Chapter 14.20 — DEFINITIONS

Words used in the present tense include the future. Words in the singular number include plural, and words in the plural number include the singular. The word "building" includes the word "structure," and the word "shall" is mandatory and not directory. The term "city council" means the city council of the city of Biggs, and the "planning commission" means the planning commission of the city of Biggs. (Formerly 14.10.010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Abut"

means to physically touch, border upon, or to share a common corner or property line. For the purposes of this title, abutting properties shall include those properties separated by any road or street, except a highway.

(Formerly 14.10.020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Accessory building or structure"

means a building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. An accessory building or structure may be erected only after the principal building or structure is established.

(Formerly 14.10.030; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Accessory use"

means a use of land or a building that is customarily incidental and subordinate to the principal use of the land or building located on the same lot. An accessory use may be established only after the principal use is established.

(Formerly 14.10.040; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Adult entertainment businesses"

shall mean the following:

• (1) Adult Bookstore. An establishment or business having as a predominant part of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this section, and limited in sale of such sexual materials to adults.

• (2) Adult Motion Picture Theater. An enclosed building with a capacity of two or more persons used predominantly for commercially presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or the showing or advertising of X-rated films, for observation by patrons therein.

• (3) Artist's Body Painting Studio. An establishment or business which provides the services of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude.

• (4) Massage Shop. An establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms

and methods of physiotherapy, unless operated by a medical practitioner or physical therapist licensed by the state.

• (5) Modeling Studio. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

• (6) Other Adult Businesses. Any other business or establishment which offers its patrons services or entertainment characterized by nude or semi-nude entertainment, and/or by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

• (7) Specified Sexual Activities. "Specified sexual activities" shall mean:

  • (a) Human genitals in a state of sexual stimulation or arousal;

  • (b) Acts of human masturbation, sexual intercourse, or sodomy;

  • (c) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

• (8) Specified Anatomical Area. "Specified anatomical area" shall mean:

  • (a) Less than completely or opaquely covered:

    • (i) Human genitals, pubic region,

    • (ii) Buttocks,

    • (iii) Female breast area below a point immediately above the top of the areola;

  • (b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(Formerly 14.10.050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Agriculture"

means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and the necessary accessory uses; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities. As used in this definition, "accessory use" means those supply, service, storage, and processing areas and facilities to accommodate agricultural products produced on the premises. The above uses shall not include fur farms, feed lots, stockyards, slaughterhouses, commercial poultry farms, rice dryers, nut hulling works, hog farms, fertilizer works, fruit packing plants or plants for the reduction of animal matter, or similar commercial or industrial uses.

(Formerly 14.10.060; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Agricultural processing plants"

means facilities for the preparation, processing, packing, canning, or otherwise preparing agricultural products for sale or distribution.

(Formerly 14.10.070; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Agricultural products"

means products that are the result of cultivating, harvesting, or raising orchards, field crops, and/or livestock.

(Ord. 409 § 3, 2017)

"Agricultural product sales, off site"

means the sale of agricultural products grown off site. (Ord. 409 § 3, 2017)

"Agricultural product sales, on site"

means the sale of agricultural products grown on site.

(Ord. 409 § 3, 2017)

"Agricultural support services, general"

means commercial, service, and industrial uses directly supporting agricultural activities in Butte County. Examples of agricultural support services include the manufacturing, assembly, or repair of agricultural equipment; fertilizer storage, distribution, and manufacturing, and other similar agriculture-related uses that have the potential to produce objectionable noise, smoke, odor, dust, heat, vibration, or industrial wastes.

(Ord. 409 § 3, 2017)

"Agricultural support services, light"

means commercial, service, and industrial uses directly supporting agricultural activities in Butte County that are not classified as agricultural support services, general. Examples of agricultural support services, light uses include agricultural equipment rental and sales; the storage, warehousing, transport and distribution and wholesaling of agricultural products; the processing and recycling of orchard and farm wood; agricultural research, development, management and maintenance services conducted primarily within an office setting; and other similar agriculturerelated uses.

(Ord. 409 § 3, 2017)

"Agricultural worker housing"

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

(Formerly 14.10.075; Ord. 400 § 2, 2014; Ord. 409 § 3, 2017)

"Agricultural worker housing center"

means housing for agricultural employees consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household subject to a permit from the state as required by Health and Safety Code Section 17021.6 . A "group quarters" means a single building that contains no more than 36 beds, as well as other facilities associated with a residence. Units or spaces designed for use by a single family or household means either a multi-unit apartment complex or single-family residential homes clustered together in one location functioning as a housing center.

(Ord. 409 § 3, 2017)

"Alley"

means a public or private way not more than 30 feet in width affording only secondary means of access to abutting property.

(Formerly 14.10.080; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Animal grazing"

means the keeping of cattle, sheep, hogs, or other livestock on rangeland and pasture. Uses classified as stable, commercial; stable, semi-private; and stable, private are excluded from this definition.

(Ord. 409 § 3, 2017)

"Animal services"

means any establishment that keeps animals for sale or hire provides medical treatment for animals on the premises or regularly offers temporary boarding facilities for animals. Examples of animal services uses include veterinarian clinics, commercial dog and cat grooming businesses, animal hospitals, commercial kennels, and animal shelters.

(Ord. 409 § 3, 2017)

"Applicant"

means any person who files an application for a permit, variance or change in zoning pursuant to the provisions of this chapter.

(Formerly 14.10.090; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Automated teller machine (ATM)"

means 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.

(Ord. 409 § 3, 2017)

"Basement"

means a space partly or wholly underground, and having more than one-half its height, measured from its floor to its finished ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above ground, at any point, such basement shall be considered a story.

(Formerly 14.10.100; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Block"

means an area of land that is bounded by and contiguous to rights-of-way and/or other natural boundaries.

(Formerly 14.10.110; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Boardinghouse"

means a dwelling other than a hotel or motel where lodging and meals for three or more persons are provided for compensation. "Boardinghouse" includes "rooming house." (Formerly 14.10.120; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Buildable area"

means the usable portion of a lot remaining after required yards (setbacks) and easements have been provided.

(Formerly 14.10.130; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Building"

means any structure having a permanent foundation and roof or other covering supported by columns or walls and designed or used for the shelter or enclosure of any person, animal or property of any kind, or for use by commercial, industrial or other enterprises. (Formerly 14.10.140; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Building coverage"

means the total area covered by all structures on a lot, not including eaves. (Formerly 14.10.150; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Building height"

means the vertical distance from the highest point on a structure, excepting any chimney, flagpole or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

(Formerly 14.10.160; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Main building"

means a building which contains the principal use of the lot upon which it is situated. (Formerly 14.10.170; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Carport"

means a structure designed and constructed to cover a parking space, having no more than two permanent walls and being attached to or standing apart from a main building. (Formerly 14.10.180; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Child care center"

means a facility that provides nonmedical care and supervision of minors for periods of less than 24 hours. Examples of child care center uses include nursery schools, day nurseries, day care centers, infant day care centers, cooperative day care centers, and other similar uses. (Ord. 409 § 3, 2017)

"Child day care, large"

means, as defined by Health and Safety Code Section 1596.78 , a day care facility in a single dwelling where an occupant of the residence provides family day care for nine to 14 children, inclusive, including children under the age of 10 years who reside in the home. (Ord. 409 § 3, 2017; Ord. 428 § 3 (Exh. I), 2022)

"Child day care, small"

means, as defined by Health and Safety Code Section 1596.78 , a day care facility in a single residence where an occupant of the residence provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home. (Ord. 409 § 3, 2017)

"Clinic"

means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.

(Formerly 14.10.190; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Club"

means any building or premises used for regular or periodic meetings of a group of persons organized for a nonprofit purpose, exclusive of groups organized to render a service customarily carried on as a business.

(Formerly 14.10.200; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Cluster development"

is a development pattern that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space or the preservation of sensitive environmental resources.

(Formerly 14.10.210; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Combining district"

means a district within which certain regulations and requirements may apply in addition to, or in lieu of, regulations and requirements of the zoning district to which the combining district has been attached.

(Formerly 14.10.220; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Convalescent home"

means any institution, place or building which maintains and operates organized facilities for convalescence, including care and treatment of chronic illness, without providing general hospital medical care.

(Formerly 14.10.230; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Cottage unit"

means a single-family dwelling not exceeding 640 square feet in floor area. (Formerly 14.10.240; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"District"

means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain other regulations are applicable, all as set forth and specified in this title.

(Formerly 14.10.250; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Gross density"

is the number of dwelling units within a project divided by the total number of gross acres. (Formerly 14.10.260; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Net density"

is the number of dwelling units within a project divided by the number of net acres. Net acreage is derived by subtracting the amount of land dedicated to roads and other similar improvements from total project acreage.

(Formerly 14.10.270; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"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.

(Formerly 14.10.275; Ord. 400 § 2, 2014; Ord. 409 § 3, 2017)

"Driveway"

means an unobstructed concrete area providing access to a vehicle parking, loading or maneuvering facility.

(Formerly 14.10.280; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Dwelling"

means a building designed or used for residential occupancy. A dwelling contains living facilities for one or more persons with provisions for sleeping, eating, cooking and sanitation. (Formerly 14.10.300; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Duplex"

means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Each duplex unit shall have an entry way (front door) visible and directly accessible from the street fronting the parcel.

(Formerly 14.10.290; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Multiple-family dwelling"

means a dwelling designed or used for residential occupancy by more than two families, with or without common or separate kitchen or dining facilities, including apartment houses, condominiums, fourplexes, dormitories, rooming houses, boardinghouses, row houses,

townhouses and similar housing types, but not including hotels, motels, hospitals, or institutional residences.

(Formerly 14.10.350; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

A "primary dwelling" means the dwelling that contains the principal use of the lot on which it is located.

(Formerly 14.10.310; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

• (1) "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) An efficiency unit, occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may have partial kitchen or bathroom facilities, as defined in Section 17958.1 of the Health and Safety Code.

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

(2) "Junior accessory dwelling unit (JADU)"

means a unit that is no more than 500 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 150 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:

  • (i) A cooking facility with appliances.

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

• (c) A JADU unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

The JADU size and design requirements shall be recorded through a deed restriction that shall run with the land and be filed with the city.

(Formerly 14.10.320; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017; Ord. 428 § 3 (Exh. I), 2022)

"Single-family attached dwelling"

means two dwelling units, each owned in fee and located on individual lots but joined along a single lot line, each of which is totally separated from the other by an unpierced wall extending from ground to roof.

(Formerly 14.10.330; Ord. 320 § 1, 1999)

"Single-family detached dwelling"

means one dwelling unit owned in fee and located on an individual lot which is not attached to any other dwelling unit by any means.

(Formerly 14.10.340; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Triplex"

means a structure on a single lot containing three dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. Each triplex unit shall have an entry way (front door) visible and directly accessible from the street fronting the parcel.

(Ord. 409 § 3, 2017)

"Easement"

means a space on a lot or parcel of land and so indicated on a subdivision map or in a deed restriction, reserved for and/or used for public utilities and/or public uses. (Formerly 14.10.360; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"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 household may be denied emergency shelter because of an inability to pay. (See also "Transitional housing.") (Formerly 14.10.365; Ord. 400 § 2, 2014; Ord. 409 § 3, 2017)

"Family"

means an individual or a group of two or more persons related by blood, marriage or adoption, together with not more than five additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit.

(Formerly 14.10.370; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Farmers market"

means 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.

(Ord. 409 § 3, 2017)

"Feed yard"

means a confined area wherein a large number of pigs, cattle or other livestock are kept with limited space per animal, to prepare such animals for market, where 60 percent or more of the feed for such animals is imported. "Feed yard" includes "feed lot."

(Formerly 14.10.380; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Fence"

means a wall or barrier, typically constructed of wood, for the purpose of enclosing space, separating parcels of land and/or providing privacy.

(Formerly 14.10.390; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Flea market"

means an outdoor market or sale featuring temporary individual stalls or concessions set up for the purpose of selling used items such as clothing, furniture and merchandise. "Flea market" includes "swap meets."

(Formerly 14.10.400; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Garage"

means a building or portion of a main building, enclosed on all sides, designed for the shelter or storage of automobiles.

(Formerly 14.10.410; Ord. 320 § 1, 1999; Ord. 376, 2007; Ord. 409 § 3, 2017)

"Commercial garage"

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

(Formerly 14.10.420; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Grade"

means the average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the grade shall be measured at the sidewalk.

(Formerly 14.10.430; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Guesthouse"

means a detached accessory building intended for occupancy by guests without compensation of any kind as a condition of occupancy and used as sleeping quarters only, without cooking facilities.

(Formerly 14.10.440; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Highway"

means any street designated and maintained as part of the State of California Highway System. (Formerly 14.10.450; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Major home occupation"

means any use carried on within a dwelling by the inhabitants thereof, and which use:

• (1) Is confined completely within a legal structure and occupies not more than 30 percent of the floor space of a dwelling or shall be wholly contained within a legal and conforming accessory structure;

• (2) Involves handling of merchandise either produced on the premises or directly related to and incidental to the services offered;

• (3) Is carried on by the members of the family occupying the dwelling and up to one other person not residing on the premises;

• (4) Produces no evidence of its existence, other than a single sign not measuring more than four square feet which is not illuminated, upon or beyond the premises such as external alteration creating nonresidential or unsightly appearance of a structure, noise, smoke, odors, vibrations, etc.

(Formerly 14.10.460; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Minor home occupation"

means any use carried on within a dwelling by the inhabitants thereof, and which use:

• (1) Is confined completely within a legal residence and occupies not more than 20 percent of the habitable floor space of the residence;

• (2) Involves no sales of merchandise from the residence and is typically limited to businesses involved only in paperwork, including computer usage;

• (3) Is carried on by the members of the family occupying the dwelling with no other persons employed;

(4) Produces no evidence of its existence upon or beyond the premises. (Formerly 14.10.470; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Hospital"

means any institution, place, building, or clinic which maintains and operates organized facilities for the diagnosis, care or treatment of human illness, including convalescence for overnight stay or longer.

(Formerly 14.10.480; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Hotel"

means a building containing six or more bedrooms where overnight lodging without individual cooking facilities is offered to the public for compensation, for the accommodation of transient guests. "Hotel" is not a motel or dormitory.

(Formerly 14.10.490; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Junkyard"

means any area of 200 square feet or more used for the storage or sale of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. This definition includes "wrecking yards" and "salvage yards." (Formerly 14.10.500; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Kennel"

means any lot, building, structure, enclosure or premises wherein boarding and care services are provided for dogs, cats or similar small animals for more than five days in any calendar year. Typical uses include pet clinics, veterinary hospitals, boarding kennels and dog training facilities. (Formerly 14.10.510; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Landscaping"

means the improvement of any real property through the use of shrubs, hedges, trees, grass or other plants, decorative or functional fences, railings, statues, curbs, and similar structures to enhance the appearance of the property, reduce soil erosion, or provide screening for light and sound.

(Formerly 14.10.520; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Livestock"

means animals including but not limited to horses, goats, sheep, cattle and swine. (Formerly 14.10.530; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Live/work units"

means buildings or spaces within buildings that are used jointly for commercial and residential purposes.

(Ord. 409 § 3, 2017)

"Loading area"

means that portion of a lot in any commercial or industrial district which is used for the moving, loading or handling of equipment or materials being moved to or from the use occupying the lot. (Formerly 14.10.540; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Lot"

means any lettered or numbered parcel shown on a recorded tract map, a record of survey pursuant to an approved division of land, or a parcel map. (Formerly 14.10.550; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Corner lot"

means a lot located and being at the junction to two or more intersecting streets with a boundary line thereof bordering on each of such streets and where such streets intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees the lot is considered an interior lot. The shortest such street frontage shall constitute the front of a rectangular lot for purposes of determining front, side and rear yards. Where the front of a lot differs by the reason of the prevailing custom of the other buildings on the block, the planning director may determine the front lot line consistent with the orientation of other structures in the area.

(Formerly 14.10.560; Ord. 320 § 1, 1999; Ord. 351 § 1, 2005; Ord. 409 § 3, 2017)

"Flag lot"

means a lot having its buildable area removed from a public street and being connected to the street by means of a narrow extension or access strip.

(Formerly 14.10.570; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Key lot"

means the first interior lot to the rear of a reversed corner lot or a lot that differs from an adjacent lot by building orientation.

(Formerly 14.10.575; Ord. 383, 2009; Ord. 409 § 3, 2017)

"Substandard lot"

means a lot of record which does not comply with the current applicable requirements for minimum area, width, depth, and access for the district in which it is located, but which complied with the applicable requirements when it was placed on record.

(Formerly 14.10.580; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Lot area"

means the total area within the property lines of a parcel of land. (Formerly 14.10.590; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Usable lot area"

means that portion of a lot which is available to the property for typical uses. Portions of a lot which are subject to easements are separated by fences or other barriers or are unavailable for typical parcel uses shall not be included in determining usable lot area.

(Formerly 14.10.600; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Lot coverage"

means the amount of lot area occupied by primary and accessory buildings. (Formerly 14.10.610; Ord. 320 § 1, 1999; Ord. 377, 2007; Ord. 409 § 3, 2017)

"Lot line"

means a line marking the boundary of a lot. (Formerly 14.10.620; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Front lot line"

means the property line dividing the lot from the street. On a corner lot, only one street line shall be considered as a front line, and the shorter street frontage shall generally be considered the front line. For lots with more than one street frontage, the line which the entry of the primary structure faces shall be considered the front line.

(Formerly 14.10.630; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Rear lot line"

means the lot line opposite and most distant from the front line. (Formerly 14.10.640; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Side lot line"

means a lot line other than a front lot line which meets the end of a front lot line or meets the end of any other lot line which is within 30 degrees of being parallel to such a front lot line.

(Formerly 14.10.650; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Lot width"

means the distance between side lot lines, as measured at the front setback line. For a corner lot, "lot width" means the average lot dimension perpendicular to the longest street frontage. (Formerly 14.10.660; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Manufactured home"

means a structure intended for permanent human habitation which is constructed in a location other than the site where it is to be occupied. Manufactured homes are designed so as to be installed on a permanent foundation and contain independent living facilities (kitchen and bathroom).

(Formerly 14.10.670; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Medical marijuana dispensary"

means a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale.

"Medical marijuana delivery"

means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined by the bureau to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code, or a testing laboratory. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed, that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products.

(Formerly 14.10.675; Ord. 384, 2009; Ord. 407 § 6, 2016; Ord. 409 § 3, 2017)

"Mixed use development"

means the development of a tract of land or building or structure with two or more different uses such as, but not limited to, residential, office, retail, public or entertainment.

(Formerly 14.10.680; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Mobile home park"

means an area or tract of land where two or more spaces are rented, leased or held out for rent or lease to accommodate manufactured homes.

(Formerly 14.10.690; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Motel"

means a building or group of buildings containing sleeping accommodations independently accessible from the outside where overnight lodging is offered to the public for compensation, primarily for the accommodation of automobile travelers.

(Formerly 14.10.700; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Nonconforming structure"

means a building, structure or sign, the physical configuration of which was lawful prior to the adoption, revision or amendment of this title, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the applicable zoning district or districts.

(Formerly 14.10.710; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Nonconforming use"

means a use which was lawful prior to the adoption, revision or amendment of this title, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the applicable zoning district or districts.

(Formerly 14.10.720; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Nuisance"

means a circumstance or condition which results in the unreasonable discomfort of a person or persons within the city. Nuisance conditions include, but are not limited to, circumstances which infringe on the reasonable quality of life for a neighbor or neighborhood, or create health and safety hazards.

(Formerly 14.10.730; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Owner"

means the title holder of record for a particular property or premises. (Formerly 14.10.740; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

See "lot." (Formerly 14.10.750; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Parking lot"

means a permanently surfaced area either within a structure or in the open for the parking of motor vehicles either for a fee or free of charge, either publicly or privately owned. (Formerly 14.10.760; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Parking space"

means a permanently surfaced area of adequate size to park a typical full size motor vehicle, excluding driveways or access drives.

(Formerly 14.10.770; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

Establishments providing nonmedical related services, including massage therapy (nonsexual), body piercing, tattooing, tanning salons, electrolysis, and psychic readers. These uses may also include accessory retail sales of products related to the services provided. Massage therapy establishments are allowed by practitioners holding current certification by the California Massage Therapy Council (CAMTC). (See also BMC § 14.300.030 , Commercial use table.) (Ord. 430 § 3 (Exh. I), 2023)

"Poultry"

means domestic fowl, including chickens, ducks, geese, turkeys, emus, etc. (Formerly 14.10.780; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Principal use"

means the primary or predominant use of any lot. (Formerly 14.10.790; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Public agency"

means any taxing agency, government, district, municipality or subordinate division thereof. (Formerly 14.10.800; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Reasonable accommodations"

means a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) to request reasonable accommodation in the application of the city's land use regulations and to establish relevant criteria to be used when considering such requests. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the site, development, and use of housing-related facilities (such as wheelchair-accessible ramps or lifts) that would eliminate regulatory barriers and provide a person with a disability

equal opportunity to housing of their choice. (See also Development Standards – General, BMC § 14.110.045 , Accommodations for persons with disabilities.) (Ord. 428 § 3 (Exh. I), 2022)

"Recreational vehicle"

means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for temporary human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

• (1) It contains independent living facilities (kitchen and bathroom);

• (2) It is built on a single chassis;

• (3) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit;

• (4) It is less than 40 feet in length.

"Recreational vehicle"

does not include trailer-mounted collapsible tents. (Formerly 14.10.810; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Recreational vehicle park"

means an area or tract of land where one or more spaces are rented or held out for rent to owners or users of recreational vehicles or tents and which is occupied for 60 consecutive days or less.

(Formerly 14.10.820; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

• (1) Recycling Facility. A "recycling facility" is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.

• (2) Collection Facility. A "collection facility" is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Collection facilities may include the following:

  • (a) Reverse vending machine(s);

  • (b) Small collection facilities which occupy an area of not more than 500 square feet, and may include:

    • (i) A mobile unit,

    • (ii) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 80 square feet,

    • (iii) Kiosk type units which may include permanent structures,

    • (iv) Unattended containers placed for the donation of recyclable materials;

  • (c) Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.

• (3) Processing Facility. A "processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of materials for efficient shipment, or to an end user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

(Formerly 14.10.830; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Residential care home – large"

means a building or structure designed, intended or used as a residence for eight or more individuals who require any form of institutional care or supervision where such care or supervision is maintained on the premises during a 24-hour day. "Institutional residence" includes such uses as rest homes, foster homes, orphanages, residential facilities for the blind, handicapped and mentally ill, maternity homes and homes for juvenile court commitments. (Formerly 14.10.840; Ord. 320 § 1, 1999; Ord. 400 § 1, 2014; Ord. 409 § 3, 2017; Ord. 428 § 3 (Exh. I), 2022)

"Residential care home – small"

means a building or structure designed, intended or used as a residence for seven or less individuals who require any form of institutional care or supervision where such care or supervision is maintained on the premises during a 24-hour day. "Institutional residence" includes such uses as rest homes, foster homes, orphanages, residential facilities for the blind, handicapped and mentally ill, maternity homes and homes for juvenile court commitments. (Formerly 14.10.845; Ord. 400 § 2, 2014; Ord. 409 § 3, 2017; Ord. 428 § 3 (Exh. I), 2022)

"Roadside stand"

means a structure designed or used for the display or sale of agricultural products produced on the premises upon which a stand is located.

(Formerly 14.10.850; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Service station"

means a retail business establishment supplying gasoline, oil and other minor accessories and services for automobiles.

(Formerly 14.10.860; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Setback"

means the required distance between the foundation of a building, a structure or required parking area and any lot line.

(Formerly 14.10.870; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Short-term rental"

means a "transient occupancy," as defined in BMC § 14.20.990 , and includes, but is not necessarily limited to, a "hotel," as defined in BMC § 14.20.490 , as well as any rental of a living unit, or portion of a living unit, for a term shorter than a month-to-month tenancy. (Ord. 409 § 3, 2017)

"Sight distance area"

refers to the area adjacent to road intersections through which visibility must be maintained for safe operation of motor vehicles. Vertically, the sight distance area is located between three feet and 10 feet above the centerline of adjacent roads. The boundary of the sight distance area is a generally triangular zone formed by the right-of-way lines of intersecting streets and a line drawn between points on the right-of-way lines located 30 feet from the intersection of the rightof-way lines.

(Formerly 14.10.880; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Sign"

means any structure upon which is displayed any letters, figures, design, symbol, trademark, statuary or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine, price, service or merchandise and painted, printed, or constructed and displayed for outdoor advertising purposes.

(Formerly 14.10.890; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Off-premises sign"

means any sign advertising a service or product not available at or provided from the parcel on which the sign is located.

(Formerly 14.10.900; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Single-room occupancy (SRO) housing"

means a compact dwelling unit with limited cooking and living facilities designed primarily for one individual and within a multiple-unit structure.

(Formerly 14.10.905; Ord. 400 § 2, 2014; Ord. 409 § 3, 2017)

"Large solar energy system"

means a utility-scale solar energy conversion system consisting of many ground-mounted solar arrays in rows, and associated control or conversion electronics, which have a rated capacity of over five and less than 20 megawatts (MW), occupying no more than 120 acres of land, and that will be used to produce utility power to off-site customers.

(Ord. 409 § 3, 2017)

"Medium solar energy system"

means a utility-scale solar energy conversion system consisting of many ground-mounted solar arrays in rows or roof-panels, and associated control or conversion electronics, which have a rated capacity of over one-half and up to five megawatts (MW), occupying no more than 30 acres of land, and that will be used to produce utility power to on-site uses and off-site customers.

(Ord. 409 § 3, 2017)

"Small solar energy system"

means a single residential or small business-scale solar energy conversion system consisting of roof mounted panels only and associated control or conversion electronics, which have a rated capacity of up to one-half megawatts (MW), occupying no more than two and one-half acres of land, and that will be used to produce utility power primarily to on-site users or customers. (Ord. 409 § 3, 2017)

"Very large solar energy system"

means utility-scale solar energy conversion system consisting of many ground-mounted solar arrays in rows, and associated control or conversion electronics, which have a rated capacity of 20 megawatts (MW) or greater, occupying more than 120 acres of land, and that will be used to produce utility power to off-site customers.

(Ord. 409 § 3, 2017)

"Commercial stable"

means a stable for horses to be let, hired or used on a commercial basis. (Formerly 14.10.910; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Private stable"

means a stable for horses to be used by the owners thereof. (Formerly 14.10.920; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Stable, semiprivate"

means uses permitted under stable, private, but also permits a facility where horses may be boarded on the property. Lessons and/or training of owned and nonowned horses is permitted. Clinics, public sales or similar events are permitted no more than once in a 12-month period, with no more than 50 individuals in attendance. Facility use for a fee and the hiring of horses is not permitted. Equine density limited to no more than three head per acre. (Ord. 409 § 3, 2017)

"Start of construction"

means the first placement of permanent construction on a site, such as the pouring of concrete slabs or footings, or any site preparation work, including, but not limited to, leveling and grading. (Formerly 14.10.930; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Story"

means that portion of a building included between the surface of any floor and the surface of the floor next above, except that the topmost story shall be that portion of a building included between the surface of the topmost floor and the ceiling or roof above. (Formerly 14.10.940; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Street"

means a public or private thoroughfare which serves as the principal means of vehicular access to abutting property. "Street" includes an avenue, place, way, boulevard, highway, road and any other thoroughfare traversable by motor vehicles except an alley. (Formerly 14.10.950; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Structure"

means anything constructed or erected upon the ground or attached to a structure having location on the ground, including signs and billboards, but not including fences or walls less than six feet in height.

(Formerly 14.10.960; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Structural alteration"

means any change in the supporting members of a building, such as bearing walls, beams or girders, columns, floor joists, ceiling joists or roof rafters. (Formerly 14.10.970; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Supportive housing"

means housing with no limit on length of stay, that is occupied by the target population, including low-income persons with mental disabilities, AIDS, substance abuse or chronic health conditions, or persons whose disabilities originated before the age of 18, and that is linked to on-site or off-site 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.

(Formerly 14.10.975; Ord. 400 § 2, 2014; Ord. 409 § 3, 2017; Ord. 428 § 3 (Exh. I), 2022)

"Temporary structure"

means a structure which is permitted within a land use district without any foundation or footing and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

(Formerly 14.10.980; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Temporary use"

means a use permitted within a land use district and established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

(Formerly 14.10.990; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Transient occupancy"

means paying guests occupying a dwelling unit for periods of less than 30 days. (Ord. 409 § 3, 2017)

"Transitional housing"

means rental housing for stays of at least six months but where the units are recirculated to another program recipient after a set period. The housing may be designated for a homeless individual or family transitioning to permanent housing. The housing may take many structural forms such as group housing and multifamily units and may include supportive services to allow individuals to gain necessary life skills in support of independent living.

(Formerly 14.10.995; Ord. 400 § 2, 2014; Ord. 409 § 3, 2017; Ord. 428 § 3 (Exh. I), 2022)

"Public use"

means a use operated exclusively by a governmental agency having the purpose of serving the public, including such uses as schools, parks, playgrounds, hospitals, and administrative and service facilities operated by such agencies.

(Formerly 14.10.1000; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Quasi-public use"

means a use operated by a private nonprofit educational, religious, recreational, charitable, fraternal, or medical institution, association or organization having the purpose primarily of serving the general public, and including, but not limited to, such uses as churches, private schools, universities, community centers, recreational facilities, meeting halls and hospitals. (Formerly 14.10.1010; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Variance"

is an exception to the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconforming uses in the zoning district or uses in an adjoining zoning district.

(Formerly 14.10.1020; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Yard"

means land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building site.

(Formerly 14.10.1030; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Front yard"

means a yard extending across the full width of the lot measured between the street line, or the lot line connected to a street by legal access and the nearest line of the main building or enclosed or covered porch. The front yard of a corner lot is the yard adjacent to the shorter street frontage.

(Formerly 14.10.1040; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Rear yard"

means a yard extending between the side yards of the lot. Rear yard depth is 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.

(Formerly 14.10.1050; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

For the purposes of implementing BMC § 14.110.040 , "rear yard area" means the total area of the rear yard, including side yard areas, located 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. (Formerly 14.10.1055; Ord. 401 § 1, 2014; Ord. 409 § 3, 2017)

"Side yard"

means a yard on either side of a lot extending from the front yard to the rear lot line, the width of each yard being measured between the side line of the lot, and the nearest part of the main building or enclosed porch. For corner lots, a side yard adjacent to a street is a "street side yard."

(Formerly 14.10.1060; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017; Ord. 428 § 3 (Exh. I), 2022)

"Yard sale"

means a sale of personal property which is held at the residence of the individual offering items for sale and is conducted entirely on private property. See BMC § 14.110.170 for yard sale restrictions.

(Formerly 14.10.1070; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)

"Zone"

means a zoning district. (Formerly 14.10.1080; Ord. 320 § 1, 1999; Ord. 409 § 3, 2017)