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

A.

When consistent with usage in the text, singular number includes the plural, words in the plural include the singular;

B.

The words "shall," "will," "must," and "is" denote a mandatory action;

C.

The word "may" or "should" indicate permissive actions.

(Ord. 775 (part), 2004).

"Abut," "abutting," or "adjoining" all mean contiguous to or touching.

(Ord. 775 (part), 2004).

"Accepted mining practice and reclamation" means the operation of a mineral extraction facility and restoration of the site in conformance with the requirements of the General Plan Conservation Element, this title, and the regulations of the California Division of Mines and Geology.

(Ord. 775 (part), 2004).

"Access" means the physical means by which an individual in a motor vehicle is able to enter upon public or private property from a street. "Ingress" and "egress" are other words for access.

(Ord. 775 (part), 2004).

"Accessory dwelling unit" (ADU) means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall have a separate exterior entrance and include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An ADU also includes the following:

A.

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

"Junior accessory dwelling unit" (JADU) means a unit that is no more than five hundred square feet in size and contained entirely within an existing or proposed single-family structure.

A.

A JADU shall have a separate entrance from the main entrance to the existing or proposed single-family residence. An increase in size for the single-family residence of not more than one hundred fifty square feet to allow for the separate entrance shall be acceptable.

B.

A JADU shall have an efficiency kitchen, which shall include all of the following:

(a)

A cooking facility with appliances.

(b)

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

(Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020)

A.

"Accessory use" means a land use that is associated with an existing permitted or conditional use within a zoning district.

B.

"Accessory structure" means a usual and customary detached building normally associated with a permitted or conditional use that is constructed concurrently with or subsequent to the primary use structures.

(Ord. 775 (part), 2004).

"Administrative Permit" or "Administrative use permit" means a permit permitted by this title, authorized by the Planning Director or their designee provided that the Planning Director finds that the application is in full compliance with the provisions of this title and all other applicable laws and regulations.

(Ord. 775 (part), 2004).

"Agriculture equipment sales" means a business which is primarily engaged in the sale of equipment, vehicles, materials, supplies, and tools to serve farming, ranching or timber interests and businesses.

(Ord. 775 (part), 2004).

"Agriculture product processing, canning" means the conversion of raw agriculture products into marketable commodities.

(Ord. 775 (part), 2004).

"Agriculture product sales" means the sale of food or fiber commodities from the property where produced.

(Ord. 775 (part), 2004).

"Airport" or "heliport" means a place on land or water, where aircraft may land and take off, receive and disembark passengers or cargo, may take on fuel, purchase accessories or obtain service or repair. "Airstrip" also means airport.

(Ord. 775 (part), 2004).

"Alley" means any dedicated public thoroughfare, other than a street, which affords only a secondary means of access to abutting property at the rear or sides thereof.

(Ord. 775 (part), 2004).

"Automobile sales" means a land use in which the primary business is based upon retail or wholesale transactions involving the transfer of title to motor vehicles including automobiles, light utility vehicles, trucks, motorcycles, recreation vehicles, and all terrain vehicles, including mobile homes.

(Ord. 775 (part), 2004).

"Automobile service" means a land use which is involved in the business of repairing and maintaining motor vehicles.

(Ord. 775 (part), 2004).

"Automobile dismantling yard" means a land use used for the business of buying, selling, or dealing in vehicles of a type required to be registered under this code, including nonrepairable vehicles, for the purpose of dismantling the vehicles, an individual or entity who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts.

(Ord. 775 (part), 2004).

"Bar, club, or lounge" means a land use in which the primary activity is the sale of alcoholic beverages for onsite consumption. A bar, club, or lounge may also provide entertainment for its patrons.

(Ord. 775 (part), 2004).

"Bed and breakfast inn" means an owner or manager-occupied residence wherein a room or rooms are rented for the purpose of providing overnight accommodations for paying guests for a period not to exceed one week per individual rental, with not more than one meal to be provided daily, the entire service offered to be included in one stated price.

(Ord. 775 (part), 2004).

"Boarding house" means a structure other than a hotel, where lodging or lodging and meals for three or more persons is provided for compensation.

(Ord. 775 (part), 2004).

"Bottling plant" means a land use in which beverages, including water, are processed for sale, resale, or distribution.

(Ord. 775 (part), 2004).

"Cottage food operation" means an enterprise that is operated by a cottage food operator within the permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant Health and Safety Code Section 113758. A self-certification checklist as described in Health and Safety Code §114365 shall be required and verified by the City, of all cottage food operations in the City. Per state law, Health and Safety Code Section 113758, commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars in gross annual sales in the calendar year.

A cottage food operation is subject to the rules and regulations of a "Home Occupation" pursuant to Yreka Municipal Code Section 16.46.020. A cottage food operation includes both of the following:

A.

A "Class A" cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products to the consumer. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.

B.

A "Class B" cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products to the consumer. Whereas direct sales are described in subdivision (A) above, indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

"Cottage food operator" means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.

"Cottage food products" means non-potentially hazardous foods, as identified in Health and Safety Code § 114365.5(b) that are prepared for sale in the kitchen of a cottage food operation.

(Ord. No. 853, § 2, 8-16-2018)

"Building" means structure.

(Ord. 775 (part), 2004).

"Building footprint means the land area covered by a building as measured at its perimeter foundation walls including any roofed area that may not have perimeter foundation walls.

(Ord. 775 (part), 2004).

"Building Official" or "building inspector" means the department head or person in charge of the City Building Department or performing the City's building inspections.

(Ord. 775 (part), 2004).

"Residential building" means a building designed to be used exclusively for dwelling purposes.

(Ord. 775 (part), 2004).

"Building setback" means the distance from a property line or edge of a public right-of-way to the edge of any building.

(Ord. 775 (part), 2004).

"Building site" means the portion of a parcel of land, in a single or joint ownership, and occupied or to be occupied by a building, together with such open spaces as are required by the terms of this title and having frontage on a public street, road or highway.

(Ord. 775 (part), 2004).

"Wholesale business" means the selling of commodities in large quantities, as to retailers or jobbers rather than to consumers directly, and not including the processing or manufacture of any product or substance.

(Ord. 775 (part), 2004).

"Carport" means a structure which is attached or detached from another building, and which is open on at least two sides with a covering for vehicle storage. The accessible area for vehicle storage shall be a minimum of ten (10) feet by twenty (20) feet.

(Ord. 775 (part), 2004).

"Cemetery" means a place for the internment of the remains of the deceased either by burial, cryostorage, mausoleum, or cremation.

(Ord. 775 (part), 2004).

"Church" means a use for the purposes of conducting religious services. A church includes all places of worship for any denomination.

(Ord. 775 (part), 2004).

"CEQA Guidelines" means the procedures and guidelines for implementation of the California Environmental Quality Act (CEQA) including any specific requirements adopted by the City of Yreka.

(Ord. 775 (part), 2004).

"Clinic" means a land use which is established for the purposes of providing a health service to outpatients.

(Ord. 775 (part), 2004).

"Commercial" means a use related to commerce and the production of revenue or income.

(Ord. 775 (part), 2004).

"Common area" means a parcel or parcels that are part of a subdivision which are retained in the common ownership of the property owners of the subdivisions for common use or development.

(Ord. 775 (part), 2004).

"Conditional use permit" means uses that are permitted in certain districts upon the granting of a use permit. Such uses, because of their unusual characteristics, shall be given special consideration to the end that they be located properly with respect to the objectives of the zoning plan and with respect to their effects upon surrounding properties. Such uses have the potential to be incompatible with neighboring land uses and the specific conditions under which each such use is permitted shall be considered in the light of general public interests and the interests of persons residing or working in the vicinity of the use.

(Ord. 775 (part), 2004).

"Condominium" means a structure as defined in the California Civil Code § 1351(f). In general, it is a multiple-family residential land use in which each of the dwelling units may be individually owned.

(Ord. 775 (part), 2004).

"Contractor's equipment yard" means a parcel of land that is used for the temporary or ongoing outside storage of equipment, tools, materials, and vehicles used in the performance of a contractor's business.

(Ord. 775 (part), 2004).

A lot that has two or more abutting parcel lines contiguous to two public streets.

(Ord. 775 (part), 2004).

"Corner lot-side and front" mean, for the purpose of this title the narrower frontage of a corner lot facing the street is the front, and the longer frontage facing the intersecting street is the side, irrespective of the direction in which any building thereon faces.

(Ord. 775 (part), 2004).

"Customer area" means that portion of a structure that is used for the purposes of transacting business, purchasing, or selling products or services, and does not include any portion of the structure used for warehousing or storage which are inaccessible to public use.

(Ord. 775 (part), 2004).

"Date of the decision" granting or denying a permit under this title means the date on which the decision is announced or final vote taken.

(Ord. 775 (part), 2004).

A.

"Day-care center" means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. A child day care center is a facility that includes infant centers, preschools, and extended day care facilities but excludes a family day care home. (Health & Safety Code §§ 1596.75 and 1596.76)

B.

"Small family day-care home" means a day - care center in the home of the person operating the facility, and providing care for no more than eight (8) children, including children who are members of the provider's family. (Health & Safety Code § 1597.44)

C.

"Large family day-care home" means a daycare center in the home of the person operating the facility, and providing care for not more than fourteen (14) children, including children who are members of the provider's family. (Health & Safety Code § 1597.46)

(Ord. 775 (part), 2004).

"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014)

"District" means a portion of the city within which certain uses of lands, buildings or structures are permitted or prohibited, and within which certain yards and other open spaces are required and certain height limits are established for the same as set forth in this title.

(Ord. 775 (part), 2004).

"Dwelling" means any building or portion thereof designed or used for residential occupancy.

A.

"Dwelling single-family" means any building or portion thereof which contains one dwelling unit.

B.

"Dwelling two family" (or duplex) means any building or portion thereof which contains two (2) dwelling units.

C.

"Dwelling multiple family" (or triplex) for three units; fourplex for four (4) units; or multi-family residential units defined as a group of attached dwelling units (five or more) within structure.

(Ord. 775 (part), 2004).

"Dwelling group" means a group of two or more one-family, two-family, or multiple dwellings occupying a parcel of land, in one ownership and having a yard or court in common.

(Ord. 775 (part), 2004).

"Emergency shelters" 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 households may be denied emergency shelter because of an inability to pay.

(Ord. No. 837, § 1, 5-1-2014)

"Employee housing - large" means housing for employees consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single-family or household.

(Ord. No. 837, § 1, 5-1-2014)

"Employee housing - small" means housing for employees consisting of six or fewer persons in a single-family home.

(Ord. No. 837, § 1, 5-1-2014)

"Encroachment permit" means a permit issued by a government agency to allow work within publicly owned property.

(Ord. 775 (part), 2004).

"Explosive" means and includes any chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, and that contains any oxidizing and combustible units, packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.

(Ord. 775 (part), 2004).

"Exterior Side Yard" means the sideyard on any corner lot adjacent to the public street.

(Ord. 775 (part), 2004).

"Family" means a group of individuals with a common bond by means of blood, marriage, or conscientiously established relations living together as a housekeeping unit sharing a dwelling unit. Clients of a group home subject to California Community Care Facilities Act (Health and Safety Code 1500 et seq.) are not deemed a family for purposes of this title.

(Ord. 775 (part), 2004).

"Fence" or "wall" means a structure constructed of posts, supports and cross members that serve as an obstruction to mark property lines or delineate or restrict access to a portion of a property. Fences for the purposes of this Title include walls, hedges and screen plantings.

(Ord. 775 (part), 2004).

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

(Ord. 775 (part), 2004).

"Floodplain" means the same as defined by the United States Federal Emergency Management Agency (FEMA) or its successor agency.

(Ord. 775 (part), 2004).

"Frontage" means the width of the lot fronting on a street or private road easement, measured along the property line. In the event the lot faces on two streets the frontage shall be that side having the narrowest width.

(Ord. 775 (part), 2004).

"Garage"" means a building accessible and designed for the storage of vehicles having at least three (3) enclosed sides. The accessible area for storage shall be a minimum of ten (10) feet by twenty (20) feet per vehicle.

(Ord. 775 (part), 2004).

"General Plan" means the City of Yreka General Plan as currently adopted including all amendments.

(Ord. 775 (part), 2004).

"Group care home - large" means a facility designed, intended or used as a residence for more than six individuals who require any form of institutional care or supervision where such care or supervision is maintained on the premises during a twenty-four-hour day.

(Ord. No. 837, § 1, 5-1-2014)

Editor's note— Ord. No. 837, § 1, adopted May 1, 2014, amended § 16.12.550 in its entirety to read as herein set out. Former § 16.12.550 pertained to group care home, and derived from Ord. 775 (part), adopted 2004.

(Ord. No. 837, § 1, 5-1-2014)

"Group care home - small" means a designed, intended or used as a residence for six individuals or less who require any form of institutional care or supervision where such care or supervision is maintained on the premises during a twenty-four-hour day.

(Ord. No. 837, § 1, 5-1-2014)

"Height of building" means the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following whichever yields a greater height of building:

A.

The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade.

B.

An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) above is more than ten (10) feet above lowest grade.

C.

The height of a stepped or terraced building is the maximum height of any segment of the building.

(Ord. 775 (part), 2004).

"Home occupation" means a business or occupation located in a dwelling that is secondary to the use of the dwelling as a residence, and meets the requirements of Section 16.46.020 of this title.

(Ord. 775 (part), 2004).

"Hotel" means a land use in which there are six (6) or more rooms for transient occupancy. Motel and hotel are synonymous.

(Ord. 775 (part), 2004) (Ord. 775 (part), 2004).

Building "Intensity" for residential uses means the actual number or the allowable range of dwelling units per acre. For non -residential uses, the actual or the maximum allowed coverage.

(Ord. 775 (part), 2004).

"Industry" means the manufacturing, fabrication, processing, reduction or assembly of any article, substance or commodity which results in a new product.

(Ord. 775 (part), 2004).

"Junk" means, and is not limited to, trash; refuse; paper; glass; cans; bottles; rags; ashes; trimming from lawns, yards, trees, and shrubbery, including plants and leaves; and other solid waste or salvageable materials other than garbage; inoperable appliances, parts, tools; inoperable and unregistered vehicles; vehicle parts; vehicle hulks; discarded furniture; dirt; rocks (excepting gems and minerals not visible from a public right of way); and materials from the demolition, alteration or construction of buildings or structures, unless such dirt, rocks, or other materials from demolition, alteration or construction are being used for purposes of fill.

(Ord. 775 (part), 2004).

"Junkyard" means a place in which junk (as defined in § 16.12.610), salvaged materials or products, scrap, or other waste materials are stored, broken up, dismantled, sorted, distributed, or sold privately or commercially.

(Ord. 775 (part), 2004).

"Kennel" means a land use where four (4) or more dogs four (4) months or older and/or six (6) cats six (6) weeks or older are kept, bred, raised, trained, or boarded.

(Ord. 775 (part), 2004).

"Lot" means a single separate legal parcel of land.

(Ord. 775 (part), 2004).

"Lot coverage" means the percent of lot area covered by all building footprints.

(Ord. 775 (part), 2004).

"Lot or parcel line" means any legally described parcel line as follows:

A.

"Front lot line" is the property line along the street or access easement.

B.

"Side lot line" is the property line intersecting with the front lot line and dividing the parcel from other adjacent parcels or another public street.

C.

"Exterior lot line" is the property line intersecting with the front lot line and contiguous with a public street on a corner lot.

D.

"Interior lot line" is any property line dividing the parcel from other adjacent parcels.

E.

"Rear lot line" is the property line opposite the front lot line.

(Ord. 775 (part), 2004).

"Motel" means a land use in which there are six (6) or more rooms for transient occupancy. Motel and hotel are synonymous.

(Ord. 775 (part), 2004).

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.12.680, which pertained to nonconforming building or use and derived from Ord. 775 (part), adopted 2004.

"Nursery" or "Plant Nursery" means a business which is primarily engaged in the raising, propagation, growth, or sales of vegetation, plants and supplies.

(Ord. 775 (part), 2004).

"Open space" means the portion of the lot or parcel from the ground upward that is unoccupied by buildings, structures, parking lots and driveways, except as otherwise permitted by City regulations.

(Ord. 775 (part), 2004).

"Pharmacy" and "pharmaceuticals" mean its customary and usual definition as it relates to the dispensing of medicines according to prescriptions of physicians, and does not include medical marijuana distribution facility as defined in this code.

(Ord. No. 817, § 3, 10-6-2011)

"Professional office" means an office for any one of the following: Accountant, architect, attorney, beauty parlor, dentist, doctor, barbershop, dental lab, chiropractor, professional engineer, drafting office, collection agency, investment offices, insurance office, private detective, real estate, social worker, or similar use.

(Ord. 775 (part), 2004).

"Recreational vehicle park" means any area or tract of land or a separate section within a mobile home park, where two (2) or more lots are rented or leased or held out for rent, or leased to owners or users of recreational vehicles or tents.

(Ord. 775 (part), 2004).

"Recreation vehicle storage" means a commercial activity in which recreation vehicles and boats are garaged either within a building or an open enclosure for payment of a rental fee.

(Ord. 775 (part), 2004).

"School" means an institution, public or private, established for the purpose of educating students at any grade level, either for profit or nonprofit purposes.

(Ord. 775 (part), 2004).

"Service station" means a filling station retailing motor fuel and oil to motor vehicles; including grease racks, battery and ignition service, and other accessory sales and service for vehicles; but excluding recapping, steam cleaning, painting, body work, and engine overhaul.

(Ord. 775 (part), 2004).

"Single-room occupancy residential unit" means a compact dwelling unit with limited cooking and living facilities that is the primary residence of its occupant(s) and is within a multiple-unit structure.

(Ord. No. 837, § 1, 5-1-2014)

"Street" means a public thoroughfare accepted by the city which affords principal means of access to abutting property, except an "alley" as defined herein.

(Ord. 775 (part), 2004).

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

(Ord. 775 (part), 2004).

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target populations as defined by 53260(d) of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. No. 837, § 1, 5-1-2014)

"Transitional housing" means a building configured as rental housing development, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. No. 837, § 1, 5-1-2014)

"Temporary structure" means a building or structure to be utilized for a permitted use applicable to a parcel of land, which will remain upon the parcel for a period not to exceed twelve months. (Ord. 775 (part), 2004).

(Ord. No. 853, § 2, 8-16-2018)

"Use" means the activity that takes place on a parcel of land.

(Ord. 775 (part), 2004).

"Yard" means the area between a property line and the point where construction of a structure is permitted, except as otherwise permitted in § 16.46.070.

(Ord. 775 (part), 2004).

"Front yard" means a yard extending across the full width of the lot frontage of the lot and measured from the front line of the lot to the nearest structure setback; provided that if any building line or official plan line has been established for the street upon which the lot faces, then all such measurements shall be taken from such building line or official plan line to the nearest line of the building.

(Ord. 775 (part), 2004).

"Rear yard" means a yard extending across the full width of the rear portion of the lot and measured between the rear line of the lot and the nearest structure setback.

(Ord. 775 (part), 2004).

"Side yard" means a yard between the sideline of the lot and the nearest structure setback and extending from the front yard of the lot to the rear yard.

(Ord. 775 (part), 2004).