Calaveras County Municipal Code § 17.43.220 "V" Terms

Sections:

The following terms shall have the following meanings when used in this zoning code.

A. Abutting. Having a common boundary.

B. Access. The place or way through which pedestrians and/or vehicles have safe, adequate, and usable ingress and egress to a property or use.

C. Accessory Building. See "Building, Accessory".

D. Accessory Structure. See "Structure, Accessory".

E. Accessory Use. See "Use, Accessory".

F. Adjacent. Directly abutting, having a common boundary or property line, or contiguous to.

G. Adjoining. See "Abutting".

H. administrative use permit. A land use permit issued in a zone for uses that are consistent with the goals, objectives, and policies of the general plan and purposes of the zone where they are proposed and are generally limited in potential impacts, but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses. See Chapter 17.30, administrative use permits.

I. Agent or Authorized Agent. Any person who can show certified written proof that they are representing and acting in the place of another person or individual.

J. Aggrieved Person. Any person who, in person or through a representative, appeared at a county public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either and whose position has not been adopted by the reviewing body. This definition is not intended to and does not confer standing to maintain an action in a court of law where standing would not otherwise exist.

K. Agricultural Equipment or Machinery. Any tool, implement, piece of equipment or machinery that serves a function within an agricultural operation.

L. Alley. A public or private way, other than a street, which is designated as an alley by the county, reserved primarily for secondary vehicular access to abutting lots.

M. Allowed Use. A use of land identified as a use permitted or conditionally permitted.

N. Alteration. Any change, addition, or modification that changes a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

O. Applicant. The person, partnership, corporation, or state or local government agency applying for a permit, certificate, zoning approval, or other entitlement.

P. Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

Q. Assessor. The Tax Assessor of the county of Calaveras.

R. Attached Building or Structure. See "Building, Attached" and "Structure, Attached".

S. Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

A. Basement. The portion of building between the floor and ceiling which has more than fifty percent below the natural or finished grade of the exterior ground surface.

B. Bedroom. Any room meeting the standards of the Building Code as a sleeping room.

C. Block. All property fronting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, undivided land or watercourse.

D. Board of Supervisors. The board of supervisors of Calaveras County.

E. Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features.

F. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals or property of any kind.

1. Building, Accessory. A detached, subordinate building used only as incidental to the main building or structure, or principal use on the same lot.

2. Building, Attached. A building which has a four or more linear feet of common wall or roof with another building or structure that is four feet in length or more.

3. Building, Detached. A building which does not have a common wall or roof with another building or structure or whose common wall or roof with another building is less than four feet in length.

4. Building, Main. A building in which a principal use of the parcel on which it is located is conducted.

5. Building, Nonconforming. A building, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the adoption of or amendment to the zoning code, no longer conforms with the standards and requirements of the zoning code.

G. Building Code. Any ordinance or regulations of the county governing the type and method of construction of buildings and structures, including sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code and other State-adopted uniform codes.

H. Building Face. The general outer surface of the structure or walls of a building.

I. Building Footprint. See "Footprint".

J. Building Frontage. See "Frontage, Building".

K. Building Height. See "Height".

L. Building Site. A lot or parcel of land occupied or to be occupied by a building or group of buildings.

A. California Environmental Quality Act (CEQA). Public Resources Code §§21000, et seq. or any successor statute and regulations promulgated thereto (14 California Code of Regulations §§15000, et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

B. Camper. As defined in the California Vehicle Code.

C. Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

D. Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

E. Centerline. The line located equidistant from the edges of an easement or right-of-way. Centerline of a road right-of-way or easement does not mean the center of the physical location of the road.

F. Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

G. Commission. See "planning commission".

H. Common Area. A parcel or parcels that are part of a subdivision which are retained in the common ownership of the property owners of the subdivisions for common use or development. Common area parcels may not be separately sold or developed for other than common use.

I. Compatible. That which is harmonious with and will not adversely affect buildings and/or uses in the surrounding area.

J. Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for county approval.

K. Conditional Use. A use that is generally compatible with other permitted uses, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that location.

L. Conditionally Permitted. Permitted subject to approval of a Use Permit.

M. Conditional Use Permit. A land use permit issued in a zone for uses which have the potential to be incompatible with neighboring land uses and zoning and are to be permitted following a public hearing in which interested parties have the opportunity to comment. See Chapter 17.31, conditional use permits.

N. Condominium. As defined in the Business and Professions Code. In general, it is a multiple-unit residential land use in which the interior air space of each dwelling unit is individually owned. The exterior walls, structures and common area are held by a corporation made up of the condominium owners. It is a system of separate ownership of individual units in a multiple-unit building.

O. Construction. The physical development of a parcel, including site excavation and grading, framing and finishing, up to the point of final inspection, use or occupancy, whichever occurs first.

P. county. The county of Calaveras.

A. Deck. A platform, either freestanding or attached to a building that is supported by walls, pillars or posts.

B. Density. The number of dwelling units per acre of land.

C. Detached Building. "See Building, Detached".

D. Detached Structure. "See Structure, Detached".

E. Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

F. Development Agreement. An agreement between the county and any person having a legal or equitable interest in real property for the development of such property, and which complies with the applicable provisions of the Government Code for such development agreements. See Chapter 17.37, development agreements.

G. Director. The Planning Director of Calaveras County or their designee.

H. District. See "zoning district".

I. Driveway. An accessway that provides direct vehicular access for vehicles between a street and the parking or loading facilities located on an adjacent property.

J. Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

A. Easement. Any legal right defined as an easement in the California Code of Civil Procedure, Section 800 et seq. Generally, an easement is the right, privilege or interest which one party has in the land of another.

B. Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

C. Electrical Code. The California Electrical Code and any local code regulating the alteration, repair, and the installation and use of electricity or electrical fixtures.

D. Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

E. Emergency Vehicle. A self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately-owned public utilities responsible for fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.

F. Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act (CEQA).

G. Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

H. Equipment. Non-vehicular items such as, but not limited to, boats, campers, camper shells, tents and related camping supplies, tools, machinery, aircraft, barrels, drums, large cans or containers and parts related to these items.

I. Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface. Such term also includes the painting of wall signs.

J. Explosives. Any explosive substance as defined in Cal. Health & Safety Code §12000.

A. Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

B. Family. One or more persons living together in a single household unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities, and who maintain a single mortgage, lease, or rental agreement for all members of the household.

C. Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

D. Fence. Any horizontal or vertical structural device forming a physical barrier intended to enclose areas, separate properties, form a screen, or prevent intrusion.

E. Floor Area. The total horizontal area of all floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section 17.02.030.F, Determining Floor Area.

F. Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area or building site area. See also Section 17.02.030.G, Determining Floor Area Ratio.

G. Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

H. Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves.

I. Freeway. A multilane State or Interstate highway for through traffic with full control of access and with grade separations at all intersections and railroad crossings, and to which highway the owners of abutting lands have no right of easement or access to or from their abutting lands.

J. Frontage, Building. The face of a building that is parallel to or is at a near parallel angle to a street.

K. Frontage, Street. That portion of a lot or parcel of land that borders a street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the street, highway, or parkway.

A. Garage. An accessory structure or portion of a main structure, enclosed on all sides and containing accessible and usable enclosed space designed, constructed, and maintained for the parking and storage of one or more motor vehicles.

B. General Plan. The general plan of Calaveras County.

C. Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

D. Government Code. The Government Code of the state of California.

E. Grade. The location of the ground surface.

1. Grade, Existing or Natural. Ground elevation prior to any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

2. Grade, Finished. Final ground elevation after the completion of any grading or other site preparation related to, or to be incorporated into, a proposed development or alteration of an existing development.

F. Grading. Any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.

G. Ground Floor. The first floor of a building other than a basement that is closest to finished grade.

A. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

B. Heat. Thermal energy of a radiant, conductive, or convective nature.

C. Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Section 17.02.030.C, Measuring Height.

D. Household. See "Family."

A. Illegal Use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

B. Improvement. An object affixed to the ground other than a structure.

C. Impervious Surface. Impervious surfaces are mainly artificial structures—such as pavements (roads, sidewalks, driveways and parking lots, as well as industrial areas such as airports, ports and logistics and distribution centers) that are covered by impenetrable materials such as asphalt, concrete, brick, stone, etc.

D. Incidental Use. See "Use, Incidental".

E. Intensity of Use. The extent to which a use or the use in combination with other uses affects the natural and/or built environment in which it is located; the demand for services; and persons who live, work, and visit the area. Measures of intensity include, without limitation: requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light, or glare generated; the number of persons attracted to the site, or in eating establishments, the number of seats.

F. Intersection, Street. The area common to two or more intersecting streets.

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

A. Kelvin. Kelvin is used in lighting to measure the color temperature of a light bulb. In short, the higher the Kelvin rating (expressed in K), the whiter the light will be.

B. Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.

A. Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

B. Landscaping. The planting, configuration, and maintenance of trees, ground cover, shrubbery, and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth-patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

C. Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

1. Full Cutoff. A light fixture constructed and mounted such that the luminous intensity (in candelas) at or above an angle of 90° above nadir is zero, and the luminous intensity (in candelas) at or above a vertical angle of 80° above nadir does not numerically exceed ten percent of the luminous flux (in lumens) of the lamp or lamps in the lighting fixture.

[Figure: FIGURE 17.43.120.C.1: FULL CUTOFF LIGHT FIXTURE]

FIGURE 17.43.120.C.1: FULL CUTOFF LIGHT FIXTURE

2. Fully Shielded. A light fixture constructed and mounted such that the luminous intensity (in candelas) at or above an angle of 90° above nadir is zero.

[Figure: FIGURE 17.43.120.C.2: FULLY SHIELDED LIGHT FIXTURE]

FIGURE 17.43.120.C.2: FULLY SHIELDED LIGHT FIXTURE

3. Partially Shielded. A light fixture constructed and mounted such that most light emitted by the fixture is projected below the horizontal. A partially shielded light fixture may allow some light to pass through a semi-translucent barrier, and/or may allow visibility of the lamp from certain perspectives.

[Figure: FIGURE 17.43.120.C.3: PARTIALLY SHIELDED LIGHT FIXTURE]

FIGURE 17.43.120.C.3: PARTIALLY SHIELDED LIGHT FIXTURE

4. Unshielded. A light fixture that allows light to be emitted above the horizontal direction from the lowest point of the bulb within the fixture.

[Figure: FIGURE 17.43.120.C.4: UNSHIELDED LIGHT FIXTURE]

FIGURE 17.43.120.C.4: UNSHIELDED LIGHT FIXTURE

D. Living Area. The legally permitted interior area of a dwelling unit, with the exception of a garage or any accessory structure, including basements and attics which meet the habitability requirements of the building code.

E. LED. LED stands for light emitting diode. LED lighting products produce light up to ninety percent more efficiently than incandescent light bulbs. An electrical current passes through a microchip, which illuminates the tiny light sources we call LEDs and the result is visible light.

F. Lumen. A unit of light quantity equal to the light on a unit surface all points of which are at a unit distance from a point source of light having a strength of one candle.

G. Luminaire. A fixture with an integrated light source, usually LED.

H. Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or recorded map, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

1. Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

2. Corner Lot. A lot or parcel bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five degrees.

3. Double Frontage Lot. See "Through Lot".

4. Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet of width.

5. Interior Lot. A lot other than a corner lot.

6. Through Lot. A lot having frontage on two parallel or approximately parallel streets.

[Figure: FIGURE 17.43.120.H: LOT TYPES]

FIGURE 17.43.120.H: LOT TYPES

I. Lot Area. The area of a lot enclosed by bounding lot lines, measured horizontally.

J. Lot Depth. The horizontal distance between the front and rear property lines of a site. See also Section 17.02.030.D, Measuring Lot Width and Depth.

K. Lot Frontage. See "Frontage, Street."

L. Lot Line. The boundary between a lot and other property or the public right-of-way.

1. Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

2. Corner Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

3. Interior Lot Line. Any lot line that is not adjacent to a street.

4. Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.

5. Side Lot Line. Any lot line that is not a front or rear lot line.

[Figure]

[Figure: FIGURE 17.43.120.L: LOT LINE TYPES]

FIGURE 17.43.120.L: LOT LINE TYPES

M. Lot, Nonconforming. A legal parcel of land having less area, frontage, or dimensions than required by the zoning code.

N. Lot Width. The average distance between the side lot lines measured at right angles to the lot depth. See also Section 17.02.030.D, Measuring Lot Width and Depth. When not applicable due to irregularity of lot shape, lot width shall be determined by the director.

A. Maintenance and Repair. The repair or replacement of walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.

B. Mills Act. The historic property incentive program established pursuant to California Government Code Section 50280.1 et seq. and Revenue and Taxation Code Section 439 et seq. to provide local property tax reductions for the maintenance, rehabilitation, and/or remodel of qualifying structures, buildings, objects, sites, or districts consistent with the Secretary of the Interior's standards and guidelines.

C. Mobile Home. A structure transportable in one or more sections, and which is built on a permanent chassis, and designed to be used as a dwelling unit.

D. Municipal Code. The Calaveras County Municipal Code.

(Ord. No. 3213, § 2, 1-14-2025)

A. Noise. Any sound.

B. Nonconforming Building. See "Building, Nonconforming".

C. Nonconforming Lot. See "Lot, Nonconforming".

D. Nonconforming Structure. See "Structure, Nonconforming".

E. Nonconforming Sign. See "Sign Terms", "Nonconforming Sign".

F. Nonconforming Use. See "Use, Nonconforming".

A. Off-Site. An improvement or other reference concerning a proposed project or subject property which is not located on the parcel under discussion.

B. On-Site. An improvement or other reference located on-site concerning the subject property under discussion.

C. Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than seventy-two hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the county.

D. Owner. A person or persons holding single or unified beneficial title to the property, including without limitation, the settlor of a grantor trust, a general partner, firm, or corporation.

A. Parapet. That part of a wall that extends above the roof line.

B. Parcel. A described area of land within an ownership. Parcel may also mean a parcel established for tax purposes, sometimes called an "assessor parcel."

C. Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

D. Passenger Vehicle. As defined in the California Vehicle Code.

E. Permit. A property development approval or temporary use permit issued by the county. Permits include variances, use permits, planned development permits, mining permits, reclamation plans, encroachment permits, septic system permits or building permits, as well as any other development permits issued by the county.

F. Permitted Use. See "Use, Permitted".

G. Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

H. Planning Commission. The planning commission of Calaveras County.

I. planning department. The planning department of Calaveras County.

J. planning director. The planning director of Calaveras County or their designee.

K. Pre-existing. In existence prior to the effective date of this zoning code.

L. Principal Use. See "Use, Principal".

M. Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure that is subject to the provisions of this zoning code. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

N. Property Line. The recorded boundary of a lot or parcel of land.

O. Public Agency. A political subdivision, federal, state or local government or its departments, or governmental jurisdictions or districts.

P. Public Resources Code. The Public Resources Code of the state of California.

Q. Public Works Director. The public works director of Calaveras County.

A. Qualified Applicant. The property owner, the owner's agent, or any person, corporation, partnership, or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land, or otherwise has an enforceable proprietary interest in such land.

A. Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the county's zoning and land use laws, rules, policies, practices and/or procedures under provisions of federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

B. Recreational Vehicle. A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy.

C. Review Authority. Body or entity responsible for making decisions on applications.

D. Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

E. Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.

A. Scenic Highway. A road identified as a State scenic highway.

B. Senior Citizen. An individual sixty-two years of age or older.

C. Setback. The distance between a property line and a building or structure that must be kept unoccupied and unobstructed from the ground upward, except as otherwise provided by this zoning code.

1. Front Setback. A setback area extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front setback shall be a distance specified by this zoning code for the zoning district in which it is located and measured inward from the front lot line.

2. Interior Setback. A setback which does not abut a street.

3. Interior Side Setback. A setback area extending from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site and which does not abut a street.

4. Rear Setback. A setback area extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this zoning code for the zoning district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.

5. Required Setback. A setback area which complies with the minimum setback requirements for the zoning district in which the lot is located.

6. Side Setback. A setback area extending from the rear line of the required front setback, or the front property line of the site where no front setback is required, to the front line of the required rear setback, or the rear property line of the site where no rear setback is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

7. Street Side Setback. A setback area on a corner lot extending from the front setback to the rear lot line between the building setback line and the nearest side street lot line.

[Figure: FIGURE 17.43.190.B: SETBACK TYPES]

FIGURE 17.43.190.B: SETBACK TYPES

D. Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

E. Sign Terms.

1. Animated Sign. A sign with messages that visually change, or images that move or appear to move, flash on or off, wink or blink with varying light intensity, show motion or create the illusion of motion, or revolve to create an illusion of being on or off.

2. Awning Sign. A sign placed on an awning.

[Figure: FIGURE 17.43.190.D.2: AWNING SIGN]

FIGURE 17.43.190.D.2: AWNING SIGN

3. Balloon. Any air or gas-filled device used for the purposes of signage or advertising.

4. Banner Sign. A sign that is painted or printed on lightweight flexible material and hung from a staff or other device by ropes, wires or similar means in a manner to minimize movement.

5. Billboard. An outdoor sign advertising, promoting or informing of a business, product, issue or activity which takes place or is available at a location other than the location of the billboard.

6. Canopy Sign. A sign placed on a canopy.

[Figure: FIGURE 17.43.190.D.6: CANOPY SIGN]

FIGURE 17.43.190.D.6: CANOPY SIGN

7. Commercial Message. A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.

8. Copy. Also called "sign copy." The visually communicative elements mounted on a sign.

9. Digital Display. A method of displaying a communicative visual image by use of LEDs (light emitting diodes) or their functional equivalent, that allows for the message or image to be easily changed, typically by remote control or computer programming. This definition applies to signs displaying a series of still images, as well as those presenting the appearance of motion.

10. Directional Sign. A sign promoting a visitor-oriented use, attraction or place pursuant to Section 17.24.100.C, Directional Signs.

11. Electronic Message Center Sign. A sign with a static message formed by the selective illumination of an array of light bulbs, light emitting diodes (LEDs), or liquid crystal displays (LCDs) that can be changed electronically. These signs may display text and/or graphic images, and may be programmable.

12. Flag. Any fabric or banner containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

13. Freestanding Sign. A sign supported by structures or supports that are placed on or anchored in the ground, and which are structurally independent from any building, including "monument signs", "pole signs", and "ground signs".

[Figure: FIGURE 17.43.190.D.13: FREESTANDING SIGN]

FIGURE 17.43.190.D.13: FREESTANDING SIGN

14. General Advertising for Hire. The advertising or promoting of other businesses, establishments or causes using methods of advertising, typically for a fee or other consideration, in contrast to self-promotion or on-site advertising.

15. Graffiti. Marks, such as inscriptions, drawings, or designs, which are placed, scratched, etched, painted, or sprayed on public or private property without the owner's consent.

16. Inflatable Sign. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event.

17. Informational Sign. A sign that directs or guides pedestrian or vehicular traffic and which is non-advertising in nature (e.g., accessible parking, one-way, exit, and entrance).

18. Mobile Billboard. Any vehicle, or wheeled conveyance which carries, conveys, pulls, displays, or transports any sign or billboard for the primary purpose of advertising a commercial or noncommercial message, or other general advertising for hire.

19. Moving Sign. A sign or any portion thereof that rotates, moves, or appears to move in some manner by mechanical, electrical, natural, or other means.

20. Non-Commercial Message. A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.

21. Nonconforming Sign. A sign lawfully erected and maintained, but which, because of the adoption of or amendment to the zoning code, no longer complies with the standards and requirements of the zoning code.

22. Outdoor Advertising Structure. Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.

23. Pennant. A device made of flexible materials, (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for the purpose of attracting attention.

24. Permanent Sign. A sign that is intended to be and is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner affixed to the ground, wall, or building.

25. Projecting Sign. A sign that projects horizontally from the face of a building.

[Figure: FIGURE 17.43.190.D.25: PROJECTING SIGN]

FIGURE 17.43.190.D.25: PROJECTING SIGN

26. Sandwich Board. A freestanding portable upright, rigid, self-supporting frame sign ordinarily in the form of a triangle, a sideways "H", or some variation thereof, which is readily movable and not permanently attached or anchored to the ground, a building, or any other structure.

27. Shingle Sign. A sign that is suspended beneath a marquee, covered walkway, canopy, or awning.

[Figure: FIGURE 17.43.190.D.27: SHINGLE SIGN]

FIGURE 17.43.190.D.27: SHINGLE SIGN

28. Sign. Any identification, description, illustration, or device illuminated or non-illuminated, which is visible to the general public from any exterior public right-of-way, and directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, or placard designed to advertise, identify, or convey information. A display, device, or thing need not contain lettering to be a sign.

29. Sign Area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.

30. Sign Face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image.

31. Temporary Sign. A structure or device used for the public display of visual messages or images, which is typically made of lightweight or flimsy materials which is not intended for or suitable for long term or permanent display.

32. Traffic Sign. A sign for traffic direction, warning, and roadway identification.

33. Wall Sign. A sign affixed to and wholly supported by a building in such a manner that its exposed face is approximately parallel to the plane of such building.

[Figure: FIGURE 17.43.190.D.33: WALL SIGN]

FIGURE 17.43.190.D.33: WALL SIGN

34. Window Sign. A temporary or permanent sign with a single face of copy that is adhered to a glass window or door.

[Figure: FIGURE 17.43.190.D.34: WINDOW SIGN]

FIGURE 17.43.190.D.34: WINDOW SIGN

F. Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this zoning code and is in a single ownership or under unified control.

G. Soil. Naturally occurring superficial deposits overlying bedrock.

H. Specific Plan. A plan for all or part of the area covered by the general plan that is prepared to be consistent with and to implement the general plan, pursuant to the provisions of Government Code, §§ 65450 et seq.

I. State. The state of California.

J. 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 is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.

K. Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. "Street" includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.

L. Street Line. The boundary between a street and a lot or parcel of land.

M. Structure. Anything constructed or erected which requires a location on the ground, including a building but not including a swimming pool.

1. Structure, Accessory. A detached subordinate structure used only as incidental to a main building or structure, or principal use on the same site or lot.

2. Structure, Attached. A structure which is affixed to another building or structure on the site with a common wall or roof that is four feet in length or more.

3. Structure, Detached. A structure which is not affixed to another building or structure on the site or whose common wall or roof with another building or structure is less than four feet in length.

4. Structure, Nonconforming. A building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the adoption of or amendment to the zoning code, no longer complies with the standards and requirements of the zoning code.

5. Structure, Main. A structure housing the primary or principal use of a site or functioning as the primary or principal use.

6. Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

N. Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than eighteen inches at any point.

A. Tandem Parking. An arrangement of parking spaces such that one or more spaces must be driven across to access another space or spaces.

B. Tenant. A person renting or leasing a housing unit or non-residential space.

C. Trailer. A vehicle with or without motor power, which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer, and mobile home, but not including mobile homes on a permanent foundation.

A. Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained.

1. Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, a principal use and located on the same lot as a principal use.

2. Use, Incidental. A secondary use of a lot and/or building that is located on the same lot, but is not customarily associated with the principal use.

3. Use, Nonconforming. The use of a building, structure, site, or portion thereof, which was lawfully established and maintained, but which, because of the adoption of or amendment to the zoning code, no longer complies with the standards and requirements of the zoning code.

4. Use, Permitted. Any use or structure that is allowed in a zone without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zone.

5. Use, Principal. A primary, principal, or dominant use established, or proposed to be established, on a lot.

B. Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public/semi-public, commercial, industrial, and transportation, communication, and utilities, and agricultural and natural resource. See Chapter 17.42, Use Classifications.

C. Use Permit. A discretionary permit which may be granted by the appropriate authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right, but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval. See Chapter 17.30, administrative use permits, and Chapter 17.31, conditional use permits.

D. Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.

E. Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

A. Variance. A discretionary grant of permission to depart from the specific requirements of this zoning code that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zone. See Chapter 17.35, Variances.

B. Vehicle. Any vehicle, as defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

C. Vibration. Oscillations occurring about an equilibrium point.

D. Visible. Capable of being seen (whether legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.

A. Wall. Any vertical exterior surface of building or any part thereof, including windows and/or a solid horizontal or vertical structural device forming a physical barrier intended to enclose areas, separate properties, form a screen, or prevent intrusion.

B. Wireless Telecommunication Terms.

1. Antenna. Any system of wires, poles, rods, horizontal or vertical elements, panels, reflecting discs, or similar devices used for the transmission and/or reception of electromagnetic waves.

2. Co-Location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure, or otherwise sharing a common location. Co-location also includes the location of wireless communications facilities with other facilities, such as buildings, water tanks, light standards, and other utility facilities and structures.

3. Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

4. Personal Communications Services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. PCS is also sometimes known as Personal Communication Network (PCN).

5. Multi-User Telecommunication Facility. A telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas serving internal company uses only.

6. Satellite Dish. A device (also known as a parabolic antenna) incorporating a reflective surface that is solid, open, or mesh or bar-configured, and is in the shape of a shallow dish, cone, horn cornucopia, or flat plate that is used to receive or transmit radio or electromagnetic waves between terrestrially and/or or bitally based units. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television-reception-only systems, and satellite microwave antennas.

7. Support Equipment. The physical, electrical, and/or electronic equipment included within a telecom facility used to house, power, transport, and/or process signals from or to the facility's antenna or antennas.

8. Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas.

9. Tower, Lattice. A multiple-sided, open, metal frame support structure that supports antennas and related equipment, typically with three or four support legs.

A. Yard. The area between the property line and the nearest wall of the first main building on a lot.

1. Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines.

2. Interior Yard. A yard which does not abut a street.

3. Rear Yard. A yard extending across the rear of a lot for its full width between side lot lines.

4. Side Yard. A yard extending from the rear line of the front yard to the front line of the rear yard.

5. Street Side Yard. A yard on a corner lot along a street side lot line extending from the rear line of the front yard to the rear lot line.

[Figure: FIGURE 17.43.250.A: YARD TYPES]

FIGURE 17.43.250.A: YARD TYPES

A. Zone. See "Zoning District".

B. Zoning District. A specifically delineated area in the county within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.