Chapter 16.12 — DEFINITIONS

"Condominium" means a structure as defined in the California Civil Code § 1351(f). In general, it is a multiple-family residential land use in which each of the dwelling units may be individually owned.

(Ord. 775 (part), 2004).

16.12.350 - Contractor's equipment yard.

"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.

(Ord. 775 (part), 2004).

16.12.360 - Corner Lot.

A lot that has two or more abutting parcel lines contiguous to two public streets.

(Ord. 775 (part), 2004).

16.12.370 - Corner lot-side and front.

"Corner lot-side and front" mean, for the purpose of this title the narrower frontage of a corner lot facing the street is the front, and the longer frontage facing the intersecting street is the side, irrespective of the direction in which any building thereon faces.

(Ord. 775 (part), 2004).

"Customer area" means that portion of a structure that is used for the purposes of transacting business, purchasing, or selling products or services, and does not include any portion of the structure used for warehousing or storage which are inaccessible to public use.

(Ord. 775 (part), 2004).

16.12.390 - Date of decision.

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

(Ord. 775 (part), 2004).

16.12.400 - Day-care center, family daycare home.

A.

"Day-care center" means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. A child day care center is a facility that includes infant centers, preschools, and extended day care facilities but excludes a family day care home. (Health & Safety Code §§ 1596.75 and 1596.76)

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 eight (8) children, including children who are members of the provider's family. (Health & Safety Code § 1597.44)

C.

"Large family day-care home" means a daycare center in the home of the person operating the facility, and providing care for not more than fourteen (14) children, including children who are members of the provider's family. (Health & Safety Code § 1597.46)

(Ord. 775 (part), 2004).

"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan.

(Ord. 775 (part), 2004).

(Ord. No. 837, § 1, 5-1-2014)

"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 title.

(Ord. 775 (part), 2004).

"Dwelling" means any building or portion thereof designed or used for residential occupancy.

A.

"Dwelling single-family" means any building or portion thereof which contains one dwelling unit.

B.

"Dwelling two family" (or duplex) means any building or portion thereof which contains two (2) dwelling units.

C.

"Dwelling multiple family" (or triplex) for three units; fourplex for four (4) units; or multi-family residential units defined as a group of attached dwelling units (five or more) within structure.

(Ord. 775 (part), 2004).

16.12.440 - Dwelling group.

"Dwelling group" means a group of two or more one-family, two-family, or multiple dwellings occupying a parcel of land, in one ownership and having a yard or court in common.

(Ord. 775 (part), 2004).

16.12.443 - Emergency shelters.

"Emergency shelters" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or households may be denied emergency shelter because of an inability to pay.

(Ord. No. 837, § 1, 5-1-2014)

16.12.445 - Employee housing - large.

"Employee housing - large" means housing for employees consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single-family or household.

(Ord. No. 837, § 1, 5-1-2014)

16.12.447 - Employee housing - small.

"Employee housing - small" means housing for employees consisting of six or fewer persons in a singlefamily home.

(Ord. No. 837, § 1, 5-1-2014)

16.12.450 - Encroachment Permit.

"Encroachment permit" means a permit issued by a government agency to allow work within publicly owned property.

(Ord. 775 (part), 2004).

16.12.460 - Explosive.

"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 destructive effects on contiguous objects or of destroying life or limb.

(Ord. 775 (part), 2004).

16.12.470 - Exterior Side Yard.

"Exterior Side Yard" means the sideyard on any corner lot adjacent to the public street.

(Ord. 775 (part), 2004).

16.12.480 - Family.

"Family" means a group of individuals with a common bond by means of blood, marriage, or conscientiously established relations living together as a housekeeping unit sharing a dwelling unit. Clients of a group home subject to California Community Care Facilities Act (Health and Safety Code 1500 et seq.) are not deemed a family for purposes of this title.

(Ord. 775 (part), 2004).

16.12.490 - Fence.

"Fence" or "wall" means a structure constructed of posts, supports and cross members that serve as an obstruction to mark property lines or delineate or restrict access to a portion of a property. Fences for the purposes of this Title include walls, hedges and screen plantings.

(Ord. 775 (part), 2004).

16.12.500 - Flea market.

"Flea market" means an interim or 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, establish a retail trade. A commercial flea market may offer both new and used merchandise.

(Ord. 775 (part), 2004).

16.12.510 - Floodplain.

"Floodplain" means the same as defined by the United States Federal Emergency Management Agency (FEMA) or its successor agency.

(Ord. 775 (part), 2004).

16.12.520 - Frontage.

"Frontage" means the width of the lot fronting on a street or private road easement, measured along the property line. In the event the lot faces on two streets the frontage shall be that side having the narrowest width.

(Ord. 775 (part), 2004).

16.12.530 - Garage.

"Garage"" means a building accessible and designed for the storage of vehicles having at least three (3) enclosed sides. The accessible area for storage shall be a minimum of ten (10) feet by twenty (20) feet per vehicle.

(Ord. 775 (part), 2004).

16.12.540 - General Plan.

"General Plan" means the City of Yreka General Plan as currently adopted including all amendments.

(Ord. 775 (part), 2004).

16.12.550 - Group care home - large.

"Group care home - large" means a facility designed, intended or used as a residence for more than six individuals who require any form of institutional care or supervision where such care or supervision is maintained on the premises during a twenty-four-hour day.

(Ord. No. 837, § 1, 5-1-2014)

Editor's note— Ord. No. 837, § 1, adopted May 1, 2014, amended § 16.12.550 in its entirety to read as herein set out. Former § 16.12.550 pertained to group care home, and derived from Ord. 775 (part), adopted 2004.

(Ord. No. 837, § 1, 5-1-2014)

16.12.552 - Group care home - small.

"Group care home - small" means a designed, intended or used as a residence for six individuals or less who require any form of institutional care or supervision where such care or supervision is maintained on the premises during a twenty-four-hour day.

(Ord. No. 837, § 1, 5-1-2014)

16.12.560 - Height of buildings.

"Height of building" means the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following whichever yields a greater height of building:

A.

The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten (10) feet above lowest grade.

B.

An elevation ten (10) feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) above is more than ten (10) feet above lowest grade.

C.

The height of a stepped or terraced building is the maximum height of any segment of the building.

(Ord. 775 (part), 2004).

16.12.570 - Home occupation.

"Home occupation" means a business or occupation located in a dwelling that is secondary to the use of the dwelling as a residence, and meets the requirements of Section 16.46.020 of this title.

(Ord. 775 (part), 2004).

16.12.580 - Hotel.

"Hotel" means a land use in which there are six (6) or more rooms for transient occupancy. Motel and hotel are synonymous.

(Ord. 775 (part), 2004) (Ord. 775 (part), 2004).

16.12.590 - Intensity, building.

Building "Intensity" for residential uses means the actual number or the allowable range of dwelling units per acre. For non -residential uses, the actual or the maximum allowed coverage.

(Ord. 775 (part), 2004).

"Industry" means the manufacturing, fabrication, processing, reduction or assembly of any article, substance or commodity which results in a new product.

(Ord. 775 (part), 2004).

"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 (excepting gems and minerals not visible from a public right of way); 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.

(Ord. 775 (part), 2004).

16.12.620 - Junkyard.

"Junkyard" means a place in which junk (as defined in § 16.12.610), salvaged materials or products, scrap, or other waste materials are stored, broken up, dismantled, sorted, distributed, or sold privately or commercially.

(Ord. 775 (part), 2004).

16.12.630 - Kennel.

"Kennel" means a land use where four (4) or more dogs four (4) months or older and/or six (6) cats six (6) weeks or older are kept, bred, raised, trained, or boarded.

(Ord. 775 (part), 2004).

16.12.640 - Lot.

"Lot" means a single separate legal parcel of land.

(Ord. 775 (part), 2004).

16.12.650 - Lot coverage.

"Lot coverage" means the percent of lot area covered by all building footprints.

(Ord. 775 (part), 2004).

16.12.660 - Lot or parcel line.

"Lot or parcel line" means any legally described parcel line as follows:

A.

"Front lot line" is the property line along the street or access easement.

B.

"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.

C.

"Exterior lot line" is the property line intersecting with the front lot line and contiguous with a public street on a corner lot.

D.

"Interior lot line" is any property line dividing the parcel from other adjacent parcels.

E.

"Rear lot line" is the property line opposite the front lot line.

(Ord. 775 (part), 2004).

16.12.670 - Motel.

"Motel" means a land use in which there are six (6) or more rooms for transient occupancy. Motel and hotel are synonymous.

(Ord. 775 (part), 2004).

16.12.680 - Reserved.

Editor's note— Ord. No. 868, § 1, adopted June 7, 2022, repealed § 16.12.680, which pertained to nonconforming building or use and derived from Ord. 775 (part), adopted 2004.

16.12.690 - Nursery.

"Nursery" or "Plant Nursery" means a business which is primarily engaged in the raising, propagation, growth, or sales of vegetation, plants and supplies.

(Ord. 775 (part), 2004).

16.12.700 - Open space.

"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.

(Ord. 775 (part), 2004).

16.12.705 - Pharmacy and pharmaceuticals.

"Pharmacy" and "pharmaceuticals" mean its customary and usual definition as it relates to the dispensing of medicines according to prescriptions of physicians, and does not include medical marijuana distribution facility as defined in this code.

(Ord. No. 817, § 3, 10-6-2011)

16.12.710 - Professional office.

"Professional office" means an office for any one of the following: Accountant, architect, attorney, beauty parlor, dentist, doctor, barbershop, dental lab, chiropractor, professional engineer, drafting office, collection agency, investment offices, insurance office, private detective, real estate, social worker, or similar use.

(Ord. 775 (part), 2004).

16.12.720 - Recreational vehicle park.

"Recreational vehicle park" means any area or tract of land or a separate section within a mobile home park, where two (2) or more lots are rented or leased or held out for rent, or leased to owners or users of recreational vehicles or tents.

(Ord. 775 (part), 2004).

16.12.730 - Recreation vehicle storage.

"Recreation vehicle storage" means a commercial activity in which recreation vehicles and boats are garaged either within a building or an open enclosure for payment of a rental fee.

(Ord. 775 (part), 2004).

16.12.740 - School.

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

(Ord. 775 (part), 2004).

16.12.750 - Service station.

"Service station" means a filling station retailing motor fuel and oil to motor vehicles; including grease racks, battery and ignition service, and other accessory sales and service for vehicles; but excluding recapping, steam cleaning, painting, body work, and engine overhaul.

(Ord. 775 (part), 2004).

16.12.755 - Single-room occupancy residential unit (SRO).

"Single-room occupancy residential unit" means a compact dwelling unit with limited cooking and living facilities that is the primary residence of its occupant(s) and is within a multiple-unit structure.

(Ord. No. 837, § 1, 5-1-2014)

16.12.760 - Street.

"Street" means a public thoroughfare accepted by the city which affords principal means of access to abutting property, except an "alley" as defined herein.

(Ord. 775 (part), 2004).

16.12.770 - Structure.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

(Ord. 775 (part), 2004).

16.12.773 - Supportive housing.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target populations as defined by 53260(d) of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. No. 837, § 1, 5-1-2014)

16.12.776 - Transitional housing.

"Transitional housing" means a building configured as rental housing development, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. No. 837, § 1, 5-1-2014)

16.12.778 - Temporary structure.

"Temporary structure" means a building or structure to be utilized for a permitted use applicable to a parcel of land, which will remain upon the parcel for a period not to exceed twelve months. (Ord. 775 (part), 2004).

(Ord. No. 853, § 2, 8-16-2018)

16.12.780 - Use.

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

(Ord. 775 (part), 2004).

16.12.790 - Yard.

"Yard" means the area between a property line and the point where construction of a structure is permitted, except as otherwise permitted in § 16.46.070.

(Ord. 775 (part), 2004).

16.12.800 - Yard, front.

"Front yard" means a yard extending across the full width of the lot frontage of the lot and measured from the front line of the lot to the nearest structure setback; provided that if any building line or official plan line has been established for the street upon which the lot faces, then all such measurements shall be taken from such building line or official plan line to the nearest line of the building.

(Ord. 775 (part), 2004).

16.12.810 - Yard, rear.

"Rear yard" means a yard extending across the full width of the rear portion of the lot and measured between the rear line of the lot and the nearest structure setback.

(Ord. 775 (part), 2004).

16.12.820 - Yard, side.

"Side yard" means a yard between the sideline of the lot and the nearest structure setback and extending from the front yard of the lot to the rear yard.

(Ord. 775 (part), 2004).

Chapter 16.14 - HEARINGS AND APPEALS

Sections: