Chapter 17.02 DEFINITIONS

Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word “building” includes the word “structure,” and the word “shall” is mandatory and not directory. The term city council means the city council of Folsom, and planning commission means the planning commission of Folsom. The word “city” means the incorporated area of the city of Folsom. (Prior code § 3104.01)

17.02.020 Accessory building.

“Accessory building” means a detached subordinate building, the use of which is incidental to that of the main building on the same lot, or to the use of the land. (Prior code § 3104.02)

17.02.030 Accessory use.

“Accessory use” means a use or building incidental or subordinate to the principal use of building located upon the same lot. (Prior code § 3104.03)

17.02.040 Agency.

“Agency” means an office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere. (Prior code § 3104.04)

17.02.050 Alley.

“Alley” means a public or permanent private way or lane less than 36 feet in width which affords a secondary means of access to abutting property. (Prior code § 3104.05)

17.02.060 Apartment house.

“Apartment house” means any building or portion thereof which is designed and built for occupancy by three or more families. (Prior code § 3104.06)

17.02.070 Basement.

“Basement” means a space partly or wholly underground and having more than one-half its height, measured from its floor to its finished ceiling, below the average adjoining grade. If the finished floor level directly above a basement is more than six feet above grade at any point, such basement shall be considered a story. (Prior code § 3104.10)

17.02.080 Boarding house.

“Boarding house” means a residence or dwelling, other than a hotel or state-licensed small group home, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence. (Ord. 1105 § 2 (part), 2008: prior code § 3104.11)

17.02.090 Building.

“Building” means any structure having a roof supported by columns and/or by walls and intended for the housing or shelter of any person, animal or chattel. (Prior code § 3104.12)

17.02.100 Building coverage.

“Building coverage” means the land area covered by all buildings on a lot, including all projections except eaves. (Prior code § 3104.13)

17.02.110 Building height.

“Building height” means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof, ridge or parapet wall. (Prior code § 3104.14)

17.02.120 Building site.

“Building site” means the land area occupied or capable of being covered by all structures permissible under this title. (Prior code § 3104.15)

17.02.125 Community development director/community development department.

“Community development director” means the director of the department of planning, inspections and permitting. “Community development department” means the department of planning, inspections and permitting. (Ord. 858 § 2 (part), 1997)

17.02.127 Covered parking space.

“Covered parking space” means a fully enclosed parking structure consisting of exterior materials, colors, and an architectural design that match the primary residence. The space shall be directly accessible from a street, paved driveway, or maneuvering area along a paved surface or similar hardscape as specified in Section 17.57.080. (Ord. 1187 § 2, 2013)

17.02.128 Day care center.

“Day care center” means any child care facility of any capacity, other than a small family day care home or a large family day care home, in which less than twenty-four-hour-per-day nonmedical care and supervision are provided to children in a group setting operating under a license from the California Department of Social Services under the standards of state law. (Ord. 1218 § 2, 2015)

17.02.130 Dwelling.

“Dwelling” means a building designed for and/or occupied by one or more persons of a family. (Prior code § 3104.21)

17.02.140 Dwelling group.

“Dwelling group” means two or more detached one- or two-family dwellings, other than a commercial tourist or motor court, located upon a building site, together with all open spaces as required by this title. (Prior code § 3104.20)

17.02.150 Dwelling, multiple-family.

“Multiple-family dwelling” means a building designed and/or used to house three or more families, living independently of each other, including all necessary employees of each such family. (Prior code § 3104.24)

17.02.160 Dwelling, two-family.

“Two-family dwelling” means a building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each such family. (Prior code § 3104.23)

17.02.170 Dwelling unit.

“Dwelling unit” means a building or part of a building designed for one family, and containing one kitchen. (Prior code § 3104.25)

17.02.180 Family.

“Family” shall mean one person living alone or two or more persons living together in a dwelling unit with common access to, and common use of, all living, kitchen, and eating areas within the dwelling unit. (Ord. 1144 § 3 (part), 2011: prior code § 3104.26)

17.02.190 Garage, commercial.

“Commercial garage” means a building, other than private garage used for the parking, repair or servicing of motor vehicles. (Prior code § 3104.31)

17.02.200 Garage, parking.

“Parking garage” means a public garage designed and/or used on a commercial basis for the storage only of vehicles. (Prior code § 3104.32)

17.02.210 Garage, private.

“Private garage” means an accessory building or portion of a building, designed and/or used only for the shelter or storage of vehicles by the occupants of the dwelling, including covered parking space or carport. (Prior code § 3104.30)

17.02.220 Helicopter port.

“Helicopter port” means land improved and intended to be used for the landing and taking off of helicopters or vertical flying aircraft. (Prior code § 3104.35)

17.02.230 Home occupation.

“Home occupation” means any business related use carried on within a dwelling or accessory structure thereto, primarily by the inhabitants thereof, which use is secondary to the residential use of the dwelling. The home occupation must not substantially or materially change the residential character of the surrounding neighborhood. (Ord. 804 § 1 (part), 1994: prior code § 3104.36)

17.02.240 Hotel.

“Hotel” means any building or portion thereof containing 6 or more guest rooms used or intended or designed to be used, let or hired out to be occupied or which are occupied by 6 or more guests, whether the compensation for hire be paid directly or indirectly in money, goods, wares, merchandise, labor or otherwise and includes hotels, lodging and rooming houses, dormitories, turkish baths, bachelor hotels, studio hotels, public and private clubs and any such building of any nature whatsoever so occupied, designed or intended to be so occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint. (Prior code § 3104.37)

17.02.250 Junk yard.

“Junk yard” means any area of 200 square feet or more used for the storage of junk or scrap materials, or for the wrecking or dismantling of automobiles or other vehicles or machinery. (Prior code § 3104.40)

17.02.255 Large family day care home.

“Large family day care home” means a family day care home under Section 1597.465 of the Health and Safety Code, as amended from time to time, providing care for more than eight children and up to and including fourteen children operating with a license from the California Department of Social Services under the standards of state law, for periods of less than twenty-four hours per day while the children’s parents or guardians are away. Large family day care homes do not require a use permit but require an administrative permit (refer to Chapter 5.100 for the administrative permit requirements). (Ord. 1218 § 3, 2015)

17.02.260 Lot.

“Lot” means a parcel of land under one ownership used or capable of being used under the regulations of this title, and including both the building site and all required yards and other open spaces and frontage as defined herein. (Prior code § 3104.41)

17.02.270 Lot, corner.

“Corner lot” means a lot located at the junction of 2 or more intersecting streets, with a boundary line bordering on each of such streets. The shortest such street frontage constitutes the front of the lot. (Prior code § 3104.42)

17.02.280 Lot width.

“Lot width” means the distance between side lot lines measured at the front yard building line. (Prior code § 3104.43)

17.02.281 Microbrewery.

“Microbrewery” means an alcoholic beverage manufacturing facility that produces fifteen thousand barrels of beer per year or less on site in accordance with a valid alcohol production license from the state of California, and may include an on-site restaurant and/or bar that serves its locally crafted beer. (Ord. 1236 § 2, 2015)

17.02.285 Mobilehome.

A mobilehome is a structure which is transportable in 1 or more sections and designed for human habitation or occupancy. A mobilehome does not include a recreation vehicle as defined in the Vehicle Code of the state. A mobilehome also includes a manufactured home. (Ord. 445 Exh. A (part), 1981)

17.02.290 Nonconforming building.

“Nonconforming building” means a building or structure or portion thereof lawfully existing at the time this title became effective, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located. (Prior code § 3104.45)

17.02.330 Parking lot.

“Parking lot” means an area of land, a yard or other open space lot used for or designed for use by standing motor vehicles. A parking lot or parking area includes the parking space, maneuvering area and related landscape areas. (Ord. 509 § 1, 1983: prior code § 3104.50)

17.02.340 Parking space.

“Parking space” means land or space, covered or uncovered, laid out for, surfaced and used or designed for use by a standing motor vehicle, that is directly accessible from a street, driveway or maneuvering area as specified in Section 17.57.080. (Ord. 509 § 2, 1983: prior code § 3104.51)

17.02.343 Planning director/planning department.

“Planning director” means the director of the department of planning, inspections and permitting. “Planning department” means the department of planning, inspections and permitting. (Ord. 858 § 2 (part), 1997)

17.02.345 Real estate tract sales office.

“Real estate tract sales office” means a residential structure or a portion thereof which is utilized on a temporary basis as an office for the first-time sale or rental of newly constructed dwellings or dwelling units which are situated within the subdivision in which the office is located. Advertising signs located upon the lot or parcel upon which the office is located are also permitted, provided that the sign or signs (wall and/or freestanding) shall not exceed 6 square feet in area nor 4 feet in height and shall be in addition to those permitted under Section 17.58.090. No more than 1 office permitted under Section 17.58.090 shall be permitted within any subdivision unit and the use shall be discontinued as soon as all lots or parcels within the subdivision have been sold or rented. Ten days prior to the opening of a real estate tract sales office, the selling agency shall notify the planning department of the city of the location of the real estate tract sales office it intends to use, the name of the subdivision which it serves and furnish a description of the size, location, color and wording of its proposed advertising signs. (Ord. 567 § 1, 1986)

17.02.350 Service station.

“Service station” means a retail business establishment supplying gasoline and oil, and minor accessories and services for automobiles. (Prior code § 3104.60)

17.02.360 Setback line.

“Setback line” means a line established by this title to govern the placement of buildings with respect to streets and alleys. This section governs setback lines on the particular streets and public ways set forth herein:

A. Along Prairie City Road, between the intersections of U.S. Highway #50 and Bidwell Street, sixty-two feet from centerline of Prairie City Road in R-1, R-2, R-3, and R-4 districts; and ninety-two feet from centerline in all other zonings;

B. Along Bidwell Street from the intersection of Riley Street to the most easterly city limits, sixty-two feet from centerline of Bidwell Street in R-1, R-2, R-3, and R-4 districts; and ninety-two feet from centerline in all other zonings;

C. Along Natoma Street, from Stafford Street to the most easterly city limits, sixty-two feet from the centerline of Natoma Street in R-1, R-2, R-3, and R-4 districts, and ninety-two feet from the centerline in all other zonings;

D. Along Baldwin Dam Road, its entire length, sixty-two feet from centerline of Baldwin Dam Road in R-1, R-2, R-3, and R-4 districts, and ninety-two feet from centerline in all other zonings;

E. Along Folsom-Auburn Road, its entire length within the city, one hundred feet from centerline of Folsom-Auburn Road, in all zonings;

F. Along Oak Avenue, its entire length within the city, sixty-two feet from centerline in R-1, R-2, R-3, and R-4 zonings and ninety-two feet from centerline in all other zonings. (Ord. 1246 § 2, 2015: Ord. 275 § 1, 1971: prior code § 3104.61)

17.02.370 Servants’ quarters.

“Servants’ quarters” means a secondary dwelling or apartment without any kitchen facilities designed for and used only by persons or the families of persons regularly employed on the property. (Prior code § 3104.62)

17.02.380 Stable, commercial.

“Commercial stable” means a stable for horses to be let, hired or used on a commercial basis. (Prior code § 3104.63)

17.02.390 Stable, private.

“Private stable” means a stable for horses to be used by the owners thereof. (Prior code § 3104.64)

17.02.400 Structure.

“Structure” means anything constructed or erected upon the ground or attached to a structure having location on the ground. (Prior code § 3104.65)

17.02.410 Story.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the top-most floor and the ceiling or roof thereof. If the finished floor level directly above the basement is more than six feet above grade at any point, such basement shall be considered a story. (Prior code § 3104.66)

17.02.420 Street.

“Street” means a public or permanent private way thirty-six feet or more in width which affords a primary means of access to property. (Prior code § 3104.67)

17.02.430 Structural alterations.

“Structural alterations” means any change in the supporting members of a building, as bearing walls, columns, beams or girders and the floor joists, ceiling joists or roof rafters. (Prior code § 3104.68)

17.02.435 Surface mining operations, reclamation and related definitions.

The following definitions shall apply to surface mining and reclamation under Chapter 17.97:

A. “Exploration” or “prospecting” means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to: sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.

B. “Mined lands” means the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

C. “Minerals” means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

D. “Mining waste” means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other material or property directly resulting from or displaced by surface mining operations.

E. “Operator” means any person who is engaged in surface mining operations himself, or who contracts with others to conduct operations on his behalf.

F. “Overburden” means soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.

G. “Permit” means a use permit issued under Chapter 17.60.

H. “Person” means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.

I. “Reclamation” means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

J. “State Board” means the State Mining and Geology Board, in the Department of Conservation, State of California.

K. “State Geologist” means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.

L. “Surface Mining and Reclamation Act of 1975” or “the Act” means California Public Resources Code Section 2710 et seq.

M. “Surface mining operations” means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:

1. In-place distillation, retorting or leaching.

2. The production and disposal of mining wastes.

3. Prospecting and exploratory activities. (Ord. 527 § 1, 1984)

17.02.440 Tourist court.

“Tourist court” means a group of buildings designed for use by tourists or transients with living or sleeping rooms, garages, parking spaces and related facilities advertised or offered on a commercial basis, including an auto court and motor court. (Prior code § 3104.70)

17.02.450 Trailer.

“Trailer” means a vehicle designed, equipped and/or used as a dwelling or for living or sleeping purposes. (Prior code § 3104.71)

17.02.460 Trailer court.

“Trailer court” means a lot or parcel of land used or designed or intended to be used for the accommodation of two or more trailers. (Prior code § 3104.72)

17.02.470 Yards.

“Yards” means land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building site. (Prior code § 3104.80)

17.02.480 Yard, front.

“Front yard” means a yard extending across the full width of the lot measured between the street line (or the lot line connected to a street by legal access) and the nearest line of the main building or enclosed or covered porch. The front yard of a corner lot is the yard adjacent to the shorter street frontage. (Prior code § 3104.81)

17.02.490 Yard, rear.

“Rear yard” means a yard extending between the side yards of the lot and measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot. (Prior code § 3104.82)

17.02.500 Yard, side.

“Side yard” means a yard on either side of the lot extending from the front yard to the rear lot line, the width of each yard being measured between the side line of the lot and the nearest part of the main building or enclosed porch. (Prior code § 3104.83)

17.02.510 Group home.

“Group home” shall mean a dwelling unit licensed or supervised by any federal, state, or local health/welfare agency that provides twenty-four-hour care of unrelated persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. (Ord. 1144 § 2 (part), 2011)

17.02.520 Single room occupancy units.

“Single room occupancy (SRO) units” shall mean multi-unit housing that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors or be available to persons of all ages. Subsidized versions may be supervised by a governmental housing agency. (Ord. 1144 § 2 (part), 2011)

17.02.525 Small family day care home.

“Small family day care home” means a family day care home providing care for up to eight children and operating with a license from the California Department of Social Services under the standards of state law. (Ord. 1218 § 4, 2015)

17.02.530 Supportive housing.

“Supportive housing” shall mean housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section 50675.14, 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. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 1144 § 2 (part), 2011)

17.02.540 Transitional housing.

“Transitional housing” shall mean rental housing 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, and in no case more than two years. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. (Ord. 1144 § 2 (part), 2011)