Chapter 12.08.2

DEFINITIONS

• 2-1. Definitions Generally

Unless the context otherwise requires, the definitions set forth or otherwise provided for in this Chapter shall be used in the interpretation and construction of this Part. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “buildings” shall include the word “structure”, and word “used” shall include the words “arranged, designed, constructed, altered, converted, rented, leased or intended to be used,” and the word “shall” is mandatory and not discretionary.

• 2-2. Abut, abutting, adjoining

“Abut”, “abutting”, or “adjoining” all mean contiguous to or touching.

• 2-3. Access, Vehicular

“Access” means the physical means by which an individual in a vehicle is able to enter upon public or private property from a street. “Ingress” and “egress” are other words for access.

“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for 1 or more persons and is located on the same lot as the proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit also includes an efficiency unit, as defined in the California Health and Safety Code § 17958.1, and a manufactured home, as defined California Health and Safety Code § 18007 (also refer to § 18.100.010(E)).

2-5.

Accessory Use, Accessory Structure, Accessory Building

• A. “Accessory use” means a land use that is associated with an existing permitted or conditional use within a zoning district (does not include accessory or junior accessory dwellings).

• B. “Accessory structure or accessory building” means a usual and customary building normally associated with a permitted or conditional use (does not include accessory or junior accessory dwellings).

2-6. Acre

• “Acre” means a measure of real property equaling 43,560 square feet.

7

Loyalton City Zoning Ordinance No. 424

“Affordable housing development” means a development project that results in adding residential dwellings or mixed-use projects consisting of at least 2/3[rds] of the square footage of the buildings devoted to residential uses, which are restricted to lower income families as defined in California Health and Safety Code § 50106. Affordable housing development may also include supportive and transitional housing (also see “Housing development”).

• 2-8. Agriculture Equipment Sales

“Agriculture equipment sales” means a business, which is primarily engaged in the sale of equipment, vehicles, materials, supplies and tools to serve farming, ranching or timber interests and businesses.

• 2-9. Agriculture Product Sales

“Agriculture product sales” means the sale of food or fiber commodities from the property where produced, with stands for the purpose of displaying and selling these commodities.

“Airport” or “heliport” means a place on land or water, where aircraft may land and take off, receive and disembark passengers or cargo, may take on fuel, purchase accessories or obtain service or repair. “Airstrip” also means airport.

• 2-11. Alley

“Alley” means a public or private thoroughfare, which affords a secondary means of access to abutting property.

“Apartment” means a dwelling unit located within a structure that contains one or more attached dwelling units in which the units are available for rent or lease. “Apartment” also means an individual unit within a multiple family residential development.

“Apartment complex” means a multiple family residential project or development.

“Area” means a piece of land that can be definitively described and located with specific boundaries.

“Assisted living facility” means a residential facility that makes available, to 3 or more adults, room-and-board and at least the following services: personal services; protective

8

Loyalton City Zoning Ordinance No. 424

oversight; social care due to impaired capacity to live independently; and regular supervision that is available on a 24-hour basis, but not to the extent that regular 24-hour medical or nursing care is required. This phrase does not include any facility licensed in this state as a residential care facility.

“Attached housing” means dwelling units that are attached to each other on at least one side, possibly divided from one another by firewalls or other physical partitions.

“Automobile sales” means a land use in which the primary business is based upon retail or wholesale transactions involving the transfer of title to motor vehicles including automobiles, light utility vehicles, trucks, motorcycles, recreation vehicles, and all-terrain vehicles.

“Automobile salvage yard” means an individual or entity engaged in the business of acquiring or buying salvage automobiles (including non-repairable vehicles) for resale in their entirety or as spare parts, or rebuilding, restoration or crushing of such vehicles.

“Automobile service” means a land use, which is involved in the business of repairing, modifying and maintaining motor vehicles.

“Automobile service station” means any place where motor fuel or lubricating oil or grease is offered for sale to the public and deliveries are made directly into vehicles.

“Bar”, “club” or “lounge” mean a land use in which the primary activity is the sale of alcoholic beverages for onsite consumption. A bar, club, or lounge may also provide entertainment for its patrons.

“Base zoning district” means the underlying zone that dictates land use and primary objective development standards.

“Bed and breakfast inn/establishment” means a business which involves accommodations in 5 or fewer guest rooms potentially with breakfast available for guests of the inn.

9

Loyalton City Zoning Ordinance No. 424

“Block” means all property facing one side of the street or between a street and the railroad right-of-way, property along a dead-end street, or un-subdivided land. The intercepting street determines only the boundary of the block on the side of the street that it intercepts.

“Boarding house” is a structure where lodging and meals for boarders are provided for compensation.

“Bottling plant” means a land use in which beverages, including, water, are processed for sale, resale, or distribution.

“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or material of any kind or nature. “Building” shall include “structure.”.

“Building coverage” means the percentage of land area covered by the building footprint.

“Building footprint” means the land area covered by a building as measured at its perimeter foundation walls including any roofed area that may not have perimeter foundation walls.

“Building Official” means the person in charge of the City’s building permits and other permits as assigned.

“Building inspector” means the person performing the City’s building inspections, as appointed by the City Council.

“Residential building” means a building designed to be used exclusively for dwelling purposes.

10

Loyalton City Zoning Ordinance No. 424

“Building setback” means the required minimum distance from a property line or edge of a road easement or property right-of-way to the closest point of any building.

“Building site” means the portion of a parcel of land, in a single or joint ownership, and occupied or to be occupied by a building, together with such open spaces as are required by the terms of this Part.

“Business” means a land use established for the purposes of commerce and as a means of generating revenue or income.

“Wholesale business” means the selling of commodities in large quantities, as to retailers or jobbers rather than to consumers directly, but not including the storing and/or sale of any material or commodity, and not including the processing or manufacture of any product or substance.

“California Environmental Quality Act” means a state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project.

“Campground” means a parcel of land upon which individuals may occupy locations for overnight accommodations in a recreational vehicle, tent or cabin.

“Carport” means a structure which is attached or detached from another building, and which is open on at least two sides with a covering for vehicle storage.

“Cemetery” means a place for the internment of the remains of the deceased either by burial, cryostorage, mausoleum, or cremation.

11

Loyalton City Zoning Ordinance No. 424

“Centerline” means the line located equidistant from the edges of an easement or right-ofway. Centerline of a road right-of-way or easement does not necessarily mean the center of the physical location of the road.

“Church” means a land use that is used for the purposes of conducting religious services and religious education. Whether or not any reference is made, a church includes all other places of worship for any denomination.

2-43. City

“City” means the City of Loyalton.

2-44. City Council

“City Council” means the City Council of the City of Loyalton.

“Civic center” means an area developed or to be developed with any of the following public buildings or uses including offices, libraries, playgrounds, parks, assembly halls, police stations and fire stations.

“CEQA guidelines” means the procedures and guidelines for implementation of the California Environmental Quality Act (CEQA) including any specific requirements adopted by the City of Loyalton.

“Clinic” means a land use, which is established for the purposes of providing a health or life-style related service for humans and animals.

“Cohousing” means a group of 7 to 70 residential units (cottages, single-family detached, lot lines or duplex types) that are organized according to a site plan that encourages interaction among residents and which includes a common house and other common facilities (e.g., open space, playground equipment, gardens, etc.). The residential units typically face each other across a pedestrian street or courtyard, with cars parked on the periphery. The common house typically includes a common kitchen, dining area, sitting area, children’s playroom and laundry and also may contain a workshop, library, exercise room, crafts room and/or one or two guest rooms. Transitional or supportive housing that complies with State of California program requirements is also included in this term.

12

Loyalton City Zoning Ordinance No. 424

“Combining district” or “combining zone” means a land use classification that combines with a base zone to add additional planning opportunities to the use of land.

“Commercial” means a use related to commerce and the production of revenue or income.

“Community care facility” means any facility, place or building which is maintained and operated to provide non-medical residential care, emergency shelters, adult day care or home finding agency services for children, adults or children and adults, including, but not limited to, the physically handicapped, mentally impaired or incompetent persons. “Community care facility” shall include residential facility, residential care facility for the elderly, adult day care facility, home finding agency and social rehabilitation facility, as defined in California Health and Safety Code § 1502.

“Conditional use permit” means 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. “Use permit” also means conditional use permit.

“Construction” means 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.

“Consumer service” means a business, which derives its principal revenue from offering an intangible product for sale, or provides a service.

“Contractor’s equipment yard” means a parcel of land that is used for the temporary or ongoing outside storage of equipment, tools, materials, and vehicles used in the performance of a contractor’s business.

“Corner lot” means a lot that has two or more parcel lines contiguous to a public street.

13

Loyalton City Zoning Ordinance No. 424

“Date of the decision” granting or denying a permit under this Part means the date on which the decision is announced or final vote taken.

• A. “Day care center” means a land use to which children are taken for care and/or educational experience, other than that of a public or private school, while parents or legal guardians are unavailable to watch the children for periods of less than 18 hours with no land-use limit on the number of children within the facility unless otherwise specified in the facility’s permit.

• B. “Small family day care home” means a day care center in the home of the person operating the facility and providing care for no more than 8 children, including children who are members of the provider’s family (California Health and Safety Code § 1597.44).

• C. “Large family day care home” means a day care center in the home of the person operating the facility and providing care for no more than 14 children, including children who are members of the provider’s family (California Health and Safety Code § 1597.46).

• D. “Day health care center” means a land use to which adults, generally those over the age of 60, are taken for care or activities while the children or guardians of the adults are unavailable to watch or care for the adult (California Health and Safety Code § 1570.7).

“Density” means either of the following:

• A. For residential use, density means the number of dwelling units per acre.

• B. For non-residential use, density means the percentage of lot coverage.

• 2-60. Density, Gross

“Gross density” means the total number of units permitted under the property’s general plan designation or zone district before streets or other dedications are provided.

“Net density” means the total number of units permitted under the property’s general plan designation or zone district excluding street area and other dedications.

14

Loyalton City Zoning Ordinance No. 424

“Density bonus” means a density increase over the otherwise maximum permitted density for residential dwelling units as specified by the zoning district.

“Development” means on land, in or under land or water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density of intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with California Government Code § 66410) and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes and timber harvesting operations.

“Development standard” means a set of regulations contained within each zoning district of this Chapter setting forth minimum requirements or specifications which must be met by all applicants for permits; including but not limited to: lot dimensions, setbacks and height limits; lot coverage; animal densities; parking and signs.

“Discretionary” means review and/or action by the City which requires the exercise of judgment or deliberation that may include approval or disapprove an activity or project. Discretionary is distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances or regulations that would be considered Nondiscretionary or Ministerial (see definitions herein).

A person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code § 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons or an authorized representative of a disabled person. The term “disabled person” does not include a person who is currently using illegal substances, unless he or she has a separate disability.

15

Loyalton City Zoning Ordinance No. 424

“District” means a portion of the City within which certain uses of lands, buildings or structures are permitted or prohibited, and within which certain yards and other open spaces are required and certain height limits are established for the same as set forth in this Part.

“Drive-in restaurant/drive-up window” means a restaurant where customers are either served outside of the building with a walk-up window, a drive-up window for vehicles, or otherwise served in their vehicle without having to enter the restaurant.

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

“Dwelling group” means a group of two or more dwellings located on a parcel of land in one ownership and having any yard or court in common.

“Dwelling unit” means a habitable room or group of internally connected or more habitable rooms, designed to be occupied by one family, with facilities for living, sleeping, cooking, eating and sanitation that have permanent sleeping, cooking, eating and sanitation facilities which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on the same lot as the proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code § 17958.1, and a manufactured home, as defined in California Health and Safety Code § 18007.

“Junior accessory dwelling unit” means a dwelling unit that complies with the requirements of California Government Code § 65852.22, as amended from time to time.

“Duplex” means a dwelling unit that consists of two independent units that are attached.

16

Loyalton City Zoning Ordinance No. 424

“Fourplex” means a single detached building designed for and occupied by four families alone, living independently of each other as separate units and having four kitchens (does not include accessory or junior accessory dwellings).

“Multiple family dwelling” or “multi-family dwelling” means a single detached building designed for and occupied exclusively by two or more families living independently of each other as separate units, including apartment houses, condominiums, duplexes, triplexes and fourplexes.

“Primary dwelling unit” means an existing single-family residential structure that conforms with all zoning regulations in effect, including this Part. Accessory and junior accessory dwelling units may be allowed within a nonconforming use/building.

“Single-family dwelling” means a single detached dwelling designed for and occupied exclusively by one family alone. Single-family dwelling includes “factory-built housing” as defined in California Health and Safety Code § 19971.

“Studio dwelling unit” means a one room dwelling unit with not more than 450 square feet of gross floor area, designed for occupancy by not more than two people. The floor area in a loft is included as part of the gross floor area calculation.

“Triplex” means a single detached building designed for and occupied by three families alone, living independently of each other as separate units and having three kitchens. “Two-family dwelling” includes duplexes (does not include accessory or junior accessory dwellings).

“Easement” means any legal right defined as an easement in California Code of Civil Procedure § 800 et al. Generally, an easement is a right to the use of another’s land.

“Electronic component assembly” means an industrial use in which the manufactured goods are assembled from components manufactured elsewhere.

17

Loyalton City Zoning Ordinance No. 424

“Electronic component manufacturing” means an industrial use in which components for use in electronic equipment are manufactured from raw materials.

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of 6 months or less consistent within California Health and Safety Code § 50801(e).

“Employee housing” means housing as described in California Health and Safety Code § 17008 and shall be subject to the provisions of California Health and Safety Code §§ 17021.5 and 17021.6.

“Explosive” means and includes any chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, and that contains any oxidizing and combustible units, packing, that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing effects on contiguous objects or of destroying life or limb.

“Exterior side yard” means the required side yard setback area on any corner lot adjacent to a public street.

“Family” means 1 or more persons occupying a dwelling and living together as a single housekeeping unit in which each resident has access to all parts of the dwelling and there is a sharing of household activities, expenses, experiences and responsibilities.

“Farmworker Housing” means housing configured to accommodate a maximum of 36 beds in group quarters or up to 12 individual units designed for use by a single-family or household, and recognized as employee housing pursuant to California Health and Safety Codes §§ 17021.5 and 17021.6.

“Fence” or “wall” means a structure constructed of posts, supports, and cross members that serves as an obstruction to mark property lines or delineate or restrict access to a portion

18

Loyalton City Zoning Ordinance No. 424

of property, Fences for the purpose of this Chapter includes walls, hedges, and screen plantings.

“Fire Chief” means the Fire Chief for the City of Loyalton or designee.

“Flea market” means a temporary land use in which a series of booths, tables, or other temporary display areas are set up in which an individual, persons, vendors, group, organization, or business which offer both new and used merchandise for retail trade.

“Foster family home” in accordance with California Health and Safety Code § 1502, means any residential facility providing 24-hour care for 6 or fewer children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.

“Frontage” means the total distance along a property line that abuts a public street or streets.

“Garage” means a structure intended for use for storage of vehicles and other items. This definition does not replace the definition of a garage in the California Building Code. A garage may be incorporated within a building.

• 2-96. Garage Sale

“Garage sale” means a garage, yard, lawn, patio or similar type sale held anywhere on the premises in any residential zone district for the purpose of disposing of personal property.

“General plan” means the City of Loyalton general plan as currently adopted including all amendments.

“Government Code” means the California Government Code.

• 2-99. Gross Floor Area

“Gross floor area” means the total square footage of a structure as measured around the exterior perimeter including any non-walled areas under roof and any outside storage or sales areas.

19

Loyalton City Zoning Ordinance No. 424

“Gross land area” means the area of the parcel exclusive of any required public dedication.

“Group care home” (also see definition of Community Care Facility) means a facility licensed by the state pursuant to California Health and Safety Code § 1502 et seq.

“Guest house means a detached living quarter of permanent construction, without kitchens, which are clearly subordinate and incidental to the use of the main building on the same lot.

“Health and Safety Code” means the California Health and Safety Code, also written H&S.

“Health care facility” means any facility, place or building which is organized, maintained and operated for the diagnosis, care, prevention and treatment of human illness, physical or mental, including after convalescence and rehabilitation and including care during and after pregnancy or for any one or more of these purposes, for one or more person, to which the persons are admitted for a 24-hour stay or longer. “Health care facility” shall include general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, intermediate care facility/developmentally disabled habilitative, special hospital or intermediate care facility/developmentally disabled.

“Height” means the vertical distance from the base elevation at the point of measurement to the highest point on the structure, excluding chimneys, antennae, and similar nonstructural elements.

“Heliport” means “airport” as defined herein.

“Highway” means a state route as defined by the state of California Department of Transportation, Caltrans.

“Home occupation” means a business located in a home that is subservient to the use of the dwelling as a residence.

20

Loyalton City Zoning Ordinance No. 424

“Hospital” means a land use in which intensive and general medical care is provided for patients on an emergency in- and out- patient basis.

“Hotel” means a land use in which there are six or more rooms for transient occupancy. Motel and hotel are synonymous.

“Household pets” means domestic animals or fowl normally kept in the house for company or pleasure and not for profit, such as dogs, cats, canaries, parrots, but not including a sufficient number of dogs to constitute a kennel as defined herein.

“Housing development means any development project that results in adding residential dwellings or mixed-use projects consisting of at least 2/3[rds] of the square footage of the buildings devoted to residential uses. Housing development shall also include supportive and transitional housing (also see definition of Affordable Housing Development).

“Indemnification” means compliance with a request to relieve the City of liability or to accept the costs for defending the City from any action brought as a result of the project.

“Industry” means the manufacturing, fabrication, processing, reduction or assembly of any article, substance or commodity, which results in a new product from the original materials.

“Interior side yard” means the required setback area from any property line between two parcels, neither of which is a public street.

“Junk” means, but 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, rock, or other materials from demolition, alteration or construction are being used for purposes of fill.

21

Loyalton City Zoning Ordinance No. 424

“Junkyard” means a place in which junk, salvaged materials or products, scrap, or other waste materials are stored, broken up, dismantled, sorted, distributed, or sold privately or commercially.

“Kennel” means a land use where 4 or more dogs 4 months or older and/or 4 cats 6 weeks or older are bred, raised, trained or boarded.

“Kitchen” means any area within any structure including one or more of the following facilities that are capable of being used for the preparation or cooking of food: oven/microwave oven, stove, hotplate, refrigerator exceeding 6 cubic feet, dishwasher, garbage disposal, sink having a drain outlet larger than 1.05 inches in diameter and cabinets, counter space or other areas for storing food.

“Landfill” means a parcel of land that is appropriately licensed for the storage of solid waste.

“Landscaping” means the replacement of developed or excavated areas of a parcel with introduced new living vegetation, shrubbery, trees, ground cover and combinations thereof.

“Living area” means the interior habitable area for a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

Living space means the improved interior ‘habitable’ area within a dwelling unit conditioned and utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.

“Lot” means a legally established parcel of land.

• A. “Corner lot” means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than one hundred 135  . If the intersection angle is more than 135  degrees, the lot is considered an interior lot.

22

Loyalton City Zoning Ordinance No. 424

• B. “Flag lot” means a lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

• C. “Key lot” means an interior lot, the front of which adjoins the side property line of a corner lot.

“Lot coverage” means the percent of lot covered by all building footprints. Means the same as “Site Coverage.”

“Lot depth” means the average distance from the property line fronting a road or road easement to the rear or opposite property line.

“Lot frontage” means the width of the lot fronting on a road or private road easement, measured along the property line.

• A. “Lot line” means any legally described parcel line as follows:

• B.

  • “Front lot line” is the shortest property line along the road or road easement.

• C. “Side lot line” is the property line intersecting with the front lot line and dividing the parcel from other adjacent parcels or another public street.

• D. “Exterior lot line” is the property line intersecting with the front lot line and contiguous with a public street on a corner lot.

• E. “Interior lot line” is any property line dividing the parcel from other adjacent parcels.

• F. “Rear lot line” is the property line opposite the front lot line.

“Lot width” means the distance from one side property line to the other side property line measured along the front building setback line.

“Low-Barrier Navigation Center” means a housing shelter focused on “housing first, lowbarrier, service-enrichment for the purpose of moving people into permanent housing. In accordance with California Government Code §§ 65660 through 65668, this housing shelter use provides temporary living facilities while case managers connect individuals

23

Loyalton City Zoning Ordinance No. 424

experiencing homelessness to income, public benefits, health services, shelters and housing.

“Manufactured housing” means a structure constructed on or after June 15, 1976, is transportable in one or more parts, is eight body feet or more in width or 40 body feet or more in length, in the traveling mode or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a dwelling unit when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein and which is placed on a permanent perimeter foundation. “Manufactured home” also includes any structure that meets all the requirements of this paragraph for 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. § 5401 and following).

“Ministerial” means an action taken by the City involving little or no personal judgment. Under the Zoning Ordinance, these actions might involve reviewing fixed (objective) standards involving no subjective judgement in deciding whether or how a project or activity should be carried out, such as reviewing a proposed development to comply with building height or building setback requirements of the City’s regulations.

“Mobile home” means a manufactured structure that was constructed prior to June 15, 1976, is transportable in one or more parts, is eight body feet or more in width or 40 body feet or more in length, in the traveling mode or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a dwelling with or without a foundation when connected to required utilities and includes plumbing, heating, air conditioning and electrical systems contained therein as set forth in California Health and Safety Code § 18008. Mobile home includes any structure that meets all the requirements of this paragraph and is either certified under the National Mobile Home Construction and Safety Act of 1974 (42 U.S.C. § 85401 and following) or complies with state standards for mobile homes in effect at the time of construction. Mobile home does not include any automobile, trailer, camp trailer, camper, house car, motor vehicle, recreational vehicle or other vehicle defined in the California Vehicle Code, a commercial coach or a manufactured home as defined by state law.

“Mobile home park” means an area of land where two or more mobile home spaces are used, rented, leased or held out for use, rent or lease, to accommodate mobile homes for human habitation. For purposes of this Chapter, “mobile home park” shall not include a mobile home subdivision, stock cooperative or any park where there is any combination of common ownership of the entire park or individual mobile home spaces. This shall not

24

Loyalton City Zoning Ordinance No. 424

include recreational vehicle parks or portions of parks that include recreational vehicle spaces.

“Modular house” (see definition of Factory-Built Housing).

“Motel” means a land use in which there are six or more rooms for transient occupancy. Motel and hotel are synonymous.

“Net land area” means the area of land remaining after any required public dedication.

• A. “Nonconforming building” means a structure that does not conform to present regulations.

• B. “Nonconforming use” means a land use, which does not conform to present regulations.

• C. “Legally existing” means a use that predates present regulations but was legally constructed or established at the time the use or construction first commenced.

“Nondiscretionary” (see definition of Ministerial).

“Nursery” or “plant nursery” means a business, which is primarily engaged in the raising, propagation, growth, or sales of vegetation, plants and supplies.

“Nursing home” means a residential facility that is maintained primarily for the care and treatment of inpatients under the direction of a physician. The patients in such a facility require supportive, therapeutic or compensating services and the availability of a licensed nurse for observation or treatment on a 24-hour basis. Nursing care may include but is not limited to terminal care; extensive assistance or therapy in the activities of daily living; continual direction, supervision or therapy; extensive assistance or therapy for loss of mobility; nursing assessment and services which involve assessment of the total needs of the patient, planning of patient care and observing, monitoring and recording the patient’s response to treatment; and monitoring, observing and evaluating the drug regimen. “Nursing home” includes intermediate nursing facilities for the mentally retarded or developmentally disabled.

25

Loyalton City Zoning Ordinance No. 424

“Occupancy” means the establishment of a use within a structure or upon a parcel of land, including and not limited to, installing display fixtures in a completed structure, stocking of inventory, or commencing temporary or permanent residency, whether or not a structure has been subject to an approved final inspection or a certificate of occupancy.

“Off-site” means an improvement or other reference concerning a proposed project or subject property, which is not located on the parcel under discussion.

“On-site” means an improvement or other reference concerning the subject property under discussion.

“Open space” means the portion of the lot or parcel from the ground upward that is unoccupied by buildings, structures, parking lots and driveways, except as otherwise permitted by City regulations. Clubhouses, recreation buildings, pools, saunas, interior walkways, paths and similar amenities may be included in open space.

“Parcel” or “lot” means a described area of land within an ownership. Parcel may also mean a parcel established for tax purposes, sometimes called an assessor’s parcel.

“Park” or “playground” means a land use, which is established for the purpose of providing passive or active recreation on a public or private basis.

“Parking area” means the paved portion of a parcel which is developed for the storage of vehicles.

“Parking space” means an accessible and usable space on the lot for the parking of automobiles.

“Paved” means that the required surface typically used for parking, driveways or other vehicular access is improved with concrete, asphaltic concrete, or other similar material capable of handling the type of vehicular traffic anticipated with the proposed use.

26

Loyalton City Zoning Ordinance No. 424

“Permit” means an authorization to proceed issued by the City for a specific activity.

“Planned community” means a large-scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association.

“Planned unit development” means a description of a proposed unified development, consisting at a minimum of a map and adopted ordinance setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development.

“Planning Department” means the City-appointed or designated staff or consultant of the City of Loyalton to assist the City with planning-related matters.

“Planning director” means the person appointed or designated to assist the City Council with planning-related matters.

“Pre-occupancy inspection” means a required inspection before any existing building and/or a structure other than residential, is used, occupied or business license is issued to/for.

“Professional office” means a non-retail or non-commercial wholesale activity wherein professional service is typically provided to the public, or the office is the headquarters for a commercial or industrial activity.

“Police Chief” means the Police Chief for the City of Loyalton as appointed by the City.

“Property line” is a legal boundary describing a parcel of land.

27

Loyalton City Zoning Ordinance No. 424

“Public agency” means a political subdivision, federal, state, or local government or its departments, or governmental jurisdictions or districts.

“Public Resources Code” means the California Public Resources Code, also written PRC.

“Public services” means services needed for development of a parcel of land. This may include, but is not limited to, electricity, access, water, sewage collection and treatment, and telecommunications.

“Public utility buildings and uses” means buildings, structures and uses of a public business which provides a general service to the public, such as telecommunications, electricity, water, or other services.

“Public Works Director” means the Public Works Director as appointed or designated by the City.

“Reasonable accommodation” means provision of disabled persons flexibility in the application of land use and zoning regulations and procedures or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include adjustments to standards such as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City or (2) require a fundamental alteration in the nature of the City’s land use and zoning program.

“Recreational vehicle” means a motorhome, travel trailer, park trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with an area of less than 480 square feet and consistent with California Health and Safety Code § 1810. Recreational vehicle shall also include trailered boats.

28

Loyalton City Zoning Ordinance No. 424

“Recreational Vehicle Park” means any area or tract of land or a separate part within a mobile home park, where two or more lots are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents.

“Recreational vehicle storage” means a commercial activity in which recreation vehicles are garaged either within a building, or an open enclosure for payment of a rental fee.

“Large residential care facility” means any state licensed family home, group care facility or similar facility family home, group care facility or similar facility providing 24-hour non-medical care for more than six persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. The term includes, but is not limited to, foster care homes.

“Small residential care facility means any state licensed family home, group care facility or similar facility family home, group care facility or similar facility providing 24-hour non-medical care for up to six persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. The term includes, but is not limited to, foster care homes.

“Rest home” (see definition of Nursing Home).

“Public right-of-way” is a strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or other public uses.

“Rooming house” means the same as “boarding house” as set forth herein.

“School” means an institution, public or private, established for the purpose of educating a class of students at any grade level, either for profit or nonprofit purposes.

“Second dwelling unit” (see definition of Accessory and Junior Accessory Dwelling Unit).

29

Loyalton City Zoning Ordinance No. 424

“Shopping center” means a commercial center, or group of commercial establishments, planned, developed, managed and maintained as a unit, with common off-street parking provided to serve all uses on the property.

The front yard (of a corner lot) may face either street frontage of a corner lot, at the option of the owner.

“Sign” means any device capable of visual communications or attraction, including declarations, announcements, demonstrations, displays, insignias, trademarks, or symbols, used for the purpose of informing, advertising, or promoting any business, place, or event.

“Single room occupancy” means a structure with a small residential room or more rooms designed to provide living facilities for 1 person, often with cooking facilities and with private or shared bathroom facilities.

“Street” means a public thoroughfare accepted by the City which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, except an “alley” as defined herein.

“Structure” means anything constructed or erected, the use of which requires location on or above the ground or the attachment to something having location on or above the ground, including swimming pools and patio covers.

“Structure alteration” means any change in supporting members of a structure or building.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or off-site service that assists 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.

30

Loyalton City Zoning Ordinance No. 424

Target Population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, or substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with § 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individual exiting from institutional settings, veterans, and homeless people.

“Temporary use” means a land use, which may occur on a parcel of land for a limited time as may be authorized herein.

“Townhouse” means a single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.

“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than 6 months from the beginning of the assistance.

“Use” means the activity that takes place on a parcel of land.

“Variance” means a discretionary entitlement, which permits the departure from the strict application of the development standards contained in this zoning ordinance.

“Yard” means the area between a property line and required setback line within any lot.

“Front yard” means a yard extending across the full width of the front portion of the lot measured from the front line of the lot to the nearest line of a building or structure wall or required front setback line, whichever is closer to the property line.

31

Loyalton City Zoning Ordinance No. 424

“Rear yard” means a yard extending across the full width of the rear portion of the lot measured between the rear line of the lot and the nearest line of the building or structure wall or required rear yard setback line, whichever is closer to the property line.

“Side yard” means a yard between the side line of the lot and nearest structure setback or required side yard setback line, whichever is closer to the property line and extending from the front yard of the lot to the rear yard.

32

Loyalton City Zoning Ordinance No. 424