§ 17.04

"Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including materials, or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.220 - Carport.

"Carport" means a detached accessory building not enclosed on more than two sides and designed for and used to shelter or house automobiles, and is subject to all regulations and yard requirements of an accessory building. When attached to the main building, a carport becomes a part thereof and is subject to the yard and other regulations which apply to the main building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.230 - Centerline of street.

"Centerline of street" means the centerline of a street or highway as established by the county surveyor of the county, or the city engineer of any city within the county or by the division of highways of the State of California, where no right-of-way lines have been so established. The centerline of the traveled way shall be construed as the centerline. The centerline of the service road of a freeway or limited access highway shall be defined as the centerline of the traveled way of such service road.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.240 - Child day care use.

"Child day care use" means daytime but not overnight care of children under sixteen years of age for periods less than twenty-four hours providing that (1) the child day care is accessory to a residential use of the home; and (2) the home is licensed or certified for such use by the State of California or the County of Shasta.

Small: Eight or fewer children.

Large: Nine or more children.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.250 - Commercial livestock feed yard.

"Commercial livestock feed yard" means a place where livestock are confined for feeding.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.260 - Detached building.

"Detached building" means a building, no part of which is attached to any other building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.270 - Dining commons.

"Dining commons" means a facility accessory to a residence hall and used primarily for the purpose of preparing and serving food to the occupants thereof and which excludes service to the general public.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.280 - District.

"Districts" means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in Chapters 17.08 through 17.42.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.290 - Drive-through or drive-in facilities.

"Drive-through or drive-in facilities" means a commercial establishment or an accessory facility of a commercial establishment in which customers wait in line in their vehicles to progress to a service point at which they briefly transact business from their vehicles and then immediately depart from the premises, including, but not limited to, banks (motor banks, drive-through banks, drive-up banks), fast food establishments, and film deposit and pickup establishments, but not including, drive-in movies, drive-in car washes through which the vehicles do not travel on their own power, drive-in food establishments where customers do not wait in line in their vehicles for service, or gasoline service stations.

(Ord. No. 771, Exh. A, 6-7-2011)

"Dwelling" means a building or portion thereof designed for and occupied in whole or in part as a home, residence, or sleeping place, either permanently or temporarily, by one or more families and their guests and servants, but not including a boarding or lodging house, hotel, auto court or trailer.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.310 - Dwelling group.

"Dwelling group" means a group of two or more detached or semidetached dwellings occupying a building site and arranged around two or three sides of a court which opens onto a street, including house courts, bungalow courts and apartment courts but not including multiple dwellings, auto or trailer courts or camps, hotels, or resort-type hotels.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.320 - Dwelling, multiple.

"Multiple dwelling" means a single detached dwelling designed for and occupied exclusively by three or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort-type hotels.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.330 - Dwelling, single-family.

"Single-family dwelling" means a single detached dwelling designed for and occupied exclusively by one family alone, and having but one kitchen.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.340 - Family.

"Family" means any group of two or more individuals that live together as a household unit regardless of relationship.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.350 - Family care home.

"Family care home" means an occupied residence in which a person living at the residence provides care for person other than those in the family for a period of twenty-four hours per day.

Small: Eight or fewer persons.

Large: Nine or more persons.

(Ord. No. 771, Exh. A, 6-7-2011)

"Private garage" means an accessory building or an accessory portion of the main building, containing not more than one thousand square feet of floor area, enclosed on three or more sides and designed or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.370 - Garage sale.

"Garage sale" means a sale by a property owner or occupant of a dwelling for profit, livelihood, or to dispose of unwanted or surplus household items, furnishings or similar articles. Although ordinarily conducted in a garage in a residential zone, this term shall be construed to include "yard sales" and other sales conducted on any portion of the premises with exception of incidental sales of one or two items of personal property. The term shall also include such sales conducted by a combination of residents at a single location whether or not the event takes on the character of a rummage sale or a fund-raising event for civil or charitable purposes.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.380 - Guest house.

"Guest house" means a detached accessory building which does not contain kitchen facilities and which is designed for and used to house nonpaying transient visitors or guests of the occupants of the dwelling on the lot.

(Ord. No. 771, Exh. A, 6-7-2011)

"Hazardous material" means any substance or product:

A.

For which the manufacturer or producer is required to prepare a "material safety date sheet" for the substance or product pursuant to the "Hazardous Substances Information and Training Act" (commencing with Section 6360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code) or pursuant to any applicable law or regulations;

B.

Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B., maintained and updated by the Nuclear Regulatory Commission;

C.

Which is hazardous or extremely hazardous waste as defined by Section 25115 and 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66685 of Title 22 of the California

Administrative Code;

D.

That which is determined hazardous by the Anderson Fire Department.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.400 - Height of building.

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.410 - Home occupation.

"Home occupation" means any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the use permitted in the residential district of which it is a part.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.420 - Hotel.

"Hotel" means any building or portion thereof containing six or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied or which are occupied, by six or more individuals for compensation, whether the compensation for hire be paid directly or indirectly.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.425 - Housing, farmworker.

"Farmworker housing" means employee housing as defined by California Health and Safety Code Section 17008.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.426 - Housing, supportive.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, 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. 771, Exh. A, 6-7-2011)

17.04.427 - Housing, transitional.

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

(Ord. No. 771, Exh. A, 6-7-2011)

"Improvement" means any object affixed to or growing in the ground other than a building or structure.

(Ord. No. 771, Exh. A, 6-7-2011)

"Junk" is defined as being any old iron, wire, brass, copper, tin, lead, or any other scrap metals, and any rags, papers, bags, lumber, bottles, bones, and old parts of bicycles, tricycles, baby carriages, automobiles, other vehicles or machinery, or other scrap materials, and also bicycles, tricycles, baby carriages, automobiles, other vehicles or machinery dismantled or "wrecked" and similar personal property ordinarily classified as junk, all regardless of whether the same is being held for sale or storage.

(Ord. No. 771, Exh. A, 6-7-2011)

A "junkyard" is any premises or portion thereof upon which any of the articles defined as junk in this chapter are kept for sale or storage, in the open and not entirely enclosed within a room or building, whether for profit, business use, personal use or convenience, or otherwise.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.460 - Kennel.

"Kennel" means any premises or area where four or more dogs three months of age or older are kept and cared for.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.465 - Landscaping.

"Landscaping" means trees, shrubs, grass or other ornamental vegetation.

Architectural Lighting. Lighting which is either directed towards a building with the intent of highlighting an architectural or landscape feature or a light fixture which is architecturally ornamental in purpose.

Fully Shielded. A luminaries or lighting fixture that by design of the housing does not allow any light dispersion or direct glare to shine above a ninety-degree horizontal plane from the base of the fixture. Fully

shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated and disability glare will result.

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Light Trespass. Light from an artificial light source that is intruding into an area where it is not wanted or does not belong.

Up Lighting. Any source that distributes illumination above a ninety-degree horizontal plan.

Off-Street Lighting. Off-street parking areas for nonresidential uses providing parking spaces for use by the general public shall be provided with a maintained minimum of one footcandle of light on the parking surface from dusk until the termination of business every operating day. Such lighting, which would cause unreasonable annoyance to occupants of the neighboring properties or otherwise interfere with the public health, safety or welfare, shall be so arranged as to reflect light and glare away from adjoining premises and streets.

Ground-mounted light poles serving parking areas shall be located within a planter or incorporated into a walkway or other pedestrian area. A ground-mounted light pole with a concrete pedestal greater than six inches above grade, which is not screened by vegetation, shall incorporate pedestal design enhancements (e.g., raised relief, textured, exposed aggregate or like treatment).

(Ord. No. 771, Exh. A, 6-7-2011)

"Lot" means a parcel of land which is not divided by a street, and which has sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required by this code. Such lot shall have frontage on a street and may consist of a single lot of record, a portion of a lot of record, a combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record. Provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this code. The word "lot" includes the words "plot" or "parcel."

(Ord. No. 771, Exh. A, 6-7-2011)

"Corner lot" means a lot located at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of such streets. For the purpose of this title, the narrowest frontage of a corner

lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces.

(Ord. No. 771, Exh. A, 6-7-2011)

"Flag lot" means a lot in which the general configuration is in the shape of an "L" or "T" and which has frontage on a street by means of a narrow strip of land which is part of the lot. The minimum frontage shall be twenty feet on a dedicated public street. When two flag lots are proposed side-by-side, the minimum street frontage shall be fifteen feet each (a total of thirty feet) with a reciprocal driveway easement recorded across both lots to the benefit of both parcels. All such easements shall have adequate minimum turnaround as required by the public works director.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.490 - Lot, key.

"Key lot" means an interior lot where the side yard abuts the rear yard or side yard of a corner lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.500 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.510 - Lot, through.

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.520 - Lot area.

"Lot area" means the total horizontal area included within lot lines.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.530 - Lot depth.

"Lot depth" means the average distance from the street line of the lot to the rear line measured in the general direction of the side lines of the lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.540 - Lot frontage.

"Lot frontage" means that dimension of a lot or portion of a lot abutting on a street except the side dimension of a corner lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.550 - Lot line.

"Lot line" means the lines bounding a lot as defined herein.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.560 - Lot width.

"Lot width" means the distance between the lot line measured at the front yard building line.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.565 - Maintenance.

"Maintenance" means furnishing of service and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including:

(a)

Repair, removal or replacement of all or any part of any improvement;

(b)

Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury;

(c)

Removal of trimmings, rubbish, debris and other solid waste.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.570 - Mobile home.

"Mobile home" means a movable dwelling built to be towed on its own chassis and underpinning, at least forty feet long or eight feet wide, contain year-round living facilities for a family, including provisions for eating, sleeping, cooking and sanitation.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.580 - Mobile home park.

"Mobile home park" means a lot or parcel of land where mobile home sites are rented or leased, or offered for rent or lease, for the accommodation of two or more mobile homes.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.590 - Nonconforming building.

"Nonconforming building" means a building or structure or portion thereof lawfully existing at the time the zoning ordinance was adopted, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.610 - Parking lot.

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

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.620 - Parking space.

"Parking space" means a paved area which is used exclusively for the parking of motor vehicles and which is accessible by such vehicles to and from a street or alley.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.630 - Professional office.

"Professional office" means an office of the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, civil engineer or surveyor's drafting office, collection agency, dentist, doctor, funeral parlor, insurance office, private detective, real estate office, social worker, or similar use; but not the following uses: advertiser, barbershop, contractor, pest control, pharmacy, veterinarian, beauty parlor.

(Ord. No. 771, Exh. A, 6-7-2011)

"Residential manufactured housing" means a mobile home certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) which is placed on a foundation system in accordance with the provisions of Section 18551 of the California Health and Safety Code and which is used as a single-family dwelling.

(Ord. No. 771, Exh. A, 6-7-2011)

"Rest home" means a structure used for rooming and boarding patients or residents, which use requires a permit from an agency of the county or state.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.660 - Retirement center.

See "Senior citizens' housing development", Section 17.04.680.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.670 - Second dwelling unit, attached.

"Attached second dwelling unit" the addition to an existing single-family dwelling of a second dwelling unit having a common wall with the main building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.680 - Senior citizens' housing development.

A "senior citizens' housing development" is a development containing dwellings specifically designed for and occupied by persons considered elderly, handicapped or disabled as described in federal regulations set forth in 7 CFR 1944, Subpart E, and limited to such occupancy for the actual lifetime of the building either by the requirements of state or federal programs for housing for the elderly or in accordance with standards established by resolution of the planning commission and by legal arrangements approved as to form by the city attorney, unless there is an authorized change in designation of eligible occupancy from elderly to other type of occupancy as permitted by applicable federal regulations.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.690 - Service station.

See "Auto service station", Section 17.04.120.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.700 - Setback line.

"Setback line" means a line established by Chapters 17.08 through 17.36 to govern the placement of buildings with respect to streets and alleys.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.705 - Shelter, emergency.

"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.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.710 - Shopping center.

"Shopping center" means a group of five or more commercial establishments planned and developed as a unit on a single or commonly owned parcel of land. Said development shall utilize an undivided or unsegregated parking area.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.720 - Single-room occupancy unit.

"Single-room occupancy unit (SRO)" means an efficiency unit that is occupied as a primary residence, and is subject to state landlord tenant law pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of

Part 4 of Division 3 of the Civil Code. The term also includes a unit in an "SRO Project" as described in California Code of Regulations, Title 4, Section 10325(g)(3).

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.720 - Street.

"Street" means a public or private thoroughfare which affords principal means of access to abutting property; including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare, except an alley as herein defined.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.730 - Street line.

"Street line" means the boundary between a street right-of-way and property.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.740 - Structural alteration.

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, and floor joists, ceiling joists or roof rafters, but not restricted to those mentioned above.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.750 - Structure.

"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. No. 771, Exh. A, 6-7-2011)

17.04.760 - Swimming pool.

"Swimming pool" means an accessory structure used for swimming, diving and related uses.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.763 - Temporary storage structures.

"Temporary storage structures" means a portable storage unit that does not have a permanent foundation or footing and which includes cargo containers, portable storage containers, truck trailers, construction trailers, and bulk solid waste containers. Such structures shall not be considered a building unless placed on a permanent foundation, connected to electrical, water, sewer or any other utility services. Temporary storage structures shall include any of the following:

Cargo Container. A container intended for multi-model transportation via sea going vessel, train, and trucktrailer. These containers are self-contained without axles or wheels.

2.

Portable Storage Container. A self-storage container that is delivered to and retrieved from a home or business for off-site or on-site storage. Portable Storage On Demand or PODS are a familiar trade name for such containers. These containers are not on a chassis and do not have axles or wheels.

3.

Semitrailer Storage. A mobile trailer with a chassis, axles, and wheels that is towed by a truck or tractor and is utilized for the storage and/or transport of material. Such trailers shall not exceed fifty-three feet in length.

4.

Construction Trailer/Container/Portable Structure. A trailer, portable temporary container, or portable structure with or without axles and wheels intended to support construction activity at a site with an active building permit.

5.

Bulk Solid Waste Container. A container intended for construction waste material or other refuse, for the purpose of removing said material from a site.

(Ord. No. 805, § 1, 3-7-2017)

"Total parking area" means the total number of required parking spaces multiplied by three hundred twentyfive square feet, which accounts for aisle and access areas.

(Ord. No. 771, Exh. A, 6-7-2011)

"Trailer" means a vehicle with motor power or a vehicle without motor power designed to be drawn by a motor vehicle and to be used, or in fact used however temporarily, for human habitation, office, shops, or storage, including trailer coach and house trailer, mobile home and camper.

(Ord. No. 771, Exh. A, 6-7-2011)

"Trash enclosure" means an enclosure made of either solid wood, block or fence with wood or plastic slats, with a four-inch concrete floor, located a minimum of twenty feet from any street property line, and directly accessible from the main parking lot driveway.

(Ord. No. 771, Exh. A, 6-7-2011)

"Use" means the purpose for which land, or premises or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.790 - Yard.

"Yard" means land unoccupied or unobstructed from the ground upward, except for such encroachments as may be permitted by the zoning ordinances.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.800 - Yard, front.

"Front yard" means a yard extending across the full width of the lot, measured between the street line and the required front setback line.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.810 - Yard, rear.

"Rear yard" means a yard extending, between the side yards of the lot and measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot. In the case of a corner lot, the rear yard is that portion of the lot opposite to the front yard.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.820 - Yard sales.

See "Garage sale", Section 17.04.370.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.830 - Zone.

The word "zone" as used in Chapters 17.02 through 17.62 shall mean the same as "district" as defined in this chapter.

(Ord. No. 771, Exh. A, 6-7-2011)

Chapter 17.06 - INTERPRETATION AND ENFORCEMENT

17.06.010 - Interpretation of provisions.

When interpreting and applying the provisions of Chapters 17.02 through 17.62 they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of Chapter 17.02 through 17.62 to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be

adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by Chapters 17.02 through 17.62 to interfere with or abrogate or annul any easement, convenant, or other agreement between parties; provided, however, that in cases in which Chapters 17.02 through 17.62 impose a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings or the use of any such building or premises in such several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such cases the provisions of Chapter 17.02 through 17.62 shall control.

(Ord. 515 § 1 Exh. A (part), 1987)