Chapter 17.06 DEFINITIONS

For the purposes of this title certain terms are defined in this chapter. Words used in the present tense shall include the future tense. Words used in the singular shall include the plural. The word “shall” is mandatory and the word “may” is permissive.

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 the 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. 186, 2003)

17.06.020 Abut, abutting, adjoining.

“Abut,” “abutting,” or “adjoining” all mean contiguous to or touching. (Ord. 186, 2003)

17.06.030 Accepted farming practice.

“Accepted farming practice” means a land use to produce plant or animal products utilizing customary, safe, and adequate techniques for crop management, harvesting, and marketing. (Ord. 186, 2003)

17.06.040 Accepted mining practice and reclamation.

“Accepted mining practice and reclamation” mean 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. 186, 2003)

17.06.050 Accepted timber practice.

“Accepted timber practice” means the management of forest lands for growth, harvest, and production of timber and timber resources in a manner consistent with the Northern District Forest Practices Act. (Ord. 186, 2003)

17.06.060 Access.

“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. (Ord. 186, 2003)

17.06.070 Accessory dwelling.

“Accessory dwelling” means either an attached or detached dwelling unit which providing living quarters for one or more persons and is in addition to an existing dwelling. (Ord. 186, 2003)

17.06.080 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 building normally associated with a permitted or conditional use. (Ord. 186, 2003)

17.06.090 Acre.

“Acre” means a measure of real property equaling 43,560 square feet. (Ord. 186, 2003)

17.06.110 Administrative permit.

“Administrative permit” means any permit listed in subdivision § 1.02.08 of this code and is issued as a ministerial act by the city. (Ord. 186, 2003)

17.06.120 Aggrieved party.

“Aggrieved party” means a person, organization, corporation, concerned citizen, or any individual or group which demonstrates to the appellant board that they have an interest, either financial or otherwise, in property affected by the decision of the original decisionmaker. This definition is not intended to and does not confer standing to maintain an action in a court of law where standing would not otherwise exist. (Ord. 186, 2003)

17.06.125 Agricultural employee housing.

“Agricultural employee housing” means housing for persons employed in agriculture as defined in the California Labor Code Section 1140.4(b).

A. Small Agricultural Employee Housing. Any agricultural employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone.

B. Large Agricultural Employee Housing. Any agricultural employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use. No conditional use permit, zoning variance, or other zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. (Ord. 216 § 3 (Att. A), 2015)

17.06.130 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. 186, 2003)

17.06.140 Agriculture product processing, canning.

“Agriculture product processing, canning” means the conversion of raw agriculture products into marketable commodities. (Ord. 186, 2003)

17.06.150 Agriculture product sales.

“Agriculture product sales” means the sale of food or fiber commodities from the property where produced. (Ord. 186, 2003)

17.06.160 Airport or heliport.

“Airport” or “heliport” mean 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. 186, 2003)

17.06.170 Alley.

“Alley” means a public or private thoroughfare which affords only a secondary means of access to abutting property. (Ord. 186, 2003)

17.06.180 Apartment.

“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. (Ord. 186, 2003)

17.06.190 Apartment complex.

“Apartment complex” means a multiple-family residential project or development. (Ord. 186, 2003)

17.06.200 Area.

“Area” means a piece of land that can be definitively described and located with specific boundaries. (Ord. 186, 2003)

17.06.210 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. 186, 2003)

17.06.220 Automobile service.

“Automobile service” means a land use which is involved in the business of repairing and maintaining motor vehicles. (Ord. 186, 2003)

17.06.230 Automobile service station.

“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. (Ord. 186, 2003)

17.06.240 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 the State of California Motor Vehicle Code, including nonrepairable vehicles, for the purpose of dismantling the vehicles, who buys or sells the integral parts and component materials thereof, in whole or in part, or deals in used motor vehicle parts. (Ord. 186, 2003)

17.06.250 Bar, club, lounge.

“Bar, club, or lounge” means a land use in which the primary activity is the sale of alcoholic beverages for on-site consumption. A bar, club, or lounge may also provide entertainment for its patrons. (Ord. 186, 2003)

17.06.260 Base zoning district.

“Base zoning district” means the underlying zone that dictates land use and primary development standards. (Ord. 186, 2003)

17.06.270 Bed and breakfast inn.

“Bed and breakfast inn” means a business which involves accommodations potentially with breakfast available for guests of the inn. (Ord. 186, 2003)

17.06.280 Billboard.

“Billboard” means an outdoor sign advertising, promoting or informing of a business, product, issue or activity which takes place or is available at a location other than the location of the billboard. (Ord. 186, 2003)

17.06.290 Block.

“Block” means all property fronting upon one side of a street, between intersecting and intercepting street, or between a street and a railroad right-of-way, waterway, dead-end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which is intercepts. (Ord. 186, 2003)

17.06.300 Boarding house.

“Boarding house” means a structure where lodging and meals for boarders is provided for compensation. (Ord. 186, 2003)

17.06.310 Bottling plant.

“Bottling plant” means a land use in which beverages, including spring water, are processed for sale, resale, or distribution. (Ord. 186, 2003)

17.06.320 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. 186, 2003)

17.06.330 Building.

“Building” means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or property, or requiring a permanent attachment to the ground at a fixed location. (Ord. 186, 2003)

17.06.340 Building, accessory.

“Accessory building” means a subordinate building, including shelters of pools, the use of which is incidental to that of the main building on the same lot and/or building site, but not including living quarters, and which may or may not require a permanent attachment to the ground. Such accessory buildings may include construction shack, construction trailers and temporary office trailers. (Ord. 186, 2003)

17.06.350 Building intensity.

“Building intensity” means the percentage of land area covered over by the building footprint or land use. (Ord. 186, 2003)

17.06.360 Building, main.

“Main building” means a building which is designed for or in which is conducted the principal use of the lot and/or building site on which it is situated. (Ord. 186, 2003)

17.06.370 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. 186, 2003)

17.06.380 Building, residential.

“Residential building” means a building designed to be used exclusively for dwelling purposes. (Ord. 186, 2003)

17.06.390 Building setback.

“Building setback” means the distance from a property line or edge of a road easement or public right-of-way to the edge of any building. (Ord. 186, 2003)

17.06.400 Building site.

“Building site” means the portion of a parcel of land, in a single or joint ownership, occupied or to be occupied by a building, together with such open spaces setbacks as are required by the terms of this zoning ordinance and having its principal frontage on a public street, road or highway. (Ord. 186, 2003)

17.06.410 Business.

“Business” means a land use or activity established for the purposes of commerce and as a means of generating revenue or income. (Ord. 186, 2003)

17.06.420 Business, retail.

“Retail business” means the retail sale of any article, substance or commodity within a building but not including the sale of lumber or other building materials. (Ord. 186, 2003)

17.06.430 Business, wholesale.

“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. (Ord. 186, 2003)

17.06.440 Business and Professions Code.

“Business and Professions Code” means the California Business and Professions Code. (Ord. 186, 2003)

17.06.445 California Code of Regulations (CCR).

“California Code of Regulations (CCR)” means the administrative code used to implement state legislation as approved by the Office of Administrative Law. (Ord. 186, 2003. Formerly 17.06.100.)

17.06.450 Campground.

“Campground” means a parcel of land upon which individuals may occupy locations for overnight accommodations in a recreational vehicle, tent or cabin. (Ord. 186, 2003)

17.06.460 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. (Ord. 186, 2003)

17.06.470 Cemetery.

“Cemetery” means a place for the interment of the remains of the deceased either by burial, cryostorage, mausoleum, or cremation. (Ord. 186, 2003)

17.06.480 Centerline.

“Centerline” means the line located equidistant from the edges of an easement or right-of-way. Centerline of a road right-of-way or easement does not necessarily mean the center of the physical location of the road. (Ord. 186, 2003)

17.06.490 Church.

“Church” means a land use that is used for the purposes of conducting religious services. Whether or not any reference is made, a church includes all other places of worship. (Ord. 186, 2003)

17.06.500 Civic center.

“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. (Ord. 186, 2003)

17.06.510 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 Etna. (Ord. 186, 2003)

17.06.520 Clinic.

“Clinic” means a land use which is established for the purposes of providing a health or lifestyle related service. (Ord. 186, 2003)

17.06.530 Combining district, combining zone.

“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. (Ord. 186, 2003)

17.06.540 Commercial.

“Commercial” means a use related to commerce and the production of revenue or income. (Ord. 186, 2003)

17.06.550 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. 186, 2003)

17.06.560 Conditional use permit.

“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. (Ord. 186, 2003)

17.06.570 Condominium.

“Condominium” means as defined in California Civil Code Section 783 et al. In general, it is a multiple-family residential land use in which each of the dwelling units may be individually owned. (Ord. 186, 2003)

17.06.580 Construction.

“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. (Ord. 186, 2003)

17.06.590 Consumer service.

“Consumer service” means a business which derives its principal revenue from offering an intangible product for sale, or provides a service. (Ord. 186, 2003)

17.06.600 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. 186, 2003)

17.06.610 Corner lot.

“Corner lot” means a lot that has two or more parcel lines contiguous to a public street. (Ord. 186, 2003)

17.06.620 Customer area.

“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. 186, 2003)

17.06.630 Date of the 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. 186, 2003)

17.06.640 Day-care center, family day-care home.

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 eight children, including children who are members of the provider’s family.

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 12 children, including children who are members of the provider’s family.

D. “Adult 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. (Health and Safety Code Section 1596) (Ord. 186, 2003)

17.06.650 Dead storage.

“Dead storage” means the keeping of a motor vehicle including recreation vehicle, travel trailer, trailer, or mobile home so that it cannot be inhabited. (Ord. 186, 2003)

17.06.660 Density.

“Density” means either of the following:

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

B. For nonresidential development, “density” means the percentage of lot coverage. (Ord. 186, 2003)

17.06.670 Density bonus.

“Density bonus” means a discretionary approval of up to 35 percent more residential units for a proposed residential project based on meeting the criteria of this code (California Government Code Section 65915). (Ord. 216 § 3 (Att. A), 2015; Ord. 186, 2003)

17.06.680 Density, gross.

“Gross density” means the total number of dwelling units per acre based on the minimum lot size or dwelling counting the square feet of the base zone using the total acreage of the undeveloped site before streets or other dedications are provided. (Ord. 186, 2003)

17.06.690 Density, net.

“Net density” means the number of dwelling units per acre based on calculating the acreage of developed lots, excluding street area and other dedications. (Ord. 186, 2003)

17.06.700 Density transfer.

“Density transfer” means the exchanging of permitted density within a proposed development so that the number of parcels or lots created are equal to the number permitted by the general plan, but individual lots or parcels are potentially smaller than the minimum parcel size designation. (Ord. 186, 2003)

17.06.710 District.

“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. 186, 2003)

17.06.720 Downtown.

“Downtown” means as defined by the C-1 zone district. (Ord. 186, 2003)

17.06.730 Duplex.

“Duplex” means a dwelling unit that consists of two independent units that are attached. (Ord. 186, 2003)

17.06.740 Dwelling.

“Dwelling” means any building or portion thereof designed or used for habitation or 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 dwelling units.

C. “Dwelling, multiple-family” (or triplex for three units; fourplex for four units; or multiple-family residential as defined) means any building or portion thereof which contains three or more dwelling units. “Dwelling, multiple-family” means the same as “multiple-family residential.” (Ord. 186, 2003)

17.06.750 Dwelling unit.

“Dwelling unit” means a single residential unit designed for human habitation. (Ord. 186, 2003)

17.06.760 Easement.

“Easement” means any legal right defined as an easement in California Code of Civil Procedure Section 800 et al. Generally, an easement is a right to the use of another’s land. (Ord. 186, 2003)

17.06.770 Electrical/electronic component assembly.

“Electrical/electronic component assembly” means an industrial use in which the manufactured goods are assembled from components manufactured elsewhere. (Ord. 186, 2003)

17.06.780 Electrical/electronic component manufacturing.

“Electrical/electronic component manufacturing” means an industrial use in which components for use in electronic equipment are manufactured from raw materials. (Ord. 186, 2003)

17.06.785 Emergency shelter.

“Emergency shelter” 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. 216 § 3 (Att. A), 2015)

17.06.790 Encroachment permit.

Encroachment permit means a permit issued by a government agency to allow private work within publicly owned property. (Ord. 186, 2003)

17.06.800 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 or 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. (Ord. 186, 2003)

17.06.810 Exterior side yard.

“Exterior side yard” means the required setback area on any corner lot from other than the front property line contiguous to a public street. (Ord. 186, 2003)

17.06.820 Family.

“Family” means a group of individuals living together as a housekeeping unit sharing a dwelling unit. Clients of a group home subject to Health and Safety Code Section 1501 are not deemed a family for purposes of this title. (Ord. 216 § 3 (Att. A), 2015; Ord. 186, 2003)

17.06.830 Fence, wall.

“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 of property. Fences for the purpose of this chapter includes walls, hedges, and screen plantings. (Ord. 186, 2003)

17.06.840 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. 186, 2003)

17.06.850 Floodplain.

“Floodplain” means the same as defined by the United States Federal Emergency Management Agency (FEMA) or its successor agency. (Ord. 186, 2003)

17.06.860 Garage.

“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. (Ord. 186, 2003)

17.06.870 Garage sale.

A “garage sale” means a garage, yard, lawn, patio or similar type sale held anywhere on the premises in any residential zone for the purpose of disposing of personal property. (Ord. 186, 2003)

17.06.880 General plan.

“General plan” means the city of Etna general plan as currently adopted including all amendments. (Ord. 186, 2003)

17.06.890 General vicinity, proximity.

“General vicinity” or “proximity” means the parcels of land surrounding or near a subject property which have the potential to be affected by the proposed land use or land usage of the subject property. General vicinity or proximity cannot be defined by a specific distance or direction in that one type of land use may impact a greater area than another type of land use. (Ord. 186, 2003)

17.06.900 Government Code.

“Government Code” means the California Government Code. (Ord. 186, 2003)

17.06.910 Gross floor area.

“Gross floor area” means the total square footage of a structure as measured around the exterior perimeter including any nonwalled areas under roof and any outside storage or sales areas. (Ord. 186, 2003)

17.06.920 Gross land area.

“Gross land area” means the area of the parcel exclusive of any required public dedication. (Ord. 186, 2003)

17.06.930 Group care home.

“Group care home” means a facility licensed by the state pursuant to California Health and Safety Code Section 1501 et seq.

A. “Small group care home” means a residential facility for the care and housing of six or fewer persons which may be developmentally disabled, seniors, or alcoholics in recovery, and other similar facilities licensed by the state. The state has determined that six or fewer is considered to be a residential use.

B. “Large group care home” means a residential facility for the care and housing of seven or more persons which may be developmentally disabled, seniors, or alcoholics in recovery, and other similar facilities licensed by the state. (Ord. 216 § 3 (Att. A), 2015; Ord. 186, 2003)

17.06.940 Health and Safety Code.

“Health and Safety Code” means the California Health and Safety Code, also written H&S. (Ord. 186, 2003)

17.06.950 Height.

“Height” means the vertical distance from the average base elevation to the highest point on the structure, excluding chimneys, antennas, and similar nonstructural elements. Average base elevation is determined by taking the elevation of the lowest point at the ground, and the elevation of the highest point at the ground, and finding the average. This definition is not intended to preclude applicable usage of the definition in the California Building Code. (Ord. 186, 2003)

17.06.960 Heliport.

“Heliport” means “airport” as defined in EMC 17.06.160. (Ord. 186, 2003)

17.06.970 Highway.

“Highway” means a state route as defined by the State of California Department of Transportation, CALTRANS. (Ord. 186, 2003)

17.06.980 Home-based business.

“Home-based business” means a business located in a home that is subservient to the use of the dwelling as a residence, and meets the requirements of EMC 17.34.030. (Ord. 186, 2003)

17.06.990 Hospital.

“Hospital” means a land use in which intensive and general medical care is provided for patients on an emergency, in- and out-patient basis. (Ord. 186, 2003)

17.06.1000 Hotel.

“Hotel” means a land use in which there are six or more rooms for transient occupancy. Motel and hotel are synonymous. (Ord. 186, 2003)

17.06.1010 Household pets.

“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. (Ord. 186, 2003)

17.06.1020 Inn.

See EMC 17.06.270, Bed and breakfast inn. (Ord. 186, 2003)

17.06.1030 Indemnification.

“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. (Ord. 186, 2003)

17.06.1040 Interior side yard.

“Interior side yard” means the required setback area from any property line between two parcels neither of which are public streets. (Ord. 186, 2003)

17.06.1050 Intermittent.

“Intermittent” means coming and going at intervals; not continuous. (Ord. 186, 2003)

17.06.1060 Intensity.

“Intensity” means the same as “building intensity” as described in the Etna general plan. (Ord. 186, 2003)

17.06.1070 Industry.

“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. (Ord. 186, 2003)

17.06.1080 Junk.

“Junk” means, and is not limited to, trash; refuse; paper; glass; cans; bottles; rags; ashes; trimming from lawns, yards, trees, and shrubbery, including plants and leaves; and other solid waste or salvageable materials other than garbage; inoperable appliances, parts, tools; inoperable and unregistered vehicles; vehicle parts; vehicle hulks; discarded furniture; dirt; rocks; and materials from the demolition, alteration or construction of buildings or structures, unless such dirt, rocks, or other materials from demolition, alteration or construction are being used for purposes of fill. (Ord. 186, 2003)

17.06.1090 Junkyard.

“Junkyard” means a place in which junk (as defined in EMC 17.06.1080), salvaged materials or products, scrap, or other waste materials are stored, broken up, dismantled, sorted, distributed, or sold privately or commercially. (Ord. 186, 2003)

17.06.1100 Kennel.

“Kennel” means a land use where four or more dogs four months or older and/or four cats six weeks or older are bred, raised, trained, or boarded. (Ord. 186, 2003)

17.06.1110 Landfill.

“Landfill” means a parcel of land that is used for the storage of solid waste. Landfill classifications are determined by the Central Valley Regional Water Quality Control Board. In general terms, a Class I landfill is for toxic and hazardous waste; Class II for municipal solid waste, designated waste, and certain commercial and industrial waste; Class III is unclassified nonhazardous waste, such as building materials. (Ord. 186, 2003)

17.06.1120 Landscaping.

“Landscaping” means the replacement of developed or excavated areas of a parcel with introduced new living vegetation, shrubbery, trees, ground cover and combinations thereof. (Ord. 186, 2003)

17.06.1130 Large animals.

“Large animals” shall mean any animal other than a household pet which is usually kept out of doors; including but not limited to emu, horses, cattle, llamas, goats, swine, ostriches, and fowl including chickens, turkeys, geese and ducks. (Ord. 186, 2003)

17.06.1140 Legal description.

“Legal description” means the terminology, words, mapping, or language contained in a deed or other document describing the location of a parcel of land or location of an easement. (Ord. 186, 2003)

17.06.1150 Livestock.

“Livestock” means domestic farm animals such as cattle, sheep, swine, horses, goats, donkeys, mules, burros, rabbits, poultry (including all domesticated fowl and wild birds reduced to captivity), and exotic animals such as American bison, llamas, and similar animals being raised under conditions similar to other domestic farm animals. (Ord. 186, 2003)

17.06.1160 Living area.

“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. (Ord. 186, 2003)

17.06.1170 Lot.

“Lot” means a legally established parcel of land mapped or otherwise described. (Ord. 186, 2003)

17.06.1180 Lot coverage.

“Lot coverage” means the percent of lot area covered by all building footprints. (Ord. 186, 2003)

17.06.1190 Lot depth.

“Lot depth” means the average distance from the property line fronting a road or road easement to the rear or opposite property line. (Ord. 186, 2003)

17.06.1200 Lot frontage.

“Lot frontage” means the width of the lot fronting on a road or private road easement, measured along the property line. (Ord. 186, 2003)

17.06.1210 Lot line.

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

A. “Front lot line” is the property line along the road or road 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. 186, 2003)

17.06.1220 Lot line adjustment.

“Lot line adjustment” means a change in the location of a parcel or lot line pursuant to EMC Title 16, Subdivisions, that changes the location of a parcel of land. No new parcels shall be created by a lot line adjustment. (Ord. 186, 2003)

17.06.1230 Lot width.

“Lot width” means the distance from one side property line to the other side property line measured along the building set back line. (Ord. 186, 2003)

17.06.1240 Mitigation monitoring and reporting program.

“Mitigation monitoring and reporting program (MMRP)” means a program adopted in conformance with the Public Resources Code and city of Etna CEQA Guidelines. The MMRP is adopted as a set of development standards, phasing specifications, and reporting requirements used to carry out adopted environmental mitigation measures for a project. (Ord. 186, 2003)

17.06.1250 Mobile home.

“Mobile home” means H.U.D. standard manufactured housing, or a nonpermanent shelter as defined in the California Vehicle Code. (Ord. 186, 2003)

17.06.1260 Mobile home park.

“Mobile home park” is any area or tract of land where two or more mobile home lots (spaces) are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of residential ownership, to accommodate manufactured homes or mobile homes used for human habitation. (Ord. 186, 2003)

17.06.1270 Modular house, factory-built house.

“Modular house” and “factory-built house” means a house built in components to the standards of the California Building Code at a location other than the site upon which the house is delivered and installed. (Ord. 186, 2003)

17.06.1280 Motel.

“Motel” means a land use in which there are six or more rooms for transient occupancy. Motel and hotel are synonymous. (Ord. 186, 2003)

17.06.1290 Multiple-family residential.

“Multiple-family residential” means a group of attached dwelling units (three or more) within one structure. Also see EMC 17.06.180. (Ord. 186, 2003)

17.06.1300 Net land area.

“Net land area” means the area or land remaining after any required public dedication. (Ord. 186, 2003)

17.06.1310 Nonconforming building or use.

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.

D. “Grandfathered” means the same as “legally existing” as described in subsection (C) of this section. (Ord. 189 § C, 2003; Ord. 186, 2003)

17.06.1320 Nursery.

“Nursery” means a business which is primarily engaged in the raising, propagation, growth, or sales of vegetation, plants and supplies. (Ord. 186, 2003)

17.06.1330 Occupancy.

“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. (Ord. 186, 2003)

17.06.1340 Off-site.

“Off-site” means an improvement or other reference concerning a proposed project or subject property which is not located on the parcel under discussion. (Ord. 186, 2003)

17.06.1350 On-site.

“On-site” means an improvement or other reference concerning the subject property under discussion. (Ord. 186, 2003)

17.06.1360 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. Club houses, recreation buildings, pools, saunas, interior walkways, paths and similar amenities may be included in open space. (Ord. 186, 2003)

17.06.1370 Parcel, lot.

“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. (Ord. 186, 2003)

17.06.1380 Park, playground.

“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. (Ord. 186, 2003)

17.06.1390 Parking area.

“Parking area” means the paved portion of a parcel which is developed for the storage of customer vehicles while the occupants of the vehicles are using the facilities. (Ord. 186, 2003)

17.06.1400 Permit.

“Permit” means an authorization to proceed issued by the city for a specific activity. (Ord. 186, 2003)

17.06.1410 Planned development.

“Planned development” means one or more of the following:

A. A project which is to be constructed over a period of time exceeding one year (except for mineral extraction), or in phases;

B. A project in which parcel sizes are proposed to be smaller than the minimum parcel size permitted by this code, but the density of the general plan will not be exceeded. (Ord. 186, 2003)

17.06.1420 Planned unit development.

“Planned unit development” means a subdivision generally consisting of parcel sizes smaller than those permitted under the terms of this code, in which the parcel owner owns both the structure and the land under the structure, and is a member of a property owner association holding title to common area. (Ord. 186, 2003)

17.06.1430 Professional office.

“Professional office” means a nonretail or commercial wholesale activity. (Ord. 186, 2003)

17.06.1440 Property line.

“Property line” is a legal boundary of parcel of land. (Ord. 186, 2003)

17.06.1450 Public agency.

“Public agency” means a political subdivision, federal, state, or local government or its departments, or governmental jurisdictions or districts. (Ord. 186, 2003)

17.06.1460 Public Resources Code.

“Public Resources Code” means the California Public Resources Code, also written PRC. (Ord. 186, 2003)

17.06.1470 Public right-of-way.

“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. (Ord. 186, 2003)

17.06.1480 Public services.

“Public services” means services needed for development of a parcel of land. This may include, and is not limited to, electricity, access, water, sewage disposal, and telecommunications. (Ord. 186, 2003)

17.06.1490 Public utility.

“Public utility” means a public or private business which provides a general service to the public, such as telecommunications, electricity, water, or other services. (Ord. 186, 2003)

17.06.1500 Recreation vehicle park.

“Recreational vehicle park” means any area or tract of land or a separate section within a mobile home park, where two or more lots or spaces are rented or leased or held out for rent, or lease to owners or users of recreational vehicles or tents. (Ord. 186, 2003)

17.06.1510 Recreation vehicle storage.

“Recreation 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. (Ord. 186, 2003)

17.06.1520 Residential equivalent unit (household equivalent).

“Residential equivalent unit” means a comparison which uses the intensity of a single-family residence as the base for data. (Ord. 186, 2003)

17.06.1530 Rooming house.

See Boarding house, EMC 17.06.300. (Ord. 186, 2003)

17.06.1540 School.

“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. (Ord. 186, 2003)

17.06.1550 Secondary housing unit.

“Secondary housing unit” means “accessory dwelling.” (Ord. 186, 2003)

17.06.1555 Senior care facility.

“Senior care facility” means a facility licensed by the state as defined in California Health and Safety Code Section 1569.2. (Ord. 216 § 3 (Att. A), 2015)

17.06.1560 Shopping center.

“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. (Ord. 186, 2003)

17.06.1570 Sight distance.

See Vision clearance, EMC 17.06.1660. (Ord. 186, 2003)

17.06.1580 Sign.

“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. Sign also includes on-site and off-site devices and structures. (Ord. 186, 2003)

17.06.1585 Single-room occupancy housing.

“Single-room occupancy (SRO) housing” means a type of residential hotel offering one-room units for long-term occupancy by one or two people. The unit may have a kitchen or bath facilities, but not both in the same room. (Ord. 216 § 3 (Att. A), 2015)

17.06.1590 Specific plan area.

“Specific plan area” means an area of the city for which a specific plan has been adopted pursuant to Title 7, Division 1 of the Government Code. (Ord. 186, 2003)

17.06.1600 Structure.

“Structure” means shelter, building, dwelling unit, or other physical development upon the land to house, protect, store, or cover persons or things. (Ord. 186, 2003)

17.06.1605 Supportive housing.

“Supportive housing” means housing with no limit on length of stay, that is occupied by the target populations as defined by California Government Code Section 65582(g), and that is linked to on-site or off-site 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. 216 § 3 (Att. A), 2015)

17.06.1610 Temporary.

“Temporary” means less than one calendar year, unless otherwise defined in a section of this code for a greater or lesser period or in a permit authorizing the activity. (Ord. 186, 2003)

17.06.1620 Temporary use.

“Temporary use” means a land use defined as accessory to a permitted or conditional land use which may occur on a parcel of land for a period that shall not exceed 12 calendar months. Some provisions of this code may provide more precise land use standards for longer or shorter temporary uses in accordance with the provision of the applicable section of this code. In no case, shall a temporary use be permitted for any period to exceed a total of 24 calendar months unless overall public health and safety are clearly demonstrated to the commission at the time of initial issuance. (Ord. 186, 2003)

17.06.1630 Transient occupancy.

“Transient occupancy” means paying guests occupying a dwelling unit, room or space for periods of less than 30 days. (Ord. 186, 2003)

17.06.1635 Transitional housing.

“Transitional housing” means buildings 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 from the beginning of the assistance. (Ord. 216 § 3 (Att. A), 2015)

17.06.1640 Use.

“Use” means the activity that takes place on a parcel of land. (Ord. 186, 2003)

17.06.1650 Variance.

“Variance” means a discretionary entitlement which permits the departure from the strict application of the development standards contained in this development code. (Ord. 186, 2003)

17.06.1660 Vision clearance.

“Vision clearance” means a setback from the intersection of a road, driveway, or other access with another road, driveway or access, in which objects or structures may not be constructed if such blocks or inhibits sight distance. The distance indicated as the visual clearance is the linear distance in feet commencing at the point where the two roads meet going to both the left and right on the main road, and from the main road back on the driveway or road that intersects the main road. The setback forms a triangle from the intersection. (Ord. 186, 2003)

17.06.1670 Yard.

“Yard” means the area between a property line and structures on residential lots. (Ord. 186, 2003)

17.06.1680 Yard sale.

“Yard sale” or “garage sale” means a temporary noncommercial market that is established for an individual or group of individuals to sell used merchandise or belongings. (Ord. 186, 2003)

17.06.1690 Zero lot line.

“Zero lot line” means the location of a structure on a lot in such a manner that one or more of the structure’s sides rest directly on a lot line. (Ord. 186, 2003)

17.06.1700 Zone district.

“Zone district” means a land classification whereby the city is divided into separate areas based on existing or proposed land use. (Ord. 186, 2003)