Contra Costa County Municipal Code Ch. 82-4 Definitions

The definitions in this article and certain other sections of Divisions 82 and 84 govern the construction of Title 8, unless the context otherwise requires.

(Ords. 79-7 § 5, 1781, 1760, 1759, 1569, 1469: prior code § 8102: Ords. 1269, 1264, 1224, 939, 933, 382).

Unless the natural construction of the word indicates otherwise, the present tense includes the future and the plural number the singular.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(a): Ords. 1269, 1264, 1224, 939, 933, 382).

"Agriculture" means the tilling of soil, the raising of crops, horticulture, dairying, and the raising and managing of livestock, including all uses customarily incident but not including slaughterhouses, fertilizer yards, bone yards, plants for the reduction of animal matter, or any other industrial use which may be objectionable because of odor, smoke, dust, or fumes.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(d): Ords. 1269, 1264, 1224, 939, 933, 382).

"Apartment unit" means a separate suite, including kitchen facilities, designed for and occupied as the home, residence, or sleeping place of one or more persons living as a single housekeeping unit.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(cc): Ords. 1269, 1264, 1224, 939, 933, 382).

"Aviary" means a coop, cote, pen, cage, or other similar enclosure, used to house one or more birds (including pigeons) other than poultry.

(Ord. 77-51 § 1).

"Building" means any structure with a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(f): Ords. 1269, 1264, 1224, 939, 933, 382).

"Accessory building" is a building the use and size of which is subordinate and incidental to that of a main building on the same lot. In addition, no accessory building shall exceed:

(1) Five hundred square feet of floor area coverage on lots less than twenty thousand square feet in area and six hundred square feet of floor area coverage on lots greater than twenty thousand square feet in area;

(2) Fifteen feet in height.

(Ords. 96-4 § 1, 1781, 1760, 1759, 1569, 1469: prior code § 8102(g): Ords. 1269, 1264, 1224, 939, 933, 382).

"Building height" means the vertical distance measured from grade to the top of structure directly above with exceptions noted elsewhere in the code. Height may be measured from finished grade when such grade is below natural grade. Height shall be measured from natural grade when the finished grade is higher than natural grade.

(Ords. 96-4 § 2, 1781, 1760, 1759, 1569, 1469: prior code § 8102(pp): Ords. 1269, 1264, 1224, 939, 933, 382).

"Retail business" means the sale, barter, and exchange of retail goods, wares, merchandise, services, or other personal or real property or any interest in them for profit or livelihood.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(r): Ords. 1269, 1264, 1224, 939, 933, 382).

"Cemetery" means land which is used or dedicated for any one, or a combination of more than one, of the following land uses:

(1) A burial park for earth interments;

(2) A mausoleum for crypt or vault interments;

(3) A columbarium for cinerary interments.

(Ords. 1781, 1760, 1759, 1569, 1513, 1469: prior code § 8102(mm): Ords. 1269, 1264, 1224, 939, 933, 382).

(a) "Kennel" means any lot, building, structure, enclosure, or premises where one or more dogs or cats are kept or maintained for commercial purposes, excluding places where veterinarians board animals for medical care only; or where over twenty dogs or over twenty cats over the age of six months are owned or kept;

(b) Whenever "commercial dog kennel" is used in Title 8 of this ordinance code, it refers to "kennel" as defined in this section.

(Ords. 80-98 § 2, 1781, 1760, 1759, 1569, 1469: prior code § 8102(kk): Ords. 1269, 1264, 1224, 939, 933, 382).

"Contractor's yard," including corporation yard, public utility yard or general service yard, means buildings and premises used for the storage and maintenance of equipment and materials involved in construction, installation, maintenance, and/or landscaping, on other property.

(Ord. 76-36 § 1).

"County boundary" means the boundary of this county and the boundary of any incorporated municipality within this county.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(c): Ords. 1269, 1264, 1224, 939, 933, 382).

"Court" means an open space, other than a yard, on the same lot with a building or buildings, which is unoccupied and unobstructed from the ground upward.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(ee): Ords. 1269, 1264, 1224, 939, 933, 382).

"Inner court" means a court enclosed either in whole or part on all sides by buildings.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(gg): Ords. 1269, 1264, 1224, 939, 933, 382).

"Outer court" means a court which extends to a street line or extends to or opens on a front, side, or rear yard.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(ff): Ords. 1269, 1264, 1224, 939, 933, 382).

"District" is a portion of the unincorporated territory of the county within which certain uses of land, buildings, and structures are permitted; certain other uses of land, buildings, and structures are not permitted; portions of certain yards and other open spaces are required, and certain minimum lot areas and maximum heights are established for buildings and structures, under the regulations of Divisions 82 and 84.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(h): Ords. 1269, 1264, 1224, 939, 933, 382).

"Dog fancier" is a person owning, maintaining or keeping four or more dogs over the age of six months:

(1) As pets;

(2) For showing in recognized dog shows, field trials or obedience trials;

(3) For working and hunting; or

(4) For improving the variety of breed in temperament or conformation with a view to exhibition in shows or trials or for use as working dogs in hunting.

(Ords. 92-25 §2, 1781, 1760, 1759, 1744, 1569, 1469: prior code § 8102(ll): Ords. 1269, 1264, 1224, 939, 933, 382).

"Duplex" means a detached building or part of it, designed for occupation as the residence of two families living independently of each other.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(j): Ords. 1269, 1264, 1224, 939, 933, 382).

"Family" means an:

(1) Individual; or

(2) Two or more persons related by blood, marriage, or legal adoption; or

(3) A group of not more than five persons, excluding servants, who are not related by blood, marriage or legal adoption, living together as a single nonprofit housekeeping unit in a dwelling unit as distinguished from a hotel, club, fraternity or sorority house, dormitory or boardinghouse. A "family" includes necessary servants.

(Ords. 68-25 § 1, 1781, 1760, 1759, 1569, 1469: prior code § 8102(1): Ords. 1269, 1264, 1224, 939, 933, 382).

Editor's note— Ord. of 2018-06, § III, adopted May 1, 2018, repealed § 82-4.238 in its entirety. Former § 82-4.238 pertained to "Farming, small," and was derived from Ord. No. 1781; Ord. No. 1760; Ord. No. 1759; Ord. No. 1569; Ord. No. 1469; prior code § 8102(s); Ord. No. 1269; Ord. No. 1264; Ord. No. 1224; Ord. No. 939; Ord. No. 933 and Ord. No. 382.

Editor's note— Ord. No. 2013-12, § III, adopted April 16, 2013, repealed § 82-4.240, which pertained to the definition of home occupation and derived from Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(m): Ords. 1269, 1264, 1224, 939, 933, and 382.

"Hotel" means a building or part of it containing six or more guest rooms designed, intended to be used, or used by six or more persons for money, goods, services, or other compensation. Excepted are buildings where occupants are housed or detained under legal restraint, buildings for the refuge, maintenance, or education of needy, aged, infirm, or young persons, and buildings where patients or injured persons receive medical or surgical treatment.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(n): Ords. 1269, 1264, 1224, 939, 933, 382).

(a) Defined. "Lot" means a piece, parcel, tract, or division of land, including one delineated or described as a single integral unit on a subdivision map, and two or more considered as one pursuant to Section 82-10.002(c).

(b) Lawful Lot. To qualify as a building site, a lot shall have the minimum dimensions required therefor by Divisions 82 and 84 for the district where it is situated.

(c) Right-of-Way Excluded. No part, nor all, of a lot within a public road, street, highway, right-of-way, or easement, for vehicles or pedestrians, existing or proposed, shall be used to satisfy minimum area, yard, dimensional or coverage requirements.

(d) For lots less than forty thousand square feet in size on private roads, for purposes of measuring primary and secondary front yard setbacks, such setbacks shall be measured from the edge of the easement line of the private road abutting such lot or, if there is no recorded easement, then, from the abutting edge of such private road established by use.

(Ords. 99-12 § 2: 79-69 § 1, 71-99 § 3, 1469: prior code § 8102(o): Ords. 939, 932 § 2, 382 § 2[14]: see §§ 92-4.046, 92-4.062).

"Average width of a lot" is the total area of the lot divided by the depth of the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(bb): Ords. 1269, 1264, 1224, 939, 933, 382).

"Depth of a lot" is the distance normal to the frontage to the point of the lot farthest from the frontage.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(z): Ords. 1269, 1264, 1224, 939, 933, 382).

"Frontage" of a lot is the distance measured between the two points on the principal road, street, or access that are farthest apart.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(aa): Ords. 1269, 1264, 1224, 939, 933, 382).

"Motel" means detached or attached dwelling units providing automobile storage space for each dwelling unit and providing transient living accommodations primarily for automobile travelers.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(ii): Ords. 1269, 1264, 1224, 939, 933, 382).

"Multiple family building" is a detached building designed and used exclusively as a dwelling by three or more families occupying separate suites or apartments.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(k): Ords. 1269, 1264, 1224, 939, 933, 382).

"Multiple family building group" means two or more detached single-family buildings, duplexes, or multiple family buildings occupying a parcel of land in one ownership, with common yards.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(hh): Ords. 1269, 1264, 1224, 939, 933, 382).

"One-family dwelling" means a detached building or part of it, designed for occupation as the residence of one family.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(i): Ords. 1269, 1264, 1224, 939, 933, 382).

"Right-of-way," also referred to as a "public right-of-way," means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for road or highway purposes.

(Ord. No. 2022-03, § IV, 5-24-22; Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(qq): Ords. 1269, 1264, 1224, 939, 933, 382).

"Sign" means any structure, display, device, or graphic on or attached to any land, building, or structure, that communicates or intends to communicate any message, or that advertises or promotes any business, product, activity, person, or interest. (Ord No. 2022-03, § V, 5-24-22; Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(qq): Ords. 1269, 1264, 1224, 939, 933, 382.)

"Sign structure" means any structure the primary purpose of which is to support a sign.

(Ord. No. 2022-03, § VI, 5-24-22; Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(rr): Ords. 1269, 1264, 1224, 939, 933, 382.)

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

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(nn): Ords. 1269, 1264, 1224, 939, 933, 382).

"Half story" means that portion of a building under a gable, hip or gambrel roof, the top wall plat of which on at least two opposite exterior walls are not more than three feet above the floor of such building portion.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(oo): Ords. 1269, 1264, 1224, 939, 933, 382).

"Structure" means anything constructed or erected on and permanently attached to land, except:

(1) Buildings defined in Section 82-4.210;

(2) Fences with a maximum height of seven feet, or retaining walls with a maximum height of three feet, or any combination thereof not over seven feet high;

(3) Sidewalks, gateways, pipes, meters, meter boxes, manholes, and mailboxes; and

(4) Poles, wires, pipes and other devices, and their appurtenant parts, for the transmission or transportation of electricity and gas for light, heat or power, or of telephone and telegraphic messages, or of water.

(Ord. No. 2018-15, § II, 6-26-18; Ord. 74-22: prior code § 8102(t): Ord. 382 § 2(18)).

"Suburban apartment building" means a detached building designed and used exclusively for dwelling purposes by families occupying separate suites or apartment units, but not more than six suites or apartment units shall be contained in one detached building.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(dd): Ords. 1269, 1264, 1224, 939, 933, 382).

"Suburban apartment building group" means two or more detached single-family buildings, duplexes, or suburban apartment buildings occupying a parcel of land in one ownership, with common yards.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(jj): Ords. 1269, 1264, 1224, 939, 933, 382).

"Transit-mix plant" means a use of land and equipment incidental to the erection, maintenance, and use of plants, including fixtures and machinery, for the handling, sorting, shipment, transshipment, storage, mixing, and grading of building materials, including sand, gravel, and cement but not including hot tar, asphalt, or other similar bitumens. A "transit-mix plant" includes buildings, structures, bins, chutes, bunkers, silos, hoists, elevators, hoppers or conveyors designed, intended for and used in the preparation of concrete ready-mix for shipment in trucks and transit-mixers from the premises.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(y): Ords. 1269, 1264, 1224, 939, 933, 382).

"Accessory use" means a use incidental and accessory to the principal use of a lot, or a use accessory to the principal use of a building located on the same lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(e): Ords. 1269, 1264, 1224, 939, 933, 382).

"Nonconforming use" means a use of land, building or structure on land that does not conform to Divisions 82 and 84 for the district in which it is situated.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(p): Ords. 1269, 1264, 1224, 939, 933, 382).

"Yard" means an open space other than a court, on the same lot with the building, which open space is occupied from the ground upward to the sky, except as otherwise provided in Divisions 82 and 84. In determining the dimensions of a yard as provided in Divisions 82 and 84, the "line of the building" means a line drawn parallel to the nearest lot line through the point of a building which is the nearest building to the lot line, without regard to parts of the building designated in Divisions 82 and 84 as parts not to be considered in measuring yard dimensions.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(u): Ords. 1269, 1264, 1224, 939, 933, 382).

"Front yard" means an open area extending across the front of a lot, measured toward the rear of the lot to the nearest line of any building on it. If any setback is established by Divisions 82 and 84 for a lot, the area between the setback line and the boundary line that determines the position of the setback line shall constitute the front yard of the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(v): Ords. 1269, 1264, 1224, 939, 933, 382).

"Rear yard" means an open area extending across the rear of a lot, measured from the rear line toward the front to the nearest line of any building on the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(w): Ords. 1269, 1264, 1224, 939, 933, 382).

"Side yard" means an open area between each line of a lot and the nearest line of any building on the lot and extending from the front line to the rear line of the lot.

(Ords. 1781, 1760, 1759, 1569, 1469: prior code § 8102(x): Ords. 1269, 1264, 1224, 939, 933, 382).

"Basement" means any area in a building or structure where the finished floor directly above the area is less than six feet above preconstruction grade or finished grade, whichever is lower.

(Ord. 2004-46 § 3).

Editor's note— Ord. No. 2017-26, § IV, adopted October 24, 2017 repealed § 82-4.292 in its entirety. Former § 82-4.292 pertained to "Medical marijuana dispensary," and was derived from Ord. No. 2008-05 § 3.

"Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or when erected on-site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this section except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., section 5401 et seq.). "Manufactured home" includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974.

(Ord. No. 2009-12, § V, 5-19-09)

"Mobile home" means a structure transportable in one or more sections, designed and equipped for human habitation and to be used with or without a foundation system. For purposes of this code, the term "mobile home" includes a manufactured home but does not include a recreational vehicle.

(Ord. No. 2009-12, § VI, 5-19-09)

"Recreational vehicle" means either of the following:

(a) A motor home, travel trailer, truck camper, camp car, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, that meets all of the following criteria:

(1) It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

(2) It contains four hundred square feet or less of gross area measured at maximum horizontal projections.

(3) It is built on a single chassis.

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

(b) A park trailer, as defined in Health and Safety Code section 18009.3.

(Ord. No. 2009-12, § VII, 5-19-09)

"Travel trailer" means a vehicle, other than a motor vehicle, that is designed for human habitation and for travel or recreational purposes, which does not at any time exceed eight feet in width and forty feet in length and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the California Vehicle Code.

(Ord. No. 2009-12, § VIII, 5-19-09)

"Vessel" means every description of watercraft used or capable of being used as a means of transportation on water, including, but not limited to, a boat, motorboat, rowboat, sailboat, canoe, kayak, personal watercraft, recreational vessel, or a similar conveyance.

(Ord. No. 2009-12, § IX, 5-19-09)

"Vessel trailer" means a vehicle designed for carrying a vessel or vessels on its structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

(Ord. No. 2009-12, § X, 5-19-09)

"Emergency shelter" has the same meaning set forth in Health and Safety Code section 50801, subdivision (e).

(Ord. No. 2014-11, § II, 11-4-14)

"Single room occupancy" or "SRO" means housing consisting of single-room dwelling units that serve as the primary residences of those units' occupants.

(Ord. No. 2014-11, § III, 11-4-14)

"Poultry" means one or more domesticated birds or roosters customarily kept for the production of eggs or meat for commercial use.

(Ord. No. 2018-06, § XVI, 5-1-18)

"Rooster" means any male chicken that:

(1) Is six months or older,

(2) Has full adult plumage, or

(3) Is capable of crowing.

(Ord. No. 2018-06, § XVII, 5-1-18)

"Supportive housing" has the meaning set forth in Government Code section 65582.

(Ord. No. 2017-14, § III, 9-19-17)

Editor's note— Ord. No. 2017-14, § III, adopted September 19, 2017, set out provisions for use herein as § 82-4.316. Inasmuch as a § 82-4.316 already existed at the time of codification, those provisions have been included as § 82-4.324, to read as set out herein.

"Transitional housing" has the meaning set forth in Government Code section 65582.

(Ord. No. 2017-14, § IV, 9-19-17)

Editor's note— Ord. No. 2017-14, § III, adopted September 19, 2017, set out provisions for use herein as § 82-4.318. Inasmuch as a § 82-4.318 already existed at the time of codification, those provisions have been included as § 82-4.326, to read as set out herein.