Chapter 17.37 DEFINITIONS

Chapter 17.37
DEFINITIONS

Sections:

17.37.020 General rules for construction of language.

17.37.010 Purpose and applicability.

To promote consistency and precision in the interpretation of the zoning ordinance. The meaning and construction of words and phrases as set forth shall apply throughout the zoning ordinance, except where the context of such words and phrases clearly indicates a different meaning or construction. Definitions contained in the currently adopted California Building Standards Code as referenced in Section 15.04.010 shall be applicable except when in conflict with definitions contained in the zoning ordinance, in which case the zoning ordinance definitions shall prevail. (Ord. 924 §45, 2020: Ord. 796 Att. A(part), 1999)

17.37.020 General rules for construction of language.

The following general rules of construction shall apply to the textual provision of the zoning ordinance.

A. Headings. Section and subsection headings contained herein shall be not deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the zoning ordinance.

B. Illustration. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control.

C. Shall and May. "Shall" is mandatory. "May" is discretionary or permissive.

D. Tenses and Numbers. Words used in the present tense include the future, and words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary.

E. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows.

1. "And" indicates that all connected items or provisions apply:

2. "Or" indicates that the connected items or provisions may apply singly or in any combination.

3. "Either ... or" indicates that the connected items or provisions shall apply singly but not in combination.

4. All public officials, bodies, and agencies to which reference is made are those of the city of Lakeport unless otherwise indicated. (Ord. 796 Att. A(part), 1999)

17.37.030 General terms.

A. "Uses permitted" means permitted without the requirement for a minor or major use permit but subject to all other applicable permits or regulations.

B. "Department" means the community development department.

C. "City" means the city council of the city of Lakeport.

D. "Commission" or "planning commission" means the planning commission of the city of Lakeport.

E. "Federal" means the Government of the United States of America.

F. "State" means the state of California.

G. "Used" includes "arranged for," "designed for," "occupied," or "intended to be occupied for."

H. "General plan" means the city of Lakeport general plan.

I. "Director" means the community development director.

J. "Section" means a section of the zoning ordinance unless otherwise indicated.

K. "Chapter" means a chapter of the zoning ordinance unless otherwise indicated.

L. "Title" means Title 17 of the city municipal code unless otherwise indicated.

M. "Code" or "this code" means the municipal code of the city of Lakeport, state of California. (Ord. 796 Att. A(part), 1999)

17.37.040 Words and phrases.

For the purposes of this title, words and phrases used in this title shall be defined as follows:

"Abandonment" means the relinquishment of property, or a cessation of the use of the property by the owner for a period of one year or more.

"Abutting" means having a common boundary except that parcels having no common boundary other than a common corner shall not be considered abutting.

"Accessory" means incidental, appurtenant or subordinate to the principal use or structure on the same lot or parcel.

"Accessory residence" means a single-family dwelling or mobilehome for the use of the business operator, caretaker, or watchmen whether as a portion of the business building or as a separate structure.

"Accessory structure" means a structure containing no kitchen and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental, appropriate, and subordinate to the use of the principal building, or the principal use of the land; and

Structures accessory to uses permitted without first obtaining a use permit shall be constructed with, or subsequent to the construction of the principal structure or subsequent to activation of the principal use; and

Structures accessory to uses permitted by use permit shall be constructed with, or subsequent to activation of the principal use only if authorized by the permit. Otherwise, the addition of such accessory structures shall require either an amendment to the permit authorizing the principal use or a separate use permit.

"Accessory residence" means a single-family dwelling or mobilehome for the use of the business operator, caretaker, or watchman whether as a portion of the business building, or as a separate structure.

"Accessory structure" means a structure containing no kitchen and located upon the same lot or parcel as the principal use of structure to which it is an accessory. The structure is customary, incidental, appropriate, and subordinate to the use of the principal building, or the principal use of the land; and

Structures accessory to uses permitted by use permit shall be constructed with, or subsequent to the construction of the principal structure or subsequent to activation of the principal use only if authorized by the permit. Otherwise, the addition of such accessory structures shall require either an amendment to the permit authorizing the principal use or a separate use permit.

"Accessory use" means a use conducted upon the same lot or parcel as the principal use or structure to which it is an accessory. The use is customary, incidental, appropriate and subordinate to the use of the principal building, or the principal use of the land; and

Uses accessory to uses permitted without first obtaining a use permit shall be activated with, or subsequent to the construction of the principal structure or activation of the principal use.

Uses accessory to uses permitted by use permit shall be activated with, or subsequent to the construction of the principal structure or activation of the principal use only if authorized by the permit. Otherwise, the addition of such accessory uses shall require either an amendment to the permit authorizing the principal use or a separate use permit.

Accessory Uses and Structures, Agricultural. "Agricultural accessory uses and structures" means those uses and structures customarily incidental and subordinate to the agricultural use of the land including but not limited to: barns, storage shed, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation and crop protection equipment; the storage and use of fuels for heating buildings and operating farm equipment or appliances; water and wastewater treatment facilities and systems for private domestic use; permitted signs; and other accessory uses and structures which are determined by the community development department to be necessary, customary, and incidental to the agricultural use of the lot or parcel. "Accessory use, agricultural" shall not include residences of any kind or construction equipment storage yards.

Accessory Uses and Structures, Residential. "Residential accessory uses and structures" means those uses and structures customarily incidental and subordinate to the residential use of the land including but not limited to: private garages, children’s playhouses, patios, decks, fences, landings, porches, gazebos, outdoor gardens, storage sheds, radio and television antennas, private satellite dish antennas, solar panels, flag poles; private boat docks, boathouses, and boat ramps; private pools, tennis courts, spas and hot tubs; domestic animal keeping; water and wastewater treatment facilities and systems for private domestic use; permitted signs; the storage and use of fuels for heating buildings or for operating light equipment or household appliances; the parking of or temporary storage of fully operative automobiles, light trucks, boats, recreational vehicles, and motorcycles; and other accessory uses and structures which are determined by the community development director to be necessary, customary and incidental to the residential use of the lot or parcel. "Accessory use, residential" shall not include mobile storage trailers, storage structures or cargo boxes designed or once serving as commercial shipping or cargo containers, truck trailers or boxes; or the parking of tractor/trailers or separate tractors or cargo trailers.

Accessory Uses and Structures, Commercial. "Commercial accessory uses and structures" means those uses and structures customarily incidental and subordinate to the commercial use of the land including but not limited to: trash storage areas and bins; vending machines; six or less games/amusement devices and two or less pool tables occupying less than twenty-five percent of the net floor area of the principal use; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculpture, paintings and other works of art; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for operating appliances or equipment used within a building; water and wastewater treatment facilities and systems; incidental services such as cafeterias, storage facilities and garages, sales offices, showrooms and administrative offices, permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the community development director to be necessary, customary, and incidental to the commercial use of the land.

Accessory Uses and Structures, Industrial. "Industrial accessory uses and structures" means those uses, structures, and buildings customarily incidental and subordinate to the industrial use of the land including, but not limited to: loading and unloading facilities and equipment, parking areas and shipping terminals, water and wastewater treatment facilities and systems; incidental services such as cafeterias; storage facilities and garages, sales offices, showrooms and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for operating appliances or equipment used within a building; the storage and use of fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the community development director to be necessary, customary, and incidental to the industrial use of the land.

"Acre" means a measure of land area containing forty-three thousand five hundred sixty square feet unencumbered by any public or private street right-of-way or roadway easement except as provided herein.

"Addition" means any construction which increases the size of a building such as a porch, attached garage or carport, or new room or wing. An addition is a form of alteration.

"Agricultural use" means the tilling of soil, the raising of crops, horticulture, silviculture, viticulture, aviculture, aquaculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry.

"Agricultural processing" means the refinement, treatment, or packaging of agricultural products. Examples of agricultural processing include, but are not limited to: packing sheds, fruit dehydrators, cold storage houses, and hulling operations, and the storing, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form including all uses customarily incidental thereto. Agricultural processing shall not include wineries, or manufacturing of secondary products using agricultural products such as commercial kitchens, bakeries, breweries, and woodworking.

"Agricultural service establishment" means a commercial business principally established to serve farming or ranching activities and which relies on agriculture as its major means of support. Agricultural service establishments shall include blacksmiths or farriers; commercial harvesters, irrigation or crop sprayers; farm equipment repair services, and custom meat cutter.

"Airport" means any area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

"Airstrip" means any area of land or water used for the landing, take-off, or taxiing of aircraft.

"Alley" means a public or private thoroughfare which affords a secondary means of access to abutting property and not intended for general traffic circulation.

"Alteration" means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

"Animal husbandry" means the breeding, keeping, care and production of animals.

"Apartment" means a room or suite of rooms within a building but comprising an independent self-contained dwelling unit, with kitchen or cooking facilities, occupied or suitable for occupation as a residence for eating, living, and sleeping purposes.

"Apartment house" means any building or portion thereof containing three or more apartments or dwelling units. See "multifamily dwelling" or "multifamily dwelling group."

"Applicant" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks city permits and approvals.

"Appurtenant" means accessory to a principal use or structure on the same site.

"Aquaculture" means the culture of plants or animals in water.

"At one location" means all adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated by a public or private street, road, or other public or private right-of-way.

Automotive Repairs, Major. "Major automotive repairs" means repair or refurbishing of any motor vehicle including the dismantling of an engine by removal of the head or pistons; the removal of the transmission, rear end or major assembly of any motor vehicle. Painting, body, and fender work are excluded.

Automotive Repairs, Minor. "Minor automotive repairs" means limited repair of any motor vehicle including the sales and installation of tires or replacement of fluids or minor automotive parts including, but not limited to: spark plugs, belts, batteries, mufflers, tires, and wheels. Major automotive repair, painting, body, and fender work are excluded.

"Auto wrecking yards" means land used for dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of motor vehicles exceeding thirty days have not been capable of operating under their own power, or from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

"Average cross slope" means the average degree of deviation of the surface of a parcel of land from the horizontal, expressed as a percentage. The following formula shall be used to determine the average cross slope of any given parcel:

	S	=	.00229 (I) (L)
			A
where:	S	=	The average cross-slope of the ground in percent.
	I	=	The contour interval in feet.
	L	=	The combined length in feet of all contours on the parcel map.
	A	=	The area of the parcel in acres.

"Bar" means a structure or part of a structure used primarily for the sale or dispensing of liquor by the drink.

"Barn" means a building used for the shelter of livestock, the storage of agricultural products, the storage and maintenance of farm equipment or the storage of agricultural supplies.

"Bed and breakfast" means a commercial lodging use accessory to a principal dwelling further defined as two or less guest rooms located in the principal dwelling used, designated, or intended to be used, let or hired out for overnight sleeping accommodations.

"Bed and breakfast inn" means a commercial lodging use accessory to a principal use or as the principal use, and further defined as three to eight rooms or suites used, designated, or intended to be used, let, or hired out for overnight sleeping accommodations.

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

"Buildable area" means the net lot area minus any required minimum yard provided the maximum lot coverage is not exceeded.

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

Building Accessory. See "Accessory structure."

Building Envelope. See "Buildable area."

Building Height. See "Maximum height."

"Building setback line" means a development standard defined as a boundary line drawn on a sectional district map which separates buildable and non-buildable areas. The building setback line may be a specific distance from a physical feature such as a creek bank, stream center line, roadway, or follow a contour elevation line on a topographic map.

Building, Principal. "Principal building" means a building or structure in which is conducted the principal use of the lot or parcel on which it is situated.

Business, Retail. "Retail business" means the sale or any service, article, substance, or commodity to the consumer.

Business, Wholesale. "Wholesale building" means the handling and sale of any article, substance, or commodity for resale, including incidental retail sales.

"Campground" means an area or tract of land used for outdoor overnight accommodations of one or more camping parties in tents, trailers, or recreational vehicles, provided that no more than twenty-five percent of the campground spaces possess waste disposal facilities suitable for recreational vehicles.

"Camping party" means a person or group of not more than ten persons occupying a campsite.

"Campsite" means an area within a campground occupied by a camping party.

"Cattle and hog feed yard" means any area where cattle or hogs are held or maintained for the purpose of feeding and fattening where sixty percent or more of the feed for such cattle is imported or purchased; when not incidental to a farm or ranch.

"Carport" means a roofed structure, or a portion of a building, open on two or more sides for the parking of automobiles.

"Cemetery" means land dedicated for the burial of animal or human remains, and for this title including columbariums, crematoriums, mausoleums, and mortuaries.

"Cocktail lounge" means an area or room within or connected to a restaurant where alcoholic beverages are sold for consumption on the premises, structurally separated from the dining area.

"Community care facility" means any facility, place, or building which is maintained and operated to provide nonmedical residential care, adult day care, or home finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons. "Community care facility" shall include residential facility, residential care facility for the elderly, adult day care facility, home finding agency, and social rehabilitation facility, as defined in Section 1502 of the Health and Safety Code. Community care facilities include group homes and special care homes. See definitions for "Residential care facility," "residential care home, large," and "residential care home, small."

"Condominium" means the joint ownership of certain common property along with private, separate ownership of living space, including stock cooperatives and timeshare developments.

"Contractor’s equipment storage yard" means storage of large equipment, vehicles, or other materials commonly used in the contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses such as offices and repair facilities.

"Conversion" means a change in the use of land or a structure from one use to another.

"Conveyance or convey" means any sale, transfer, lease, rent, or disposition or act to transfer, sell, lease, rent, or dispose of any affordable unit and include, but are not limited to, transfer of title or any interest therein by non judicial or judicial foreclosure and sale; but does not include transfer by gift, devise, or inheritance to the unit’s owner’s spouse or issue, taking of title by joint tenant, transfer of title to a spouse as part of divorce or dissolution proceedings, or acquisition of title or interest therein in conjunction with marriage.

"Cottage industry" means a small scale commercial or manufacturing activity accessory to the principal residential or agricultural use.

Covered Space. See "Parking, covered."

Coverage. See "Maximum Coverage."

Dams, Small, Medium, and Large. "Small, medium and large dams" means an earthen, concrete, or stone wall to confine a flow of water, as a stream, and raise its level. Small dams to not exceed six feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier. Medium dams are of seven to fifteen feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier. Large dams are those exceeding fifteen feet in height from the natural bed of the stream or watercourse at the downstream toe of the barrier.

"Density" means the total number of dwelling units permitted per acre of land.

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

"Detached" means not sharing a common wall or roof.

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

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

"De novo" means a new hearing. The review authority may approve, disapprove, or modify any proposed permit without regard to any previous testimony or action by another review authority.

"Domestic animal keeping" means "pets" raised by the occupants of the premises including dogs, cats, birds, fish, or other such animals, when in the opinion of the community development director in consultation with the animal control director, kept at a level not to create a habitual nuisance or endanger the health and safety of the community in accordance with this title.

"Drop-off recycling center" means any premises where recyclable items such as newspapers, magazines, glass bottles, or aluminum cans are accepted, whether for compensation or not, and stored within containers until such time as the recyclable items are transferred to a recycling center.

"Duplex" means a two-family dwelling.

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

Dwelling, Multifamily. "Multifamily dwelling" means a single detached building designed for and occupied exclusively by three or more families living independently of each other as separate housekeeping units, including apartment houses, condominiums, triplexes, and fourplexes.

Dwelling, Single-Family. "Single-family dwelling" means a single detached dwelling designed for and occupied exclusively by one family alone, and having but one kitchen. Single-family dwelling includes "factory built housing" as defined in Section 19971 of the Health and Safety Code.

Dwelling, Two-Family. "Two-family dwelling" means a single detached building designed for and occupied by two families alone and having but two kitchens. "Two-family dwelling" includes a duplex.

"Dwelling unit" means a single unit providing independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation, and having only one kitchen.

A dwelling designed for occupancy by one household. An accessory dwelling unit may additionally be constructed under the provisions of Section 17.28.010(CC).

"Egress" means a point of vehicle, bicycle, or pedestrian exit from a parking area, lot, garage, driveway, or building.

"Emergency shelter" means a facility with minimal supportive services for the temporary overnight shelter of homeless persons that is limited to occupancy of six months or less by a homeless person.

"Employee housing" means housing providing accommodations for employees where the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. Employee housing providing accommodation for six or fewer employees is considered a single-family use and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

"Enclosed building" means a structure supported by columns, enclosed on all sides by walls, and covered by a roof.

Equipment Repair, Light. "Light equipment repair" means a shop for the restoration or the replacement of parts or machinery powered by motors of fifteen horsepower or less.

Equipment Repair, Heavy. "Heavy equipment repair" means a shop for the restoration or the replacement of parts or machinery powered by motors greater than fifteen horsepower.

Equipment storage yard. See "Contractor’s equipment storage yard."

"Exotic animal keeping" means the keeping of wild animals for which a wild animal permit is required.

"Factory-built housing" means a single-family dwelling defined as "factory-built housing" by Section 19971 of the Health and Safety Code which has the approval of the Department of Housing and Community Development of the state of California. Factory-built housing also includes "modular home or housing."

"Family" means one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a hotel, club, fraternity, or sorority house. The family shall be deemed to include necessary servants.

"Family care home" means any residential facility providing twenty-four-hour care and supervision for six or fewer juveniles or adults.

Family Home, Small. "Small family home" means any residential facility providing twenty-four-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.

"Farm labor quarters" means rooming and boarding houses, trailer coaches, mobilehomes, single-family dwellings, and mess halls for any number of farm help customarily employed principally on land owned by the owner of the building site occupied by said structures.

"Farm labor camp" means living accommodations, including structures, tents, trailers and mobilehomes, mess halls, garages, and accessory buildings and uses, or any number of persons, maintained in connection with any work or place where work is being performed, and including the premises on which said buildings and uses are situated or the area set aside for them. Labor camp and labor quarters shall also include any such living accommodations, and the premises which they occupy, which are owned, operated or maintained by any person engaged in the business of supplying lodging or meals for five or more persons who are or may be employed by him or by others.

Feedlot, Commercial. See "Cattle and hog feed yard."

"Floodplain" means the area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.

Floor Area, Gross. "Gross floor area" means the total area of all floors of a building as measured to the surfaces of interior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.

Floor Area, Net. "Net floor area" means the gross floor area excluding vents, shafts, stairs, corridors, attics, and unenclosed porches and balconies.

"Foster family home" means any residential facility providing twenty-four-hour care of six or fewer children which is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed.

"Front yard" means that yard or area within the front one half of the lot.

"Game preserve" means a public or private land area, chiefly in a natural state, set aside for the protection, enhancement, and enjoyment of wild animals or birds; includes "game reserve."

"Game room/amusement arcades" means a place wherein games/amusement devices occupy twenty-five percent or more of the net floor area, or contains seven or more games/ amusement devices and three or more pool tables and does not include any card games of chance or gambling.

"Garage" means an accessible and usable covered and completely enclosed space of not less than ten by twenty feet per vehicle for storage of automobiles.

"Granny unit" means an accessory dwelling unit either separate from or attached to the principal residence intended for the sole occupancy of one or two persons who are sixty years of age or older.

Group Care Home. See "Community Care Facility."

"Guest house" means a detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used for temporary guests and not rented or leased separately from the main dwelling.

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

Height. See "Maximum height."

"Historic areas" or "subdivision" means a town map, subdivision map, or individual lot which was recorded (created) in the official records of the county of Lake prior to 1940.

Hobby, Kennel. See "Kennel, Hobby."

Hog Farm, Commercial. See "Cattle and Hog Feed Yard."

"Home occupation" means an occupation conducted within a dwelling by a person(s) residing in the dwelling unit, which is incidental and secondary to the residential use of the dwelling.

Hospital. See "Health care facility."

"Hotel" means any building, portion thereof or group of buildings, providing transient accommodations containing six or more rooms; used, designed, or intended to be used, let or hired out for transient occupancy.

"Housing authority" means the Lake County housing authority, a nonprofit public corporation or another city designated agency.

"Housing costs" mean the monthly mortgage principal, interest, taxes, homeowner’s insurance, and condominium fees, where applicable, for ownership units and monthly rent for rental units.

"HUD" means the United States Department of Housing and Urban Development, or its successor.

"Importation of fill" means the deposit of earth in amounts exceeding fifty cubic yards in any one lot or parcel.

"Incidental" means secondary, accessory, appurtenant, or subordinate to another use, structure, or activity.

"Income eligibility" means the gross annual household income considering household size and number of dependents, income of all wage earners, elderly, or disabled members of the family and all other sources of income.

"In-lieu housing fee" means a fee paid to the city housing fund to facilitate the construction of very-low to moderate income housing elsewhere in the community.

Interior Lot. See "Lot - Interior."

"Junk" means any used, waste, discarded, or salvaged machinery, scrap iron, steel, other ferrous and nonferrous metals, tools, implements or portions thereof, glass, plastic, cordage, building materials, or other waste which has been abandoned from its original use and may be used again in its present or in a new form. Also including automobiles, other vehicles, or dismantled vehicles in whole or part.

"Junkyard" means the use of more than one hundred square feet of any lot zoned R-1, R-2, R-3, C-1, C-2 or more than two hundred square feet in any other district where "junk" is kept, stored, located, piled, salvaged, reconditioned, sold, bartered, or put to any use.

Kennels, Hobby. "Hobby kennels" means an accessory use of a principal residential or agricultural use where five to seven dogs are sheltered, bred, or trained for noncommercial purposes.

Kennels, Commercial. "Commercial kennel" means any premises where more than seven dogs, cats, or other similar animals are kept, maintained, bred, boarded, or cared for, for compensation, or are kept for the purposes of sale, hire, breeding, or exhibition. Dogs used in herding farm animals, incidental to an agricultural use, are excluded from this definition.

"Large family day care home" means a home which regularly provides care, protection, and supervision of nine or more children, including children who reside at the home, for periods of less than twenty-four hours per day, while the parents or guardians are away.

"Live entertainment" means an activity that includes the presentation of amplified music or voices.

"Lot" means a parcel of land.

Lot Area, Gross. "Gross lot area" means the area included within the boundaries of a "lot of record," including any portion described in the map or deed creating the lot as lying within a public or private street right-of-way or roadway easement. For lots five or more acres in size, or when the zoning regulations require minimum lot size of five or more acres, up to, but not exceeding fifteen percent of the minimum lot size or maximum permitted density requirement may consist of any area required for new road dedication or one half of any existing public right-of-way.

Lot Area, Net. "Net lot area" means the gross lot area minimum any public or private street right-of-way, and minus any roadway easement.

Lot, Corner. "Corner lot" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty four degrees.

Lot Coverage. See "Maximum lot coverage."

Lot, Interior. "Interior lot" means a lot which is bordered on three sides by other lots, and which fronts upon a street or right-of-way.

Lot, Key. "Key lot" means a lot, the sideline of which abuts the rear line of one or more adjoining lots.

Lot, Through. "Through lot" means a lot having frontage on two parallel, or approximately parallel streets.

"Lot line" means a line separating the frontage from a street; the side from adjoining property; or the rear from an alley or street or adjoining property.

Lot Line, Front. "Front lot line" means a line separating a front yard of a lot from the street.

Lot Line, Rear. "Rear lot line" means the lot line most distance from and generally opposite the front lot line; or on a lot with two front lot lines, the lot line opposite the narrowest front lot line.

Lot Line, Side. "Side lot line" means any lot line not a front lot line or a rear lot line.

"Lot of record" means a single parcel of land, the boundaries of which are delineated in the latest recorded parcel map, subdivision map, certificate of compliance, or deed provided that such recorded deed does not create or attempt to create a lot in violation of the provisions of any applicable California law or city ordinance.

Lot Width, Minimum Average. "Minimum average lot width" means the average horizontal distance between the side lot lines measured at right angles to the lot depth of the lot at a point midway between the front and rear lot lines. In the case of triangular lots, or lots that are bound by more than four straight lines, or that have curvilinear side lines, the community development director shall determine lot width.

"Lower income household" is a general term which refers to households in the very-low and low income classifications.

"Lumberyard" means an area used for the storage, distribution, and sale of lumber and lumber products, but not including the manufacture, remanufacture, or fabrication of lumber, lumber products or firewood.

Manufactured Housing. See "Mobilehome."

"Maximum height" means the height for any principal or accessory structure or auxiliary facility, above which air space cannot by occupied by any building, structure, or ancillary facility. The maximum height shall be the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

"Maximum lot coverage" means a development standard which shall have the following meaning: the percentage of the net lot are covered by the vertical projection of any structure, excluding any structure not extending above grade. Lot coverage shall not include swimming pools, and shall not include underground accessory structures such as septic tanks, gas tanks, or water and sewer lines.

"Maximum permitted density" means a development standard indicating the maximum number of dwelling units per acre.

"Median income" means the annual area median income applicable to the county, adjusted for family size in accordance with the adjustment factors adopted by the United States Department of Housing and Urban Development (HUD).

"Minimum lot size" means the smallest permitted size of any newly created lot(s) or parcel(s). For lots less than five acres in size, all minimum lot sizes shall be net lot area; for lots five acres or more in size, all minimum lot sizes shall be gross lot area.

"Minimum yard" is defined herein as "yard required, front," "yard required, rear," and "yard required, side" which establish areas of a lot or parcel which shall be left unobstructed of permanently affixed buildings and structures to provide for adequate light, air, and open space.

"Mining and resource extraction" for the purposes of this title, means the removal and processing of natural mineral resources such as aggregate, ore, water (including bottling plants), and other minerals. This definition shall not apply to geothermal resources.

"Minor additions or alterations" means the repair, maintenance, or minor alteration of structures, buildings, or topographic features involving negligible or no expansion of use beyond that previously existing, including but not limited to: interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards; or additions to existing structures or uses provided that the addition will not result in an increase of more than twenty percent of the floor area of the structure or use are of the current use before the addition.

"Mobilehome" means a structure, transportable in one or more sections, which is at least twelve feet in width (excluding eaves) and five hundred sixty square feet in size, or as otherwise defined in this chapter, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Mobilehome includes a "manufactured home" as defined in Section 18007 of the Health and Safety Code. Mobilehome does not include a recreational vehicle (Section 18010.5), commercial coach (Section 18012), or factory-built housing (Section 19971).

"Mobilehome park" means a parcel or contiguous parcels under one ownership which are planned and improved where mobilehome spaces are used, rented, leased, or held out for use, rent, or lease to accommodate mobilehomes for human habitation.

"Mobilehome stand" means that part of an individual mobilehome space which has been reserved for the placement of the mobilehome.

"Moderate, low, and very-low income levels" means those determined periodically by the U.S. Department of Housing and Urban Development (HUD) based on the Lake County median income levels by family size.

A. Moderate income, eighty percent to one hundred percent of the HUD median income.

B. Low income, fifty percent to eighty percent of the HUD median income.

C. Very low income, under fifty percent of the HUD median income.

Modular Home. See "Factory-Built Housing."

Motel. See "Hotel."

"Motorhome" means a "housecar" as defined by the California Department of Motor Vehicles, which is any vehicle designed for human habitation.

Multifamily Dwelling. See "Dwelling, Multifamily."

"Multifamily dwelling group" means a group of two or more detached or semidetached two-family or multifamily dwellings that occupy a parcel of land in one ownership.

"Newspaper distribution center" means any premises where newspapers are picked up by vendors employed for redistribution either by house to house delivery or in small quantities to retail stores.

"Nonconforming lot" means a legal lot of record having less area, dimensions, or frontage than required in the regulations of the district in which it is situated.

"Nonconforming structure" means a legal building or structure, where the setbacks, height, or area of the structure does not meet the regulations of the district in which it is situated.

"Nonconforming use" means any legal use of land which does not conform to the regulations of the district in which it is situated.

Nursery, Retail. See "Plant Nursery, Retail." Nursery, Wholesale. See "Plant Nursery, Wholesale." "Nursery school" means a public or private school for children usually under five years of age.

Nursing home. A form of "Health care facility."

"Off-sale liquor" means the sale of alcohol or alcohol products for human consumption outside the place of sale.

"Off-site units" means affordable dwelling units built on a property different than and not contiguous to the development for which the affordable units are required to be constructed under the provisions of this section.

"On-sale liquor" means the sale of alcohol or alcohol products for human consumption inside the place of sale.

"Open storage" means the storage of new or usable supplies, materials, products, motor vehicles, or other appurtenances in the "open" or in view of the general public. Open storage is a form of outdoor storage but does not include a junkyard.

"Open to the public" means hours of operation of a commercial use when the goods or services provided are "available for use by persons other than employees."

"Outdoor storage" means the storage of supplies, materials, products, motor vehicles, or other articles outside of a building and left uncovered by roofs or walls.

"Outdoor recreation facility" means any premises which offers open-air recreational opportunities to the general public either on a membership basis, or on an hourly, daily, weekly, monthly, or yearly rate including, but not limited to golf courses, tennis courts, swimming pools, equestrian trails, and private hot springs. "Outdoor recreational facility" shall not include commercial resort uses such as skateboard parks, BMX tracks, miniature golf, waterslides, jet ski, and other boat rentals.

Parcel. See "Lot."

"Parking spaces" means an accessible and usable space on the lot at least nine by twenty feet in dimension for the parking of automobiles, except as otherwise provided for in Chapter 17.23.

Parking, Covered. "Covered parking" means an accessible and usable parking space of not less than ten by twenty feet in dimension located within a structure of columns and roof or enclosed by walls and roof. Includes "carport" or "garage."

"Performance standards" means a set of regulations setting forth minimum requirements or maximum allowable limits on the effects or characteristics of a use, including, but not limited to performance standards on air quality, erosion, glare, landscaping, hazardous wastes, noise, outdoor storage, and satellite dish antennas.

"Person" means any individual, firm, co-partnership, corporation, company, association, joint association, or local agency and includes any trustee, receiver, assignee, or other similar representative thereof.

Plant Nursery, Retail. "Retail plant nursery" means the retail handling of any article, substance, or commodity related to the planting, maintenance or harvest of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities to the consumer.

Plant Nursery, Wholesale. "Wholesale plant nursery" means the growing, storage, and sale of garden plants, shrubs, trees, or vines for resale, including incidental retail sales.

"Power generation" means any electrical generating facility using thermal, wind, or water energy including, but not limited to biomass plants, wind farms, coal-fired plants, or thermal power plants.

"Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated, except for agricultural uses.

"Principal use" means the primary or dominant use of the land, whether it be to farm, to ranch, to reside within a dwelling, or to operate a business.

"Private sewer system" means an individual septic system.

"Private utility" means any utility which is not a public utility.

"Private water system" means an individual well or mutual water system.

"Professional uses" means any one of the following uses: accountant, architect, drafting service, attorney, chiropractor, civil engineer or surveyor’s office, collection agency, dentist, doctor, insurance office, private detective, real estate office, administration office, social worker, barber shop, beauty shop, and other similar uses. Retail sales conducted in conjunction with a professional use shall be limited to items that are directly related and ancillary to the professional use activity occurring within the building.

"Project" means a housing development at one location including all units or lots for which discretionary approvals have been applied for or granted within a twenty-three-month period.

"Public area" means an area, structure, or building owned by a governmental agency and operated for use by the public including, but not limited to: public parks, playgrounds, trails, paths, and other recreational areas and other public open spaces; schools, libraries, police stations, corporation yards, and other public uses, buildings, and structures.

"Publicly maintained road" means any road in the city accepted for maintenance, or owned and maintained by a city, county, special district, or state.

"Public sewer system" means any sewage disposal system of one hundred or more connections operated and maintained by any municipality, state of California.

"Public utility" means production, storage, transmission, and recovery facilities for water, sewerage, energy, communications, and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the Public Utilities Commission.

"Public water system" means a system, regardless of type of ownership, for the provision of piped water to the public for domestic use, if such system has at least one hundred service connection.

"Public and private nonprofit campgrounds" means nonprofit camping facilities for the general public, youth organizations, or community service groups.

"Rear yard" means that yard or area within the rear one-half of the lot which extends from the rear wall of the principal building or structure to the rear lot line.

"Recreational vehicle" means a motorhome, travel trailer, camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy, with an area of less than four hundred eighty square feet. Recreational vehicle shall also include trailered boats.

"Recreational vehicle park" means any area or tract of land, where one or more spaces are rented or leased or offered for rent or lease or held out for use to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.

"Recycling center" means any premises where recyclable items such as newspapers, magazines, glass bottles, or aluminum cans are accepted, whether for compensation or not, collected from drop-off recycling centers, processed and stored within containers or enclosed buildings until such time as the recyclable items are sold and shipped.

Processing may include crushing, baling, or shredding.

"Rent" means and includes the costs of all taxes and assessments on the real property of which the affordable unit is a part, including but not limited to, homeowner’s associations, fees, dues and assessments, and casualty insurance on the real property including the dwelling unit, but excludes the costs of utilities serving the allocated unit, including water, sewer, telephone, electricity and gas, required garbage collection services, and insurance on personal property of the lessee.

"Replacement value" means a building evaluation as determined by the building inspection staff not including the value of land.

"Residential second unit" means a single-family dwelling constructed after or concurrent with another single-family dwelling on the same lot or parcel. A second unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. Only one second unit is allowed per lot.

Required Yard, Front. "Front required yard" means a development standard applied to the placement of structures and is the shortest possible distance between every structure and the front lot line of the subject lot.

Required Yard, Rear. "Rear required yard" means a development standard applied to the placement of structures and is the shortest possible distance between every structure and the rear lot line of the subject lot.

Required Yard, Side. "Side required yard" means a development standard applied to the placement of structures and is the shortest possible distance between every structure and the side lot line on the subject lot.

"Resale controls" means legal restrictions by which the price of an affordable housing unit will be controlled to ensure that the unit is affordable by lower income households over time.

Reservoir, Small, Medium, Large. "Small, medium, large reservoir" means a form of "excavated pond" or "embankment pond." A small reservoir is greater than one acre foot, but shall not exceed five acre feet. A medium reservoir is greater than five acre feet but shall not exceed fifteen acre feet. A large reservoir exceeds fifteen acre feet. The aggregate volume of all ponds on the property shall be used for calculating pond size on any individual parcel.

"Residential accessory dwelling unit" means a single-family dwelling constructed after or concurrent with another single-family dwelling on the same lot or parcel. An accessory unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation in compliance with Section 17.28.010(CC).

"Residential care facility" means a community care facility for more than fourteen persons.

"Residential care home, large" means a community care facility for seven to fourteen persons.

"Residential care home, small" means a community care facility for six or fewer persons. A small residential care facility is the same as a group home serving six or fewer persons. The count of "six or fewer" does not include the licensee, members of the licensee’s family, or the residential care home’s staff. A small residential care facility is considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone (Health and Safety Code Sections 1267.8(c), 1267.16(a), 1566.2, and 1568.031(a).

"Residential development" or "development" means a project with five or more residential units.

"Residential junior accessory dwelling unit" means a dwelling unit that is located within a single-family detached primary dwelling and complies with the provisions of Section 17.28.010(CC).

Rest Home. See "Community care facility."

"Restaurant" means an establishment where food is prepared for consumption on the premises, which may include on sale alcoholic beverages in conjunction with meals, provided that there is no separate bar area.

"Review authority" for the purposes of this title, means the officer, committee, commission, board, or employee responsible for the approval or disapproval of any permit or entitlement or responsible for the administration, interpretation, or enforcement of the provisions of this title.

"Ridge" means a topographic feature indicated as an extended elevation between valleys, typically the upper part of a range of hills or mountains.

"Rifle range" means any facility or premises protected from uncontrolled entry where the firearms or arrows are lawfully discharged for target practice or competition. "Rifle range" includes pistol range, archery range, or trap shoot.

"Road building" means the removal of more than fifty cubic yards of earth for road building, or grading of roads longer than five hundred feet, but not including roads constructed for agricultural purposes.

Rummage Sale, Commercial. "Commercial rummage sale" means the sale of secondhand goods, including flea markets by individuals or organizations conducted more than twelve days per calendar year.

Rummage Sale, Nonprofit. "Nonprofit rummage sale" means the infrequent sale of secondhand goods by individuals or organizations, including garage and yard sales, and flea markets conducted between six to twelve days per calendar year.

"Sanitary landfill" means a site for solid waste disposal in which the solid waste is spread in thin layers, compacted to the smallest practical volume, and covered with solid at the end of each working day.

Satellite Dish Antenna, Commercial. "Commercial satellite dish antenna" means any structure capable of receiving radio or television signals from a transmitter or a transmitter relay located in planetary orbit, used in conjunction to a commercial use or where admission is charged to view programs received via satellite.

Satellite Dish Antenna, Private. "Private satellite dish antenna" means an accessory structure to the principal use, and capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit.

School, Private. "Private school" means a school that is established, conducted, and primarily financially supported by a non-governmental agency or group of individuals.

School, Public. "Public school" means a school that is financially supported by a local, city, county, state, or other government authority.

"Screening" means to intentionally prevent or obstruct the public’s view of some particular use, article, activity, structure, or building.

"Service station" means a retail business establishment limited to the sale of motor fuels and supplying goods and services generally required in the operation and maintenance of automotive vehicles.

Setback. See "Required Yard, Front," "Required Yard - Rear," "Required Yard, Side" or "Building setback line."

"Side yard" means that yard or area within either side of the lot and outside of the front yard or rear yard which extends from the wall of the principal building or structure to the side lot line.

"Sign" means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, struck, carved, or otherwise fastened, affixed, or made visible for out-of-door advertising purposes in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or anything whatsoever.

Single-Family Dwelling. See "Dwelling, Single-Family."

"Small family day care home" means a home which regularly provides care, protection, and supervision of eight or fewer children, including children who reside at the home, for periods of less than twenty-four hours per day, while the parents or guardians are away.

"Social rehabilitation facility" means any residential facility which provides social rehabilitation services for adult individuals for periods of not longer than eighteen months duration in a group setting.

"Space" means, when referring to a mobilehome park or recreational vehicle park, any area, lot, or site designated or used for the occupancy of one mobilehome, travel trailer, recreation vehicle, or camping party.

"Special event" means an establishment or enterprise involving large assemblages of people or automobiles on private land not specifically designed for such events including, but not limited to, a carnival or circus, automobile or foot race, rodeo, outdoor concert, play, festival attracting more than five hundred participants or observers, or a tennis tournament.

"Street" means a permanently reserved, public or private right-of-way which affords a principal means of vehicular access to abutting or adjacent property, not including alleys or driveways as defined herein. The service or frontage road of a freeway shall be considered as a street separate from such freeway or highway.

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

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

"Structural wall" means any bearing wall of a building.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, 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 may be developed as a variety of housing types, including a single-family unit, multifamily development, or community care facility and is subject to the same regulations as that housing type. For example, a supportive housing project of one single-family unit would be subject to the same standards as a single-family home.

"Target population" means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Temporary" is a term applied to certain uses requiring a zoning permit which are only permitted for a limited time, after which the zoning permit expires.

"Temporary dwelling" means a travel trailer or motorhome which serves as a temporary residence for the owner/builder until the principal dwelling unit is built or occupied.

"Temporary office" means a commercial coach which serves as a temporary office until the principal commercial structure is built or occupied.

"Temporary sales office" means a real estate sales office located in a subdivision.

"Timeshare" means a single-family dwelling unit whether attached or detached which is in common ownership by more than one family or individual, the purpose of which is to provide temporary living accommodations to all owners on a scheduled basis for recreation. A timeshare may be managed separately and rented to non-owners when approved by the common owners.

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

"Trailer coach" means a vehicle designed or used for human habitation, including travel trailers, motorhomes, and campers, with a maximum gross occupied ground area of less than four hundred eighty square feet.

"Transitional housing, transitional housing development" means buildings configured as rental housing developments, 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. Transitional housing may be developed as a variety of housing types, including a single-family unit, multifamily development, or community care facility and is subject to the same regulations as that housing type. For example, a transitional housing project of one single-family unit would be subject to the same standards as a single-family home. A transitional housing project proposed as a twenty-unit subdivision would be subject to the same standards as a residential subdivision. A transitional housing project proposed as a multifamily development would be subject to the same standards as a multifamily project.

"Truck stop" means a place of business primarily engaged in providing service station facilities for cargo vehicles, trailer trucks, and automobiles. Truck stops may include accessory food and lodging services.

"Use" means the purpose for which land or premises of a building thereon is designed, arranged, or intended or for which it is or may be occupied or maintained.

Use, Accessory. See "Accessory Use."

"Use area" means the area occupied by principal use or structure and accessory buildings, structures, and appurtenant outdoor, screened, or covered areas accessory to a permitted use or structure.

Veterinary Clinic, Large Animal. "Large animal veterinary clinic" means any premises used for the on-site care and treatment of large domestic animals including horses, cattle, goats, sheep, and similar animals including holding pens or corrals.

Veterinary Clinic, Small Animal. "Small animal veterinary clinic" means any premises used for the care and treatment of small domestic animals including dogs, cats, birds, and similar animals with all such operations being conducted wholly within a building.

Wholesale Plant Nursery. See "Plant Nursery, Wholesale."

"Winery" means a bonded establishment primarily used for the purpose of processing grapes or other fruit products.

Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale or retail sales of wine produced or bottled on the premises. Accessory uses include tasting rooms and incidental retail sales of wine related products including, but not limited to, glasses, bottle openers, and previously prepared packaged foods.

Wood Yard, Commercial. "Commercial wood yard" means any premises where large quantities of firewood, whether as whole trees or parts of trees, are imported, openly stored, split, sized, and cut for sale.

Yard. See "Minimum yard."

Yard, Required Front. See "Minimum Yard, Front."

"Zoning administrator" means the community development director or designee. (Ord. 934 §2, 2022; Ord. 893 §3(13), 2014; Ord. 887 §1(I), 2013; Ord. 880 §2(1), 2010; Ord. 837 §2, 2005; Ord. 821 §1(part), 2003; Ord. 796 Att. A(part), 1999)