Chapter 17.08 DEFINITIONS

A. Unless the context otherwise requires, the definitions set forth or otherwise provided for in this chapter shall be used in the interpretation and construction of this title. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure,” and the word “shall” is mandatory.

B. The definitions included in Appendix A of the ordinance codified in this title shall constitute supplementary definitions to be used in the interpretation and construction of this title. [Ord. 166 §§ 2.02, 2.03, 1979].

17.08.020 Advertising area.

“Advertising area” means the total number of square feet within the boundaries of a parallelogram or triangle which encloses the message, word, symbol, design, picture or visual medium visible on the surface of any sign. For signs where the letters of a word are each located on separate surfaces facing in the same direction the advertising area shall be the total number of square feet within the boundary of separate parallelograms enclosing each letter. Where a sign includes surfaces facing in different directions the advertising area shall be the largest total of advertising area visible from any one direction and in the case of a cylindrical and spherical shaped sign the advertising area shall be the largest cross-section thereof. [Ord. 166 Appx. A, 1979].

17.08.030 Aggrieved person.

“Aggrieved person” means any person who, in person or through a representative, appears at a public hearing of the city in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informs the city of the nature of his concerns or who for good cause is unable to do either. “Aggrieved person” includes the applicant for a permit. [Ord. 166 Appx. A, 1979].

17.08.040 Agriculture.

“Agriculture” means the tilling of the soil, the raising of crops, horticulture, vitaculture, small livestock farming, dairying, and/or animal husbandry, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes. [Ord. 166 Appx. A, 1979].

17.08.050 Bluff.

“Bluff” means a scarp or steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, folding or excavation of the land mass. The bluff may be simple planar or curved surface or it may be steplike in section. For the purposes of this title, “bluff” is limited to those features having vertical relief of 10 feet or more. “Bluff edge” is the upper termination of a bluff. When the top edge of the bluff is rounded away from the face of the bluff as a result of erosional processes related to the presence of the steep bluff face, the edge shall be defined as that point nearest the bluff beyond which the downward gradient of the land surface increases more or less continuously until it reaches the general gradient of the bluff. In a case where there is a steplike feature at the top of the bluff face, the landward edge of the topmost riser shall be taken to the bluff edge. [Ord. 166 Appx. A, 1979].

17.08.060 Building.

“Building” means any structure having a roof supported by columns and/or by walls and intended for the shelter, housing and/or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point, then each portion shall be deemed to be a separate building. [Ord. 166 Appx. A, 1979].

17.08.070 Building, accessory.

“Accessory building” means a subordinate building, the use of which is incidental to that of a main building on the same lot. On any lot upon which is located a dwelling, any building which is incidental to the conducting of any agricultural use shall be deemed an accessory building. [Ord. 166 Appx. A, 1979].

17.08.080 Building inspector.

“Building inspector” means the building inspector of the city. [Ord. 166 § 2.01, 1979].

17.08.090 Campground.

“Campground” means a lot on which two or more recreational vehicles or tents are parked or located and used for sleeping or eating purposes. [Ord. 166 Appx. A, 1979].

17.08.100 City, city council.

“City” means the city of Trinidad; “city council” means the city council of Trinidad; “planning commission” means the planning commission of the city or a hearings officer appointed by the city council if the officer is acting in the commission’s stead. [Ord. 166 § 2.01, 1979].

17.08.110 City clerk.

“City clerk” means the city clerk of the city of Trinidad. [Ord. 166 § 2.01, 1979].

17.08.120 Coastal Commission.

“Coastal Commission” means the California Coastal Commission as established in the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.130 Coastal development permit.

“Coastal development permit” means a permit for any development within the coastal zone that is required pursuant to Section 30600(a) of the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.140 Coastal zone.

“Coastal zone” means that land and water area of the state in the city limits of the city, specified on the maps identified and set forth in Section 17 of the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.150 Condominium.

“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. [Ord. 166 Appx. A, 1979].

17.08.160 Day care center.

“Day care center” means any type of group child day care program, including nurseries of children of working mothers; nursery schools for children under minimum age for education in public schools; privately conducted kindergartens when not part of a public or parochial school; programs covering after-school care for school children; all of which must be conducted in accordance with state and local requirements and shall not accommodate more than five children. [Ord. 166 Appx. A, 1979].

17.08.170 dbh.

“dbh” means the diameter at breast height of a tree as computed by a licensed forester. [Ord. 166 Appx. A, 1979].

17.08.180 Density.

“Density” means the total number of square feet in a lot divided by the number of dwelling units located on the lot. [Ord. 166 Appx. A, 1979].

17.08.200 Development.

“Development” means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous, liquid, solid, or thermal waste; removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land; 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, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). [Ord. 166 Appx. A, 1979].

17.08.210 Duplex.

“Duplex” means a freestanding building designed for and/or occupied by two families living independently of each other and with individual and separate cooking facilities. [Ord. 166 Appx. A, 1979].

17.08.220 Dwelling, multifamily.

“Multifamily dwelling” means a building or portion thereof used and/or designed as a residence for three or more families living independently of each other, and doing their own cooking in the building including apartment houses, but not including transient accommodations. [Ord. 166 Appx. A, 1979].

17.08.230 Dwelling, single-family.

“Single-family dwelling” means a freestanding building designed for and/or occupied exclusively by one family to include mobilehomes on a foundation which conform to the National Mobile Home Construction and Safety Standards Act of 1974 and Chapter 29 of the UBC, 1979 Edition. [Ord. 84-180 § 6, 1984; Ord. 175 § 5, 1981; Ord. 166 Appx. A, 1979].

17.08.240 Dwelling, townhouse.

“Townhouse dwelling” means a dwelling unit with a ground level story located in a building which includes two or more such dwelling units and each dwelling unit, together with the underlying lot, is owned separately from any other dwelling unit and lot. [Ord. 166 Appx. A, 1979].

17.08.250 Dwelling unit.

“Dwelling unit” means one room, or a suite of two or more rooms in a building designed for, intended for, or used by one family, which family lives, sleeps and cooks therein and which unit has one kitchen or kitchenette. [Ord. 166 Appx. A, 1979].

17.08.260 Emergency.

“Emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. [Ord. 84-180 § 6, 1984].

17.08.270 Family.

“Family” means one person, or two or more persons, or a group not in excess of five persons living together as a single housekeeping unit. [Ord. 90-204 § 2(T), 1990; Ord. 166 Appx. A, 1979].

17.08.280 Feasible.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. [Ord. 166 Appx. A, 1979].

17.08.290 Fence.

“Fence” means a masonry wall, or a barrier composed of posts connected by boards, rails, panels, or wire for the purpose of screening, enclosing space or separating parcels of land, but not including retaining walls. [Ord. 166 Appx. A, 1979].

17.08.300 Fill.

“Fill” means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed on any lands, including submerged areas. [Ord. 166 Appx. A, 1979].

17.08.310 Floor area, gross.

“Gross floor area” means the enclosed area of a building measured from an exterior surface to exterior surface, but excluding the following: exterior balconies and galleries covered but not enclosed; patios, atria and the like if not covered; common use areas for all tenants; garages and carports; major mechanical equipment rooms. [Ord. 166 Appx. A, 1979].

17.08.320 General plan.

“General plan” means the Trinidad general plan, as amended, including the seismic safety, public safety, noise and scenic highway elements adopted in 1975 and the following elements adopted in 1976: land use (including sections on existing land use, commercial development, and visitor accommodations), circulation, housing, open space and conservation (including sections on unstable slopes, soil characteristics, water resources, and biological resources), recreation, public services and community design. [Ord. 166 Appx. A, 1979].

17.08.330 Grade.

“Grade” means the average of the finished ground level at the center of all walls of a building. [Ord. 166 Appx. A, 1979].

17.08.340 Guesthouse.

“Guesthouse” means a structure accessory to a dwelling with sleeping and bathroom facilities that is not continuously occupied for residential purposes, and lacking any kitchen facilities. [Ord. 166 Appx. A, 1979].

17.08.350 Height.

“Height” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. [Ord. 166 Appx. A, 1979].

17.08.360 Home occupation.

“Home occupation” means a use customarily conducted within a dwelling or accessory building by the inhabitants of the dwelling and which use is clearly incidental and secondary to the use of the premises for dwelling purposes and does not change the character of the dwelling or premises. [Ord. 166 Appx. A, 1979].

17.08.370 Kennel.

“Kennel” means any premises, except those accessory to an agricultural use, where five or more small domestic animals, not sick or injured, are boarded for compensation or cared for or trained for hire, or are kept for sale or breeding purposes. [Ord. 166 Appx. A, 1979].

17.08.380 Lot.

“Lot” means a tract of land lawfully established and officially recorded in the county assessor’s office, which constitutes a unit of land under single ownership. [Ord. 166 Appx. A, 1979].

17.08.390 Lot area.

“Lot area” means the total horizontal area included within lot lines. [Ord. 166 Appx. A, 1979].

17.08.400 Lot, corner.

“Corner lot” means a lot at the junction of and abutting on two or more intersecting streets where the angle of intersection is 130 degrees or less. [Ord. 166 Appx. A, 1979].

17.08.410 Lot frontage.

“Lot frontage” means the line separating a lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage from the street in the case of a corner lot. [Ord. 166 Appx. A, 1979].

17.08.420 Lot, interior.

“Interior lot” means a lot other than a corner lot. [Ord. 166 Appx. A, 1979].

17.08.430 Lot lines.

“Lot lines” means the lines bounding a lot as defined in this chapter. [Ord. 166 Appx. A, 1979].

17.08.440 Lot line, rear.

“Rear lot line” means the boundary of a lot opposite and most nearly parallel to the front lot line. [Ord. 166 Appx. A, 1979].

17.08.450 Lot, nonconforming.

“Nonconforming lot” means any lot existing and recorded as a separate parcel in the office of the county assessor at the effective date of the ordinance codified in this title which does not conform to the area or width requirements of the district in which it is located or does not conform to the subdivision regulations of the city. [Ord. 166 Appx. A, 1979].

17.08.460 Mobilehome.

“Mobilehome” means a dwelling originally equipped with an axle and wheels, without motor powers, with more than 256 square feet of floor area, and complying with the construction requirements of the state for such units. [Ord. 166 Appx. A, 1979].

17.08.470 Mobilehome park.

“Mobilehome park” means a lot on which two or more mobilehomes are located and used for sleeping, cooking and eating purposes. [Ord. 166 Appx. A, 1979].

17.08.480 Motel, inn.

“Motel, inn” means a building or group of buildings which is occupied or intended for occupancy by six or more unrelated individuals and to whom rooms are rented for sleeping purposes, with or without meals, and in addition is not used for the service of meals to persons not residing in the building. [Ord. 166 Appx. A, 1979].

17.08.490 New.

“New” means any use established, building or structure constructed, development undertaken, or lot created after the effective date of the ordinance codified in this title. [Ord. 166 Appx. A, 1979].

17.08.500 Nonconforming.

“Nonconforming” means a structure and/or land use which was lawfully established but which does not now conform with the land use, yard, height, or other requirements and conditions of this chapter. [Ord. 166 Appx. A, 1979].

17.08.510 Off-street parking.

“Off-street parking” means a site, or portion of a site, devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives and landscaped areas. [Ord. 166 Appx. A, 1979].

17.08.520 Off-street loading.

“Off-street loading” means a site, or portion of a site, devoted to the loading or unloading of vehicles, including loading berths, aisles, access drives, and landscaped areas. [Ord. 166 Appx. A, 1979].

17.08.530 Ownership.

“Ownership” means ownership of property or possession thereof under a contract to purchase or under a lease, the term of which is not less than 10 years by a person or persons, firm, corporation, or partnership (individually, jointly, in common, or in any other manner), whereby such property is under single or unified control. The term shall include condominium ownership. The term “owner” shall be deemed to mean the person, firm, corporation, or partnership holding legal or equitable title or recorded contract of purchase of property, or any person authorized by written instrument to act for the owner. [Ord. 166 Appx. A, 1979].

17.08.540 Person.

“Person” means any individual, public, or private corporation, political subdivision, partnership, firm, trust or estate or any other legal entity whatsoever which is recognized in law as the subject of rights or duties. [Ord. 166 Appx. A, 1979].

17.08.550 Public works project.

“Public works project” means any project by a public agency that is included in Section 30114 of the California Coastal Act of 1976 and any energy facility development within the meaning of Section 30197 of the California Coastal Act of 1976. [Ord. 166 Appx. A, 1979].

17.08.560 Recreation, commercial.

“Commercial recreation” means recreation facilities open to the general public for a fee, or restricted to members, when operated for profit as a business. [Ord. 166 Appx. A, 1979].

17.08.570 Recreational vehicle or RV.

“Recreational vehicle or RV” means a licensed vehicle, with or without motor power, with less than 256 square feet of floor area designed as a recreational residence and equipped for cooking and eating and/or sleeping. [Ord. 166 Appx. A, 1979].

17.08.580 Rest home.

“Rest home” means a structure operated as a lodging house in which nursing, dietary, and other personal services are rendered to no more than six convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not provided. [Ord. 166 Appx. A, 1979].

17.08.590 Servants’ quarters.

“Servants’ quarters” means a dwelling unit, with a kitchen, accessory to a single-family dwelling occupied by an employee of the landowner who manages or otherwise cares for the owner’s premises. [Ord. 166 Appx. A, 1979].

17.08.600 Services, personal and professional.

“Personal and professional services” means beauty and barber shops; offices for doctors, dentists and others engaged in the human healing arts, provided no overnight care is given; offices for engineers, attorneys, architects, real estate sales, insurance, travel agencies, ambulance services, bail bonds, art and photography studios, and other such services which in the opinion of the planning commission are similar to the above, and do not involve the sale or repair of merchandise or equipment. [Ord. 166 Appx. A, 1979].

17.08.610 Sign.

“Sign” means any message, word, symbol, design, picture or visual medium which is intended to draw attention to a product, service, business, person, institution, or location and is placed or painted on the ground, or on any tree, wall, fence, rock, structure or thing whatsoever and placed thereon whether indoor or outdoor, so as to be visible from off premises, exclusive of legal notices, safety and directional signs posted by public agencies. [Ord. 166 Appx. A, 1979].

17.08.620 Sign, freestanding.

“Freestanding sign” means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, and which is self-supporting in a fixed location and not attached to a building or structure. [Ord. 166 Appx. A, 1979].

17.08.630 Sign, off-premises.

“Off-premises sign” means a sign other than an on-site sign and includes signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. [Ord. 166 Appx. A, 1979].

17.08.640 Parking lot, public.

“Public parking lot” means an open area, other than a street or alley, used for the parking or storage of vehicles, and available for public use, for compensation. [Ord. 166 Appx. A, 1979].

17.08.650 Sign, on-premises.

“On-premises sign” means a sign relating in its subject matter to accommodations, services, commodities, or activities on the premises upon which it is located as distinguished from a sign which directs attention to or advertises an occupancy, accommodation, service, or activity supplied or originating on other premises. [Ord. 166 Appx. A, 1979].

17.08.660 Story.

“Story” means that portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, the space between the floor and the ceiling next above it. [Ord. 166 Appx. A, 1979].

17.08.670 Street.

“Street” means land owned and designated by the city, Humboldt County, or the state of California as a public thoroughfare and which affords the primary means of access to abutting property. [Ord. 166 Appx. A, 1979].

17.08.680 Structure.

“Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. [Ord. 166 Appx. A, 1979].

17.08.690 Structure, accessory.

“Accessory structure” means a detached building or structure, other than a sign, the use of which is accessory to the use of the lot. [Ord. 166 Appx. A, 1979].

17.08.700 Use.

“Use” means the purpose for which either land or water or a structure thereon is designed, arranged, or intended, or for which it is, or may be, occupied or maintained. [Ord. 166 Appx. A, 1979].

17.08.710 Use, accessory.

“Accessory use” means a subordinate use which is customarily incidental to the primary use of the premises, and which does not alter or change the character of the premises. [Ord. 166 Appx. A, 1979].

17.08.720 Use, principal permitted.

“Principal permitted use” means the primary use of land or of a main building which use is intrinsically compatible with the purpose of the zone and which is permitted in the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee, or other person who has legal right to use the land has a vested right to conduct such principal permitted use in accordance with the other zoning regulations without securing special permission therefor, subject only to design and environmental impact review procedures. [Ord. 166 Appx. A, 1979].

17.08.730 Yard.

“Yard” means an open space abutting a lot line unobstructed and unoccupied from the ground upward except for certain exceptions allowed herein. A yard shall be measured at right angles to the lot line and shall extend into the lot to the exterior wall of the building. [Ord. 166 Appx. A, 1979].

17.08.740 Yard, front.

“Front yard” means a yard extending the full width of the lot abutting the front lot line. [Ord. 166 Appx. A, 1979].

17.08.750 Yard, rear.

“Rear yard” means a yard extending the full width of the lot abutting the rear lot line. [Ord. 166 Appx. A, 1979].

17.08.760 Yard, side.

“Side yard” means a yard which extends from the front yard, or front lot line where no front yard exists, to the rear yard or rear lot line where no rear yard exists and abutting the side lot line. [Ord. 166 Appx. A, 1979].

17.08.770 Zone.

“Zone” means a portion of the territory of the city within which certain uniform regulations and requirements or combinations thereof apply under the provisions of these regulations. [Ord. 166 Appx. A, 1979].