4 §3 (part)).

"Nonconforming lot" means a lot which, when lawfully created or established, complied with the width and area requirements of the district where located, but which does not conform to the presently existing area or width regulations of the district where located (or which does not conform to the presently existing requirements of the subdivision ordinance governing lot standards).

(Ord. 82-4 §3 (part)).

"Nonconforming use" means a use which, when commenced, complied with use regulations of the district in which such use was commenced, and which does not conform to the presently existing use regulations of the district where the use is being conducted or carried on. The term "nonconforming use" shall be applicable to use of buildings, structures, and land.

(Ord. 82-4 §3 (part)).

"Nonconventional principal residential structure" means a principal residential single-family and two-family structure which is not detached from the principal dwellings on abutting lots, or which is a townhouse, a patio home, a zero lot line home, or a similar structure.

(Ord. 82-4 §3 (part)).

"Nursery" means an area where agricultural products are grown for transplanting, for use of stock for budding and grafting, or for sale on the premises.

Ord. 82-4 §3 (part)).

"Agricultural nursery" means a nursery at which items sold are limited to agricultural products grown on the premises.

(Ord. 82-4 §3 (part)).

"Commercial nursery" means an agricultural nursery selling products not grown on the premises (such as fertilizer, sprays, shears and garden hose), but which are associated with the care and maintenance of plants.

(Ord. 82-4 §3 (part)).

"Nursery school, children's nursery school or child day care service" means an establishment for the part-time care and instruction, whether or not for compensation, of thirteen or more children, other than those resident on the site.

(Ord. 85-23 §3 (part): Ord. 82-4 §3 (part)).

"Nursing home" or "convalescent hospital" means any place or institution which makes provisions for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves. Institutions for the care of alcoholics, drug addicts, persons with mental diseases, and persons with communicable diseases, such as contagious tuberculosis, are not included within the meaning of "nursing home" or "convalescent hospital."

(Ord. 82-4 §3 (part)).

"One-hundred-year flood" or "100-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood," which will be the term used throughout the ordinance codified in this section.

(Ord. 89-1 §2 (part)).

"Open space," for purposes of this title, means an outdoor area created by artificial or natural design not otherwise occupied by buildings (open spaces may be integral with, but may not be totally covered by, building areas, except as otherwise specified by district regulations) or paved areas for vehicular circulation or parking.

(Ord. 82-4 §3 (part)).

"Overlay district" means a district described by the zoning map within which, through imposition of a special designation, additional regulations and requirements apply in addition to those of the district to which such designation is added.

(Ord. 82-4 §3 (part)).

"Private parking area" means an open area for the same uses as a private garage.

(Ord. 82-4 §3 (part)).

"Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free, or as an accommodation for clients or customers.

(Ord. 82-4 §3 (part)).

"Parking space" means a permanently surfaced area of not less than one hundred eighty square feet, either within a structure or in the open, excluding driveways or access drives, for the parking of a vehicle.

(Ord. 82-4 §3 (part)).

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(Ord. No. 18-03, 9-26-18)

"Patio structure" means an attached or detached roofed accessory structure open on one or more sides, whose principal use shall be for outdoor living and recreation. For the purposes of this section, the open sides may be closed with insect screening or readily removable flexible plastic screening not more than twenty mills' thickness.

(Ord. 82-4 §3 (part)).

"Lath-covered structure" means an accessory structure with a uniformly open cover. A structure shall be deemed to have a uniformly open cover when the openings between the solid material of the lath cover are evenly spaced so as to make air and light passage possible over the entire structure.

(Ord. 82-4 §3 (part)).

A.

"Passenger vehicle" means any motor vehicle, other than a motor truck, camper vehicle, or motor home, designed for carrying not more than ten persons including the driver, and used and maintained for the transportation of persons. The term "passenger vehicle" as such term is used herein, includes within its meaning "passenger vehicle" as such term is defined in the California Vehicle Code, including such vehicle design types as sedan, sports car, station wagon, wagon bus, and jeep-type automobile; provided, that the terms "motorcycle" and "motor-driven cycle," as such terms are defined in the Vehicle Code, are included within the meaning of "passenger vehicle" as such term is used in this title. Provided further, that the following motor vehicles shall be deemed to be passenger vehicles for the purposes of this title:

1.

Any pickup truck, or motor truck of an exterior design type such as a sedan delivery truck (provided that any such pickup truck or sedan delivery truck does not have any camper attached or does not include any enclosure exceeding the height of the passenger vehicle), or panel truck, when such pickup truck or sedan delivery truck or panel truck is used solely for personal purposes of the owner for the transportation of persons and is not used either for business or commercial purposes (other than for transportation to and from owner's place of business and work), or for the storage or transportation of property which is easily visible from the exterior of the vehicle;

2.

Any motor vehicle of an exterior design type identical or substantially identical to a passenger vehicle of a conventional design type (including size) such as a wagon bus, notwithstanding that the interior of such vehicle has been designed, equipped or altered for human habitation in a manner similar to a "motor home" (and thus otherwise being subject to being defined as such), provided that the interior of such vehicle is not easily visible from the exterior as anything other than such a wagon bus or other passenger vehicle of conventional design type;

3.

Any commercial vehicle which is a motor vehicle of an exterior design type identical to a passenger vehicle of a conventional design type, notwithstanding that such motor vehicle is licensed as a "commercial vehicle."

B.

The foregoing is subject to the following further provision: No motor vehicle which has attached or maintained on the exterior thereof any commercial or noncommercial sign shall be deemed a passenger vehicle for the purposes of this chapter, except for the minor and incidental identification of a business enterprise upon the front door of a passenger vehicle which is used by an occupant of a dwelling as the principal means of personal transportation to and from such occupant's place of business, and except for typical temporary bumper stickers and similar noncommercial signs. Any motor vehicle not meeting such conditions shall be deemed to be, whichever is most applicable, either:

1.

A "motor truck" for the purposes of this chapter whether designed, used or maintained primarily for the carrying of passengers or for the transportation of property; or

2.

A "commercial vehicle" for the purposes of this title, whether or not such motor vehicle is of a type deemed to be or is or is not registered as a commercial vehicle under the California Vehicle Code.

(Ord. 82-4 §3 (part)).

"Performance standards" means regulations for the control of "dangerous or objectionable elements," as defined in Chapter 17.50.

(Ord. 82-4 §3 (part)).

"Plan line" means an officially adopted line established to provide for future street widenings, construction or realignment, delineating the area open or to be open, to public use from which the minimum front and/or side setback or yard distance of a building structure, or portion thereof, is measured. If no specific plan line is established, the plan line and the adjacent existing rights-of-way of any abutting street or roadway, either public or private, shall be construed to be one and the same.

(Ord. 85-23 §3 (part): Ord. 82-4 §3 (part)).

"Poultry farm" means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation.

(Ord. 82-4 §3 (part)).

"Premises" means one or more contiguous lots under single or common ownership where the present or proposed uses on the property relate to each other by way of an integrated site layout and common vehicular circulation and parking areas.

(Ord. 82-4 §3 (part)).

"Principal permitted use" means a use for which no conditional use permit is required, but which may be subject to site plan and architectural approval, planned unit development approval, or performance standards procedure, as specified in this title.

(Ord. 82-4 §3 (part)).

"Private non-commercial use" means a use operated by a private nonprofit club or association such as fraternal associations, improvement associations, and similar groups; and such use having the purpose primarily of serving the members of the club or association, and including uses such as private golf courses, country clubs, swimming pools, riding clubs, private lodges, and the like.

(Ord. 82-4 §3 (part)).

"Produce" means fruits, vegetables and other commodities which are derived from agricultural cultivation.

(Ord. 82-4 §3 (part)).

"Public use" means a use operated exclusively by a public body, such use having the purpose of serving the public health, safety or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, and administrative and service facilities.

(Ord. 82-4 §3 (part)).

"Quarry" means a use for obtaining, extracting or producing earth, rock, crushed stone, building stone, slate, limestone, gravel, sand, minerals or similar material products, except for grading or excavation.

(Ord. 82-4 §3 (part)).

"Quasi-public use" means a use operated by a private nonprofit educational, religious, recreational, charitable or medical institution, such use having the purpose primarily of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational

facilities, private hospitals, and the like.

(Ord. 82-4 §3 (part)).

"Commercial recreation" means recreation facilities operated as a business and open to the general public for a fee.

(Ord. 82-4 §3 (part)).

"Private, noncommercial recreation" means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

(Ord. 82-4 §3 (part)).

"Resident" means a person who occupies a dwelling as a home on a permanent basis and has no other permanent place of abode.

(Ord. 82-4 §3 (part)).

"Residential care home" means a state-licensed care facility. This includes facilities for persons with disabilities (Welfare & Inst. Code 5116); residential health care facilities (Health & Safety Code 1267.8, 1267.9, 1267.16); residential care facilities for the elderly (Health & Safety Code 1568.083-1568.0831, 1569.82-1569.87); community care facilities (Health & Safety Code 1518, 1520.5, 1566-1566.8, 1567.1); pediatric day health facilities (Health & Safety Code 1267.9; 1760-1761.8); and facilities for alcohol and drug treatment (Health & Safety Code 11834.23).

(Ord. No. 18-03, 9-26-18)

"Roadside stand" means temporary structure used for the display and sale of produce grown by the operator of the stand.

(Ord. 82-4 §3 (part)).

"Wholesale sales" means the sale of goods for resale, or the sale of goods produced or processed from raw or primary materials on the premises, or the sale of construction materials which require bulk delivery of the product.

(Ord. 82-4 §3 (part)).

"Salvage yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.

(Ord. 82-4 §3 (part)).

"Sanitarium" means any premises with fifteen or more sleeping rooms where persons are lodged and furnished with meals and nursing care.

(Ord. 82-4 §3 (part)).

"Seat" means a chair, stool, bench or similar facility furnished for the accommodation of guests or patrons while receiving some kind of service; each twenty-four inches of bench shall be considered equal to one seat.

(Ord. 82-4 §3 (part)).

"Shopping center" means a group of not less than three commercial shops on the same premises contained within a building, or buildings, of forty thousand square feet or more, planned, developed and managed as a unit.

(Ord. 82-4 §3 (part)).

"Single-room occupancy (SRO) units" means multiunit housing for very low-income persons that typically consists of a single room and must include at minimum a shared bath and kitchenette.

(Ord. No. 18-03, 9-26-18)

"Building site" means the ground area of a building or buildings, together with all open spaces required by this title.

(Ord. 82-4 §3 (part)).

"Special flood hazard area (SFHA)" means an area having special flood or flood-related erosion hazards, and shown on a Flood Boundary and Floodway Map or Flood Insurance Rate Map as Zone A, A1-30, AE, or A99.

(Ord. 89-1 §2 (part)).

"Special residential care facilities" means any 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, or the elderly, when such homes provide care on a twenty-four-hour-a-day basis.

(Ord. 82-4 §3 (part)).

(Ord. 82-4 §3 (part)).

(Ord. 82-4 §3 (part)).

"Stable" means a building or portion thereof or other enclosure, not including pastures, used to confine, feed, exercise, show or provide shelter for horses, cows or other hoofed animals, whether for private, public or commercial use. "Stable" includes but is not limited to stall, corral, paddock, barn, exercise area and arena, along with structures accessory thereto.

(Ord. 82-4 §3 (part)).

(Ord. 82-4 §3 (part)).

"Stock cooperative" means a corporation which is formed primarily for the purpose of holding title to improved real property, and of which shareholders receive a right of exclusive occupancy in a portion of the real property. Such right of exclusive occupancy is transferred only concurrently with the transfer of the share of the corporation stock.

(Ord. 82-4 §3 (part)).

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

(Ord. 82-4 §3 (part)).

(Ord. 82-4 §3 (part)).

"First story" means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.

Ord. 82-4 §3 (part)).

"Mezzanine story" means a story which covers one-third or less of area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath the mezzanine story.

(Ord. 82-4 §3 (part)).

"Street" means a named public right-of-way which provides a means of access to abutting property, or an approved private right-of-way which provides the sole means of access to a lot from a public right-of-way.

(Ord. 82-4 §3 (part)).

"Street frontage" means:

A.

The existence of a street lot line; or

B.

The lineal foot measurement of a lot at a street lot line.

(Ord. 82-4 §3 (part)).

"Street improvement title" means regulations of the city regarding dedication and improvement of street rights-of-way.

(Ord. 82-4 §3 (part)).

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

(Ord. 85-23 §3 (part)).

"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, except benches, statuary, planter boxes less than thirty-six inches in height, fish ponds less than eighteen inches in depth, and wood fences seventy-two inches or under in height.

(Ord. 82-4 §3 (part)).

"Subdivision title" means Title 16 of this code.

(Ord. 82-4 §3 (part)).

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

(Ord. No. 18-03, 9-26-18)

"Swimming pool" means any constructed pool used for swimming or bathing, over eighteen inches in depth, or with a surface area exceeding two hundred fifty square feet.

(Ord. 82-4 §3 (part)).

"Private swimming pool" means all swimming pools which are used or intended to be used in connection with a single-family residence, and are available only to the family of the householder and his private guests.

(Ord. 82-4 §3 (part)).

"Public or semipublic swimming pool" means any swimming pool other than a private swimming pool.

(Ord. 82-4 §3 (part)).