Chapter 16.08 — ENFORCEMENT AND PENALTIES

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, structures or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict therewith shall be null and void. It shall be the duty of the Building Inspector or Planning Director of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, maintenance, moving, conversion, alteration or addition to any building or structure. Any City Official may refer any request for interpretation of this title to the Planning Commission.

(Ord. 775 (part), 2004).

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than one thousand ($1,000) dollars or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Such person, firm or corporation, is guilty of a separate offense for each and every day during any portion of which violation of this title is committed or continued by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. 775 (part), 2004).

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of lands, buildings, or premises established or conducted thereon, operated or maintained contrary to the provisions of this title is unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure contrary to the provision of this title.

(Ord. 775 (part), 2004).

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 775 (part), 2004).

Chapter 16.12 - DEFINITIONS

Sections:

16.12.010 - Generally.

For the purposes of defining this code, words, phrases, and terms shall have the meaning that is defined in this chapter. Words that are not defined in this chapter shall be defined as contained in the latest unabridged edition of Webster's Dictionary.

A.

When consistent with usage in the text, singular number includes the plural, words in the plural include the singular;

B.

The words "shall," "will," "must," and "is" denote a mandatory action;

C.

The word "may" or "should" indicate permissive actions.

(Ord. 775 (part), 2004).

16.12.020 - Abut, abutting, adjoining.

"Abut," "abutting," or "adjoining" all mean contiguous to or touching.

(Ord. 775 (part), 2004).

16.12.030 - Accepted mining practice and site reclamation.

"Accepted mining practice and reclamation" means the operation of a mineral extraction facility and restoration of the site in conformance with the requirements of the General Plan Conservation Element, this title, and the regulations of the California Division of Mines and Geology.

(Ord. 775 (part), 2004).

16.12.040 - Access, vehicular.

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

(Ord. 775 (part), 2004).

16.12.045 - Accessory dwelling unit.

"Accessory dwelling unit" (ADU) means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall have a separate exterior entrance and include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An ADU also includes the following:

A.

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

B.

An efficiency unit, as defined in section 66310 - 66324 of the Government Code.

"Junior accessory dwelling unit" (JADU) means a unit that is no more than five hundred square feet in size and contained entirely within an existing or proposed single-family structure.

A.

A JADU shall have a separate entrance from the main entrance to the existing or proposed single-family residence. An increase in size for the single-family residence of not more than one hundred fifty square feet to allow for the separate entrance shall be acceptable.

B.

A JADU shall have an efficiency kitchen, which shall include all of the following:

(a)

A cooking facility with appliances.

(b)

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

A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. A JADU shall include an interior entry to the main living area if the JADU does not have a separate bathroom.

(Ord. No. 853, § 2, 8-16-2018; Ord. No. 854, § 2, 8-20-2020; Ord. No. 887, § 2, 12-16-2025)

16.12.050 - Accessory use, structure.

A.

"Accessory use" means a land use that is associated with an existing permitted or conditional use within a zoning district.

B.

"Accessory structure" means a usual and customary detached building normally associated with a permitted or conditional use that is constructed concurrently with or subsequent to the primary use structures.

(Ord. 775 (part), 2004).

16.12.060 - Administrative permit.

"Administrative Permit" or "Administrative use permit" means a permit permitted by this title, authorized by the Planning Director or their designee provided that the Planning Director finds that the application is in full compliance with the provisions of this title and all other applicable laws and regulations.

(Ord. 775 (part), 2004).

16.12.070 - 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.

(Ord. 775 (part), 2004).

16.12.080 - Agriculture product processing, canning.

"Agriculture product processing, canning" means the conversion of raw agriculture products into marketable commodities.

(Ord. 775 (part), 2004).

16.12.090 - Agriculture product sales.

"Agriculture product sales" means the sale of food or fiber commodities from the property where produced.

(Ord. 775 (part), 2004).

16.12.100 - Airport.

"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.

(Ord. 775 (part), 2004).

16.12.110 - Alley.

"Alley" means any dedicated public thoroughfare, other than a street, which affords only a secondary means of access to abutting property at the rear or sides thereof.

(Ord. 775 (part), 2004).

16.12.120 - Automobile sales.

"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, including mobile homes.

(Ord. 775 (part), 2004).

16.12.130 - Automobile service.

"Automobile service" means a land use which is involved in the business of repairing and maintaining motor vehicles.

(Ord. 775 (part), 2004).

16.12.140 - Automobile dismantling yard.

"Automobile dismantling yard" means a land use used for the business of buying, selling, or dealing in vehicles of a type required to be registered under this code, including nonrepairable vehicles, for the purpose of dismantling the vehicles, an individual or entity who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts.

(Ord. 775 (part), 2004).

16.12.150 - Bar, club, lounge.

"Bar, club, or lounge" means 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.

(Ord. 775 (part), 2004).

16.12.160 - Bed and breakfast inn.

"Bed and breakfast inn" means an owner or manager-occupied residence wherein a room or rooms are rented for the purpose of providing overnight accommodations for paying guests for a period not to exceed

one week per individual rental, with not more than one meal to be provided daily, the entire service offered to be included in one stated price.

(Ord. 775 (part), 2004).

16.12.170 - Boarding House.

"Boarding house" means a structure other than a hotel, where lodging or lodging and meals for three or more persons is provided for compensation.

(Ord. 775 (part), 2004).

16.12.180 - Bottling plant.

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

(Ord. 775 (part), 2004).

16.12.185 - Cottage food operation, cottage food operator, cottage food products.

"Cottage food operation" means an enterprise that is operated by a cottage food operator within the permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant Health and Safety Code Section 113758. A self-certification checklist as described in Health and Safety Code §114365 shall be required and verified by the City, of all cottage food operations in the City. Per state law, Health and Safety Code Section 113758, commencing in 2015, and each subsequent year thereafter, the enterprise shall not have more than fifty thousand dollars in gross annual sales in the calendar year.

A cottage food operation is subject to the rules and regulations of a "Home Occupation" pursuant to Yreka Municipal Code Section 16.46.020. A cottage food operation includes both of the following:

A.

A "Class A" cottage food operation, which is a cottage food operation that may engage only in direct sales of cottage food products to the consumer. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.

B.

A "Class B" cottage food operation, which is a cottage food operation that may engage in both direct sales and indirect sales of cottage food products to the consumer. Whereas direct sales are described in subdivision (A) above, indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

"Cottage food operator" means an individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.

"Cottage food products" means non-potentially hazardous foods, as identified in Health and Safety Code § 114365.5(b) that are prepared for sale in the kitchen of a cottage food operation.

(Ord. No. 853, § 2, 8-16-2018)

16.12.190 - Building.

"Building" means structure.

(Ord. 775 (part), 2004).

16.12.200 - 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.

(Ord. 775 (part), 2004).

16.12.210 - Building Official, Building Inspector.

"Building Official" or "building inspector" means the department head or person in charge of the City Building Department or performing the City's building inspections.

(Ord. 775 (part), 2004).

16.12.220 - Building, residential.

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

(Ord. 775 (part), 2004).

16.12.230 - Building setback.

"Building setback" means the distance from a property line or edge of a public right-of-way to the edge of any building.

(Ord. 775 (part), 2004).

16.12.240 - Building site.

"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 title and having frontage on a public street, road or highway.

(Ord. 775 (part), 2004).

16.12.250 - Business, wholesale.

"Wholesale business" means the selling of commodities in large quantities, as to retailers or jobbers rather than to consumers directly, and not including the processing or manufacture of any product or substance.

(Ord. 775 (part), 2004).

16.12.260 - Carport.

"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. The accessible area for vehicle storage shall be a minimum of ten (10) feet by twenty (20) feet.

(Ord. 775 (part), 2004).

16.12.270 - Cemetery.

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

(Ord. 775 (part), 2004).

16.12.280 - Church.

"Church" means a use for the purposes of conducting religious services. A church includes all places of worship for any denomination.

(Ord. 775 (part), 2004).

16.12.290 - CEQA Guidelines.

"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 Yreka.

(Ord. 775 (part), 2004).

16.12.300 - Clinic.

"Clinic" means a land use which is established for the purposes of providing a health service to outpatients.

(Ord. 775 (part), 2004).

16.12.310 - Commercial.

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

(Ord. 775 (part), 2004).

16.12.320 - Common area.

"Common area" means 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.

(Ord. 775 (part), 2004).

16.12.330 - Conditional use permit.

"Conditional use permit" means uses that are permitted in certain districts upon the granting of a use permit. Such uses, because of their unusual characteristics, shall be given special consideration to the end that they be located properly with respect to the objectives of the zoning plan and with respect to their effects upon surrounding properties. Such uses have the potential to be incompatible with neighboring land uses and the specific conditions under which each such use is permitted shall be considered in the light of general public interests and the interests of persons residing or working in the vicinity of the use.

(Ord. 775 (part), 2004).