Article 4. Definitions., Appendix A. ZONING., Code of Ordinances, Colusa

Colusa

Code of Ordinances

Appendix A. ZONING.

Article 4. Definitions.

Interpretation:

Unless the context otherwise requires, the definitions set forth or otherwise provided for in this article shall be used in the interpretation and construction of this ordinance. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "building" includes the word "structure", and the word "used" includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used, and the word "shall" is mandatory and not directory.

Governmental Units:

"City" means the City of Colusa, "city council" means the city council of the City of Colusa, "planning commission" means the city planning commission, "administrator" or "director" means the director of the City of Colusa planning department.

Definitions:

A list of definitions, entitled "Definitions of the Zoning Ordinance of the City of Colusa," shall be used in the interpretation and construction of this ordinance. Unless the context requires otherwise, the definitions in this section shall govern the construction of the provisions of this title.

Definitions, "A."

Abandonment. The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

Abut. To physically touch or border upon; or to share a common property line. For example, two adjoining lots with a common property line are considered to be abutting.

Access way. The place, means or way by which pedestrians and vehicles have safe, adequate and usable ingress and egress to a property or use as required by this title.

Accessory buildings and structures. Buildings and structures that are incidental or subordinate to the main or principal building on the same lot, including swimming pools, tennis and other sport courts, playground equipment, spas and hot tubs, gazebos, workshops, studios, greenhouses, carports, garages, and similar structures. Includes home satellite dish antennas of 18 inches or less in diameter and other receiving antennas for TV and radio broadcasts.

Accessory use. A use of building incidental or subordinate to the principal use or building on the same lot.

Adjusted gross floor area. When used to calculate off-street parking, gross floor area less the aggregate area devoted to indivisible public access ways (such as corridors, elevators and foyers) and other similar such uses which do not, as a practical matter, result in higher building occupancy.

Adult businesses. As defined within Section 27.02 of this Code.

Agriculture, commercial production. The use of land for the raising of crops, trees, or animals, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses thereto; provided, however, the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. As used in this definition, "accessory use" means supply, service, storage, and processing areas and facilities for any other agricultural land. Stockyards, slaughterhouses, fertilizer works, or plants for the reduction of animal matter are excluded from this definition.

Alcoholic beverage establishment. Any establishment which sells, offers, or dispenses any alcohol, and/or any establishment which has applied for or intends to apply for, or which has obtained, a liquor license from the California Department of Alcoholic Beverage Control (ABC) for the sale of alcohol. This definition shall not include uses wherein the sale, offer, or dispensing of alcohol is incidental to the conduct of a permitted use.

Alley. A public or permanent private way or lane less than forty feet in width that affords a secondary means of access to abutting property.

Amusement center, indoor. An establishment providing recreation activities in a completely enclosed building. Accessory uses may include the preparation and serving of food or the sale of equipment related to the activities. Included in this definition are bowling alleys, roller-skating or ice-skating rinks, billiards and pool halls, card rooms, and similar amusements.

Amusement center, outdoor. Land or premises used for any combination of outdoor amusement uses, including paintball facilities, outdoor archery, miniature golf, bumper boats, batting cages, go-karts, skateboarding, BMX facilities, golf driving ranges not associated with a golf course, and similar uses.

Animal raising, domestic. The keeping of any animals within the standards established in this ordinance for domestic animal raising including but not limited to household pets, club project animals, apiaries, aviaries, fowl, rabbits, or hoofed animals.

Apartment house. Any building or portion thereof which is designed and built for occupancy by three or more families.

Assisted living facility for the elderly. A residential facility, licensed by the State Department of Social Services, which provides care for seven or more elderly persons having limited ability for self-care, and where medical care is not a major element of the use. Services provided may include assistance with housework, meals, laundry, taking of medication, money management, transportation, bathing, grooming, dressing, and related tasks.

Automated teller machine (ATM). A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations, in compliance with these regulations. ATMs for use by patrons in vehicles are included under the definition of "drive-in and drive-through services."

Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Definitions, "B."

Basement. A space partly or wholly underground, and having more than one-half its height, measured from its floor to its finished floor level directly above a basement that is more than six feet above grade, at any point, such basement shall be considered a story.

Bed and breakfast. A structure with one or more managers in permanent residence and from one to eight guest rooms without individual cooking facilities rented for overnight lodging, and serving at least one meal per day. Hotels and motels are excluded from this definition.

Billboard. Any sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all.

Boarding house. A dwelling where lodging is provided for compensation to four or more persons living independently from each other. Meals may be included. "Boarding house" does not include a residential care facility.

Building. Any structure having a roof supported by columns and or walls and intended for the housing or shelter of any persons, animal or chattel.

Building coverage. The land area covered by all buildings on a lot, including all projections except eaves.

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

Building, main. A building within which is conducted the principal use permitted on the lot, as provided by this title.

Building material stores. Primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "retail stores, general merchandise"). Includes selling to the general public, even if contractor sales account for a larger proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "wholesaling and distribution."

Building site. A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road or highway.

Definitions, "C."

Cannabis manufacturing. The cultivation, processing, extraction, manufacturing, testing, distribution, and transportation of cannabis and cannabis products.

Cannabis manufacturing special use permit. A special use permit issued submitted directly to, and issued by, the city council after a public hearing.

Caretaker quarters. A permanent residence that is provided as an accessory use to a non-residential use, and is used to house an owner, operator, guard or caretaker, and his or her family, to provide around-the-clock service, support, care or monitoring of the use and/or site.

Catering services. A business which prepares food and/or beverages to be delivered, served, and consumed in various locations other than the location at which the food and/or beverages were prepared.

Cemetery. Property used for the interring of the deceased.

Church, religious organization. A permanently located building situated on property commonly used for religious worship.

City. The City of Colusa.

Clinic. A place for group medical services not involving overnight housing of patients.

Club, community and fraternal. An association of persons (whether or not incorporated), religious or otherwise, for social purpose, but not including groups which are organized primarily to render a service carried on as a business for profit.

Combining district. Any district in which in addition to the permitted uses and regulations of the underlying or base district there is another permitted or combining use with special regulation attached thereto.

Commission or planning commission. The planning commission of the city appointed by the city council as per resolution and/or state.

Community center/pavilions. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities that are available for use by various groups for activities including meetings, parties, receptions, and dances.

Community garden. Gardens established and maintained collectively by an organized group of individuals for the purpose of growing plants, vegetables, fruits, or flowers for personal consumption or use, but not for sale.

Conditional use permit. A permit issued stating that the conditional use must meet all conditions set forth in local ordinances and the approval process. Use permits shall be processed as set forth in Article 33.

Condominium. As defined by Section 783 of the California Civil Code, an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on 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. Such estate may, with respect to the duration of its enjoyment, be either:

(1)

An estate of inheritance or perpetual estate;

(2)

An estate for life;

(3)

An estate for years, such as a leasehold or a sublease-hold.

Construction or contractor's yard. Storage yard operated by or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business, storage of scrap materials used for repair and maintenance of contractor's own equipment, and structures for uses including offices and repair facilities.

Construction, maintenance, and repair services. Businesses providing construction, maintenance, and repair services off-site, but that have an office, store equipment and materials, and/or perform fabrication or similar work on-site. Examples include off-site plumbing shops, general contractors, appliance repair, janitorial services, electricians, pest control, heating and air conditioning, roofing, painting, landscaping and septic tank service.

Convenience store. A small store (≤15,000 total square feet) that stocks a range of everyday items such as groceries, toiletries, alcoholic and soft drinks, tobacco products, and newspapers. Such stores may also offer money-order and wire-transfer services.

Cottage food operation. Business operations that prepare and/or package certain non-potentially hazardous foods in private-home kitchens to sell directly to the public (from the home where the cottage food operation is located, at a community event, or indirectly to the public via sale to retail food facilities such as restaurants and markets) as defined in Health and Safety Code Section 113758 or as later amended and defined by the State of California.

Crop production. The growing and harvesting of agricultural produce for food and fiber. Examples include farms, orchards, groves, greenhouses and wholesale nurseries primarily engaged in growing crops, plants, vines, or trees and their seeds, excluding the growing of marijuana for medicinal purposes.

Definitions, "D."

Day care center, child. Commercial or non-profit child day care facilities designed and approved to accommodate fifteen (15) or more children, or any number of children in a nonresidential building. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

Day care, adult. A state licensed day care facility providing care and supervision for seven or more adults for periods of less than 24 hours for any client.

Day care, home. Facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours.

Family day care home. As defined by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

Large family day care home means a home that provides family day care for 8 to 14 children, inclusive, including children under the age of ten years who reside at the home.

Small family day care home means a home that provides family day care for seven or fewer children, including children under the age of ten years who reside at the home.

Density. The number of dwelling units per gross acre (including public road improvements and dedications).

District. A land area shown or described in the land use zoning map to which uniform regulations apply.

Drive-in. An establishment which provides parking facilities and service to those facilities in order that patrons may utilize on-site goods and/or services without leaving their vehicles. Said drive-in service may be in conjunction with, or exclusive of, any other form of service, including drive-through or conventional seating.

Drive-through. An establishment which offers service via a convenience automobile drive aisle and associated facilities in order that patrons may utilize goods and/or service without leaving their vehicles. Said drive-through service may be in conjunction with, or exclusive of, any other form of service, including drive-in or conventional seating.

Driveway. An access way to a required off-street parking facility, driveway shall be paved to a minimum width of ten feet and shall be open and unencumbered to a height of not less than eight feet. It shall be safe and usable.

Dwelling, or dwelling unit. A room or group of internally connected rooms that have sleeping, cooking, eating and sanitation facilities, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

Dwelling, duplex. A structure containing two dwelling units, including a structure where both units are under single ownership, or a structure where each unit is separately owned (a "half-plex").

Dwelling, multiple. A detached building designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen facilities for each family.

Dwelling, single family. A structure containing one dwelling unit.

Dwelling, multifamily. A structure containing three or more other dwelling units. Multi-unit dwellings include: triplexes, fourplexes (building under one ownership with three or four dwelling units, respectively, in the same structure); apartments (five or more dwelling units in a single building), and townhouse development (three or more attached dwellings where no unit is stacked over another unit), and other building types containing multiple dwelling units (for example, courtyard housing, rowhouses, stacked flats, etc.) See also "dwelling, "duplex".

Definitions, "E."

Easement, public. A space on a lot or parcel of land, and so indicated on a subdivision map or in a deed restriction reserved for or used for public utilities or public uses.

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

Definitions, "F."

Family. An individual or two or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and there is a sharing of household activities, expenses, experiences and responsibilities.

Farm equipment and supplies sales. Establishments selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching, including feed stores.

Farmers' market. A physical retail market featuring foods sold directly by farmers to consumers. Farmers' markets typically consist of booths, tables or stands, outdoors or indoors, where farmers sell fruits, vegetables, meats, and sometimes prepared foods and beverages, or other related farm produce.

Farmworker housing. Housing configured to accommodate a maximum of 36 beds in group quarters or up to 12 individual units designed for use by a single family or household, and recognized as employee housing pursuant to Health & Safety Code Section 17008. Employee housing for six or fewer persons shall be treated as a single-family structure and residential use.

Financial services. Banks credit unions; financial consulting firms with services for retirement planning; holding companies and other investment companies; security and commodity exchanges; and brokers and dealers in insurance, money lending, pawn, bail bonds, stocks and bonds, securities, commodities, crop and feed, and real estate contracts.

Food production. Manufacturing establishments producing or processing foods for human consumption and certain related products, including:

Bakery and confectionery products (except facilities that produce goods for on-site sales with limited distribution beyond on-site sales which are included under "retail stores, general merchandise");

Dairy products processing;

Fats and oil products (not including rendering plants which are included under "slaughterhouses and rendering plants");

Fruit and vegetable canning, preserving, and related processing;

Grain mill products and by-products;

Meat, poultry, and seafood canning, curing, and byproduct processing (not including facilities that also slaughter animals).

Beverage production other than dairy products is included under the definition of "beverage production"; beer brewing as part of a brew pub, bar, or restaurant, is included under "alcoholic beverage establishment" (above). See also "cottage food operation" (above).

Frontage, lot. The line where a lot abuts on a dedicated street or highway right-of-way line. Frontage is expressed in linear feet and is measured along such right-of-way line. Where a future street or highway right-of-way line has been established on the general plan or other official plan, frontage shall be measured along that line.

Funeral chapel. A building used primarily for human funeral services in relation to a mortuary or crematory.

Definitions, "G."

Garage or carport. An accessible and usable covered space, either completely enclosed (garage) or open (carport) and not less than ten feet by twenty feet per space and used for vehicular and general storage purpose only. Such garage or carport is to be so located on the lot so as to meet the requirements of this title for an accessory building, or if attached to the main building, to meet all the requirements applicable to the main building.

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

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

Garage/yard sales. The sale of common household goods, primarily owned by the resident, and which use is permitted:

(a)

For a duration of not more than three consecutive days;

(b)

For no more than six times per year per residence; and

(c)

Produces no evidence of its existence upon or beyond the premises such as external alteration creating non-residential or unsightly appearance of a structure, noise, smoke, odors, vibrations, etc.

Gas station. See: "vehicle repair and maintenance" (below).

General plan. The latest adopted General Plan for the city.

Grocery store. A store (>15,000 total square feet) selling foodstuffs and various household supplies.

Gross floor area. The sum of the gross horizontal areas of the several floors of the building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls including walls or other enclosures of enclosed porches. Whenever the term "gross floor area" is used in this title as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, such floor area applies not only to the ground floor area but also to any additional stories or basement of such structure.

Definitions, "H."

Helicopter pad. Land improved and intended to be used for the landing and taking off of helicopters or vehicle flying aircraft.

Home occupation. Any use customarily carried on within a dwelling by the inhabitants thereof which use is incidental to the residential use of the dwelling, and which use:

(a)

Is confined completely within a legal structure and occupies not more than twenty-five percent of the floor space of a dwelling or fifty percent of that of an accessory building.

(b)

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

(c)

Is carried on by the members of the family occupying the dwelling with no other persons employed.

(d)

Produces no evidence of its existence upon or beyond the premises such as external alteration creating non-residential or unsightly appearance of a structure, noise, smoke, odors, vibrations, etc. except one sign not to exceed two square feet in area and pertaining directly to the particular home occupation.

Hospital. See "medical services—hospitals" (below).

Hospital, animal or veterinary clinic. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be only incidental to such hospital use.

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

Definitions, "I."

Definitions, "J."

Junk yard. Any area of two hundred square feet or more used for the storage of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. This definition includes "wrecking yards."

Definitions, "K."

Kennel. Any lot or premises on which six or more dogs, at least four months of age, are kept, boarded or trained.

Definitions, "L."

Live/work unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity and which includes:

Complete kitchen space and sanitary facilities in compliance with Title 16 (Buildings and Construction) of the Municipal Code; and

Working space reserved for and regularly used by one or more occupants of the unit.

Loading space. An off-street space or berth on the same lot with a main building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which shall abut a street, alley or other appropriate means of ingress and egress.

Lot. A parcel of land individually assessed and used or capable of being used under the regulations of this ordinance, and including both the building site and all required yards and other open spaces and frontage as defined herein.

Lot, corner. A lot located at the intersection of two or more streets at an angle of not more than one hundred twenty degrees. If the angle is greater than one hundred twenty degrees, it shall be considered an interior lot.

Lot depth. The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. The depth of a cul-de-sac lot shall be measured at its narrowest point.

Lot, interior. A lot other than a corner lot.

Lot, key. Any lot where the rear lot line abuts the side lot line or one or more other lots, and is not separated by an alley.

Lot, through. A lot having frontage on two parallel or approximately parallel dedicated streets, not including a corner or reversed corner lot. The commission shall determine which frontage or frontages shall be considered as the "lot front" or lot frontages for the purpose of compliance with yard and setback provisions of this title.

Lot width. The horizontal distance between the side lot lines measured at the required building setback line.

Definitions, "M."

Manufactured home. As set forth in Health and Safety Code Section 18007, a structure constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this section, except the size requirements with respect to which the manufacturer files a certification and complies with standards established under the National Manufactured Housing Construction and Safety Act of 1974. The term does not include a recreational vehicle nor a mobile home.

Manufacturing, light. The manufacturing and assembly of finished products or parts, primarily using previously prepared materials. Examples include clothing and fabric product manufacturing, electronics, equipment, and appliance manufacturing; food and beverage product manufacturing, commercial bakeries, laundry, dry-cleaning, and carpet cleaning plants; establishments manufacturing and assembling small products primarily by hand, including jewelry, pottery and other ceramics; woodworking, including cabinet making and furniture manufacturing; metal products fabrication, including machine, sheet metal and welding shops; repair of scientific or professional instruments and electric motors; printing, publishing and lithography; establishments that convert pre-manufactured paper or paperboard into boxes, envelopes, pager bags, wallpaper, and that coats or glazes pre-manufactured paper; and photo/film processing labs. Businesses primarily engaged in the sale of consumer products produced off-site are excluded from this definition.

Medical marijuana dispensary. Medical marijuana dispensary or dispensary means (1) any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to three (3) or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure or location, whether fixed or mobile, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively, distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant in California Health and Safety Code Section 11362.5 et seq. and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General Guidelines. The terms "primary caregiver," "qualified patient," and "person with an identification card" shall be as defined in California Health and Safety Code Section 11362.5 et seq.

For purposes of this chapter, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and complies strictly with applicable law, including but not limited to, California Health and Safety Code Section 11362.5 et seq.:

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code.

A cannabis manufacturing facility authorized by a cannabis manufacturing special use permit granted by the city council and operating with a valid cannabis manufacturing regulatory permit issued by the city.

Medical services—Clinics and laboratories. Facilities primarily engaged in furnishing outpatient dental, medical, mental health, surgical, therapeutic and other personal health services, and medical and dental laboratories. See also: "Personal services" (below).

Medical services—Extended care. Residential facilities providing nursing and health-related care as a principal use with in-patient beds, including skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility), extended care facilities, convalescent and rest homes, board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "residential care facility, small" and "residential care facility, large" (below).

Medical services—Hospitals. Hospitals and similar establishments primarily engaged in providing diagnostic services and extensive medical treatment including surgical and other hospital services; these establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail uses, emergency vehicles, ambulances, and heliports.

Mixed use. Means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development

Mobile home. As set forth in Health and Safety Code Section 18008, a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Mobile home" includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobile homes in effect at the time of construction. "Mobile home" does not include a manufactured home, recreational vehicle, commercial coach, or camper, as defined by state law.

Mobile home park. As used herein means a "trailer court," or a "travel trailer park," each as defined in Chapter 5, Title 25, of the California Administrative Code.

Motel. A group of two or more detached or semi-detached buildings containing guest rooms or apartments with auto storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodations of transient automobile travelers.

Motor vehicle. A vehicle that is self-propelled. Motor vehicle includes motor home and camper unit mounted on a truck body.

Multifamily dwellings. A structure that includes three or more single family dwelling units. See also "dwelling unit, multiple."

Definitions, "N."

Nonconforming building. A building or portion thereof lawfully existing on the effective date of this title, which was designated, erected or structurally altered for use which does not conform to the uses permitted in the zone in which it is located, or which does not comply with one or more of the property development standards of the zone in which it is located.

Nonconforming use. A use of a building or land existing on the effective date of this title which does not conform to the uses permitted in the zone in which it is located.

Definitions, "O."

Offices, governmental. A place of employment occupied by governmental agencies and their employees.

Offices, professional. A place of occupied by businesses providing professional services. Examples include, offices for accountants, attorneys, commercial art and design services, news services, photographers, counselors and psychologists, engineers, real-estate agents, and other professions.

Open uses. Those uses which do not have to be associated with buildings or structures for the carrying on of their trade, service or activity, such as, but not limited to, automobile sales, contractor's storage yards, and equipment rental yards.

Outdoor advertising. Any outdoor display of advertising material in any form upon any physical structure or natural object.

Definitions, "P."

Parking lot. An area of land, a yard, or other open space on a lot used for or designed for use by standing motor vehicles.

Parking space. Space exclusively of driveways, ramps, columns, loading areas, office or work areas, office or work areas within a building or open parking area for the parking of vehicles. A parking space shall be accessible and usable for the parking and conform to the requirements of this title.

Personal services. Establishments providing various services to individuals as a primary use, including beauty and barber shops, clothing rental, tailor shops, driving schools, martial arts studios, fitness centers, photography studios, small-scale dry cleaners, self-service laundries, tanning salons, psychic readers, day spas, massage (nonsexual) services, body piercing, tattooing, electrolysis, and other similar uses. These uses may also include accessory retail sales of products related to the services provided.

Plant nurseries. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of these products (such as wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under "accessory buildings and structures"). The sale of house plants or other nursery products entirely within a structure is also included under "retail stores, general merchandise."

Printing and publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or other common processes, including electrostatic (xerographic) copying and other "quick printing" services, and establishments serving the printing trade including silk screening, bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish and deliver newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices.

Printing and publishing—Computer/electronic. Establishments engaged in printing, production, and publishing through the use of computers, with mail-out distribution or limited delivery.

Public safety facility. A facility operated by a public agency for the purpose of protecting public safety, including but not limited to fire stations and other fire-fighting facilities, police stations and ambulance dispatch facilities.

Definitions, "Q."

Definitions, "R."

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

It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

It contains 400 square feet or less of gross area measured at maximum horizontal projections.

It is built on a single chassis.

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

Recreational vehicle (RV) park. Any area or tract of land, or a separate designated section within a mobile home park where two or more lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision cooperative, condominium, or other form of resident ownership, to accommodate owners or users of recreational vehicles, camping cabins or tents.

Recycling collection facility. A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public.

Recycling processing facility. A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include the collection of storage containers located on a residential, commercial, or industrially designated parcel used solely for the recycling of material generated on the parcel.

Residential care facility (large). A single family or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour non-medical care for more than six unrelated persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. This includes halfway houses, social rehabilitation facilities. This does not include day care facilities, which are separately defined.

Residential care facility (small). A single family or multi-unit facility licensed or supervised by a Federal, State, or local health/welfare agency that provides 24-hour non-medical care for up to six persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Six or fewer persons" does not include the operator, the operator's family or persons employed by staff. This does not include day care facilities, which are separately defined. This use is permitted in any area zoned for residential use.

Restaurant and café. Any retail business that sells cooked or ready-to-eat food or beverages primarily for on-premises consumption.

Retail stores, general merchandise. Retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to:

Art supplies

Auto parts (not repair or machine shops)

Bakeries (retail only)

Bicycles and mopeds

Books

Cameras and photographic supplies

Clothing and accessories

Convenience stores

Drug and discount stores

Fabrics and sewing supplies

Farm equipment and supplies

Feed Stores, prepackaged fuel

Florists and houseplant stores

Firearms

Gifts, novelties and souvenirs

Handcrafted items (subordinate to sales)

Hardware

Hobby materials

Jewelry

Luggage and leather goods

Musical instruments, parts, and accessories

Orthopedic supplies

Small wares

Specialty shops

Sporting goods and equipment

Stationery

Toys and games

Variety stores

Rezoning. "Rezoning" means the same as "zone, change of."

Definitions, "S."

Schools—Public and private. Public and private elementary, middle, junior high, and high schools serving kindergarten through 12th-grade students, including boarding schools and military academies. Also includes community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. Preschools and child day care are included under the definition of "day care centers, child."

Schools—Specialized education and training. Business, secretarial schools, and vocational schools offering specialized trade and commercial courses. Includes specialized schools offering subjects in art, drama, dance, driver education, language, and music. Also includes seminaries and other facilities exclusively engaged in training for religious ministries, and establishments furnishing educational courses by mail. Further includes facilities, institutions, and conference centers that offer specialized programs in personal growth and development including fitness, martial arts, yoga, environmental awareness, communications, and management.

Secondary dwelling unit. An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single family dwelling is situated and shall comply with the following:

The unit is not intended for sale and may be rented.

The lot is zoned for single family or multifamily residential use.

The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

The increased floor area of an attached second unit shall not exceed thirty percent of the existing living area, which means the interior habitable area of the dwelling.

The total area of floor space for detached second unit shall not exceed 1,200 square feet.

Requirements relating to height, setback, lot coverage, and other zoning requirements generally applicable to residential construction in the zone in which the property is located.

The lot contains an existing single-family dwelling.

A minimum lot size of 9,600 square feet shall be required for any detached secondary unit.

In addition to the parking requirements for the principal residential structure, one off-street parking space shall be provided for the secondary dwelling unit.

Setback line for front, rear, and side yards. A line established by this ordinance to govern the placement of buildings and other improvements with respect to streets and alleys and property lines.

Sign. Means any sign, identification, display, illustration, device or visual representation designed and used for the purpose of communicating a message, advertising, and/or identifying or attracting attention to a premises, product, service, person, activity, business or event, and shall include all of its structure and component parts. "Sign" shall not include any flag of the United States of America or State of California, or any display of merchandise outside of a business.

Single-room occupancy. A structure with one room residential units designed to provide living facilities for one person, often with cooking facilities and with private or shared bathroom facilities.

Slaughterhouses and rendering plants. Slaughterhouses are establishments primarily engaged in slaughtering cattle, hogs, sheep, and calves for meat to be sold or to be used on the same site in canning, curing, and freezing, and in the making of sausage, lard, and other products. Rendering plants are engaged in the rendering of inedible stearin, grease, and tallow from animal fat, bones, and meat scraps.

Solid waste facility/materials recovery transfer. A place legally used for the disposal, abandonment, discarding, dumping, reduction, burial or by any other means, of any garbage, trash, refuse or waste material.

Stable, commercial. A stable for horses to be let, hired or used on a commercial basis.

Stable, private. A stable for horses to be used by owners thereof.

Stone and cut stone products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.

Storage, personal storage facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. Also known as "mini-storage."

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story.

Street. A public or permanent private right-of-way forty feet or more in width which affords a primary means of access to property, and including Tuttle Lane from Bridge Street to Eighth Street and other such access ways of less than forty feet in width which are declared to be streets by city council action.

Structural alterations. Any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles or retaining walls or similar components.

Structure. Anything constructed or built over the height of seven feet, any edifice or building or any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner, which has a required location on the ground or is attached to something having a location on the ground except outdoor areas such as patios, paved areas, walks, swimming pools, tennis courts and similar recreation areas.

Supportive housing. Housing that provides support services exclusively designated and targeted for recently homeless persons and families that is intended to assist them to gain necessary life skills in support of independent living. Additional services for this type of housing may include case management, mental health treatment and life skills. This housing type has no limit on length of stay. This housing type shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Definitions, "T."

Target population. Means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 3.5 commencing with Section 4500 of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

Taxidermy shop. A facility for preparing and preserving the skins of animals and for stuffing and mounting them in lifelike form.

Telecommunications facility. An unstaffed facility for the transmission and reception electromagnetic signals.

Theaters, auditoriums, and meeting halls. Indoor facilities for public assembly and group entertainment, other than sporting events, including: public and quasi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls, and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses.

Trailer. Any wheeled vehicle designed for carrying persons or property and for being drawn by a motor vehicle. Trailer includes, but is not limited to, camp trailer, mobile home, utility trailer or trailer specially designed to carry motorcycles, airplanes, boats, gliders, etc.

Transitional housing. Housing that provides support services exclusively designated and targeted for recently homeless persons and families that is intended to assist them in obtaining a stable income and permanent housing. Occupancy of such a facility is limited to between six months and twenty-four months. Support services provided may include meals, child care, counseling, vocational rehabilitation and other similar support services. This housing type shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Definitions, "U."

Definitions, "V."

Vehicle repair and maintenance. An establishment for the repair, alteration, restoration, or finishing (including self-service and attended car washes) of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, and towing. Gasoline and alternative fuel/recharging sales are allowed under this definition.

Vehicle sales and rental. A facility from which vehicles are sold, leased, or rented.

Definitions, "W."

Warehousing. Facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public, which are included under "storage, personal storage facility," warehouse facilities where the primary purpose of storage is for wholesaling and distribution, which are included under "wholesaling and distribution," or terminal facilities for handling freight, which are included under "vehicle and freight terminals."

Wholesaling and distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Includes merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Definitions, "X."

Definitions, "Y."

Yards. Land unoccupied or unobstructed to the sky except for such encroachments as may be permitted by this ordinance, surrounding a building site.

Yard types:

(a)

Front yard - A yard extending across the full width of the lot from the front property line or the existing or future street right-of-way line and to a setback depth required by the zoning district in which said lot is located.

(b)

Interior side yard - A yard on the interior side(s) of a lot extending from the required front yard to the required rear yard and to, a setback width required by the zoning district in which said lot is located.

(c)

Street side yard - A side yard abutting the street extending from the front yard to the rear yard and to a setback width required by the zoning district in which said lot is located.

(d)

Rear yard - A yard extending along the full width of the lot from the rear property line to a setback depth required by the zoning district in which said lot is located.

Definitions, "Z."

Zoning map. The official map that describes thereon the several zoning districts to which the regulations set forth in this title shall apply.

(Ord. No. 509, § 3, 10-20-2015; Ord. No. 518, § 3, 6-20-2017; Ord. No. 519, §§ 4, 5, 7-18-2017)