For the purpose of this title, certain terms used herein are
defined as follows: all words used in the present tense shall include
the future tense; all words in the plural shall include the singular,
all words in the singular shall include the plural, unless the natural
construction of the wording indicates otherwise, and the word "shall"
is mandatory and directory.
"Advertising Sign"
means a sign having more than one-half of its area devoted
to directing attention to a business, profession, commodity or service
that is not the primary business, profession, commodity or service
sold, manufactured, conducted or offered on the site on which the
sign is located.
"Agriculture"
means the tilling of the soil, the raising of crops, horticulture,
viticulture, small livestock farming, dairying and/or animal husbandry,
including all uses customarily incidental thereto but not including
slaughter houses, fertilizer yards, bone yards or plants for the reduction
of animal matter of any other industrial use which is similarly objectionable
because of noise, odor, smoke, dust or fumes.
"Airport"
means the commercial operation of any area of land or water
designed and set aside for the landing and taking off of aircraft.
"Alley"
means any public thoroughfare, not exceeding 30 feet in width,
for the use of pedestrians and/or of vehicles which affords only a
secondary means of access to abutting property.
"Apartment"
means a room or suite of two or more rooms which is designed
for, intended for and/or occupied by one family doing its cooking
therein.
"Automobile Repair, Major"
means general repair, rebuilding or reconditioning of engines,
including removal of same; motor vehicle, truck or trailer collision
service, including body, frame or fender straightening or repair;
overall painting or paint shop.
"Automobile Repair, Minor"
means upholstering, replacement of parts and motor service,
not including removal of the motor, to passenger cars and trucks not
exceeding one and one-half tons capacity, but not including any operation
under "automobile repair, major."
"Automobile Service, Gas or Filling Station"
means a place which provides for the servicing, washing and
fueling of operating motor vehicles, including minor repairs, and
the sales of merchandise and supplies incidental thereto.
"Automobile Trailer Park"
means land occupied by transient campers or tourists traveling
by automobile or other means and dwelling in tents, trailers or moveable
living quarters for a period not to exceed 60 days by each such dwelling
facility.
"Bar"
means any establishment or part of an establishment used
primarily for the sale or dispensing of liquor, by the drink, to the
general public.
"Basement"
means a story partly underground and having at least one-half
of its height above grade. A basement shall be termed a "cellar" where
more than one-half of its height is below grade.
"Bed and Breakfast Accommodations"
means a residential dwelling unit occupied by a resident
person or family, containing five or fewer guest rooms occupied on
a transient basis for compensation.
"Block"
means that property abutting on one side of a street and
lying between the two nearest intersecting or intercepting streets
or nearest intercepting streets and railroad right-of-way, or unsubdivided
acreage.
"Boarding House"
means a dwelling, other than a hotel, wherein lodging and/or
meals for four or more persons is provided for compensation.
"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 such portion shall be deemed to be a separate building.
"Building, Accessory"
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.
"Building, Main"
means a building in which is conducted the principal use
of the lot upon which it is situated. In an "R" district any dwelling
shall be deemed to be a main building upon the lot upon which the
same is situated.
"Business or Commerce"
means the purchase, sale or other transaction involving the
handling or disposition (other than is included in the term "industry"
as defined herein) of any article, substance or commodity for profit
or livelihood including, in addition, office buildings, offices, shops
for the sale of personal services, garages, outdoor advertising signs
and outdoor advertising structures, automobile caps, automobile courts,
and recreational and amusement enterprises conducted for profit, but
not including junk yards.
"Camp, Public"
means any area or tract of land used or designated to accommodate
temporarily two or more camping parties, traveling by automobile or
otherwise.
"Caretaker's Residence"
means a dwelling unit which is used by either the owner,
manager, operator or surveillance personnel and spouse of a principal
permitted or conditionally permitted commercial, industrial, public
or quasi-public use located on the same site as the use, and may consist
of a single-family residence, an apartment, or a mobile home.
"Carnival"
means a traveling or itinerant commercial amusement enterprise
consisting of sideshows, vaudeville, games, merry-go-rounds or other
mechanical amusement devices temporarily located within the City of
Blue Lake.
"Cemetery"
means land used or intended to be used for the burial of
the dead and dedicated for cemetery purposes and including, but not
limited to, columbariums, crematories, mausoleums, mortuaries and
chapels when operated in conjunction with and within the boundary
of such cemetery, and any activity or business designed for the benefit,
service, convenience, education or spiritual uplift of property owners
or persons visiting the cemetery when operated in conjunction with
and within the boundary of the cemetery and which is compatible with
the purposes of the cemetery and is incidental thereto.
"Circus"
means a traveling or itinerant commercial amusement enterprise
utilizing an enclosure of any kind, used for exhibitions of horsemanship,
aerobatics performances, acts of clowns, feats of animal training,
or the like, temporarily located within the City of Blue Lake.
"City"
means the City of Blue Lake.
"City Boundary"
means the boundary of the City of Blue Lake. COMMISSION—See
Planning Commission.
"Council"
means the City Council of the City of Blue Lake.
"Court"
means an open, unoccupied space, other than a yard, on the
same lot with a building or buildings, and which is bound on two or
more sides by such building or buildings, including the open space
in a house court or court apartment, providing access to the units
thereof.
"District"
means a portion of the incorporated territory of the City
of Blue Lake, within which certain uses of land, premises and buildings
are permitted and certain other uses of land, premises and buildings
are not permitted, and within which certain yards and other open spaces
are required, building site areas are established, and height limits
are established for buildings, all as set forth and specified in this
title.
"Dwelling, Group"
means two or more detached (or semi-detached) one-, two-or
multiple-family dwellings located upon a building site together with
all open spaces and yards as required by this title.
"Dwelling, Multiple"
means a building or portion thereof used and/or designed
as a residence for four or more families living independently of each
other, and doing their own cooking in the building, including apartment
houses, apartment hotels and townhouses, but not including automobile
courts.
"Dwelling, Semi-Detached"
means mail buildings attached by a common or joint wall not
over 75% of their depth, or by an accessory building or structure.
"Dwelling, Three-Family"
means a detached building designed for and/or occupied exclusively
by three families living independently of each other.
"Dwelling, Two-Family"
means a detached building designed for and/or occupied exclusively
by two families living independently of each other.
"Dwelling Unit"
means one room, or a suite of two or more rooms, designed
for, intended for, or used by one family, which family lives, sleeps
and cooks therein and which unit has one kitchen or kitchenette.
"Family"
means one person living alone; two or more persons related
by blood, marriage or legal adoption; a group not in excess of five
unrelated persons living together as a single housekeeping unit; and
in addition thereto domestic employees.
"Farm Dwelling"
means a dwelling on farm premises for permanent residents
of the farm, such as the owner, lessee, foreman or others whose principle
employment is the operation of the farm, as distinguished from quarters
for seasonal labor.
"Floodway"
means an area which has been inundated by overflow floodwaters
in the past and which may reasonably be expected to be inundated by
such floods in the future.
"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, atriums
and the like if not covered; common use areas for all tenants; garages
and carports; major mechanical equipment rooms.
"Floor Area Ratio (FAR)"
means the ratio of the maximum square feet of floor area
(all stories) permitted for each square foot of lot area.
"Freeway"
means a highway in respect to which the owners of abutting
lands have no right or easement of access to or from their abutting
lands or in respect to which such owners have only limited or restricted
right of easement of access, and which is declared to be such in compliance
with the Streets and Highway Code of the State of California.
"Frontage"
means all the property on one side of the street between
intersecting or intercepting streets, or between a street and a right-of-way,
waterway, end of a dead-end street or City boundary measured along
the street line. An intercepting street shall determine only the boundary
of the frontage on the side of the street which it intercepts.
"Front Wall"
means the wall of the building or other structure nearest
the street upon which the building faces, but excluding certain architectural
features as specified in this title.
"Fur Farm"
means a place at which fur-bearing animals are bred and raised
for commercial purposes, such as breeding stock or for the reclamation
of pelts.
"Garage, Private"
means an accessory building or a portion of a building designed
for the storage of self-propelled passenger vehicles, camping trailers
or boats belonging to the owners or occupants of the site and their
guests, including covered parking space or carport; such space to
be so located on the lot so as to meet the requirements of this title
for an accessory building.
"Garage, Public"
means any building or portion thereof or premises, except
those herein defined as a private garage, used for the storage or
care of self-propelled vehicles, trailers and boats or where any such
are equipped for operation or repair or kept for remuneration and
hire.
"Garage, Storage"
means any structure or portion thereof or premises, except
those herein defined as private garages, used exclusively for the
storage for renumeration or hire of self-propelled vehicles, trailers
and boats.
"Grade"
means the finished elevation of the ground at the foundation
of the structure. All regulations referring to measurements thereto
shall be deemed to be taken from the lowest elevation of the grade.
"Grand Coverage"
means the percentage of the total area that is covered by structures as herein defined. GUEST HOUSE—As defined in Section
17.24.040.
"Guest Room"
means a room which is intended, arranged or designed to be
occupied or which is occupied by one or more guests, but in which
no provision is made for cooking, and not including dormitories for
sleeping purposes.
"Height of Building"
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.
"Hog Farm"
means any premises used for the raising or keeping of three
or more hogs when raised, fed or fattened for purposes of sale and
consumption by other than the owner of the site. In an agricultural
zone, the term "hog farm" is not intended to otherwise preclude the
raising of hogs as part of the general farming operation.
"Hotel"
means any building or portion thereof containing six or more
guest rooms used, designed, or intended to be used, let or hired out.
"Junk Yard"
means any aggregate area of more than 200 square feet within
any parcel, lot or contiguous lots which is used as a place where
imported waste, inoperable household appliances, inoperable machinery,
more than three inoperable motor vehicles, portions of inoperable
motor vehicles or discarded or salvaged materials are disassembled,
handled, placed, processed, baled, packaged or stored. This includes,
but is not limited to, auto and trailer wrecking yards, scrap metal
yards, wrecking yards, used lumber yards and places or yards for storage
of salvaged house wrecking and structural steel material and equipment.
This does not include the above activities when conducted entirely
within a completely enclosed building, nor does it include pawn shops
and establishments for the sale, purchase or storage of used furniture
and household equipment when conducted entirely within a completely
enclosed building, nor the sale or storage of used cars, farm machinery,
trailers or boats in operable condition, nor the salvage of materials
incidental to manufacturing or farm operations, provided such salvage
takes place where the manufacturing or farming is done.
"Kennel"
means any premises, except those accessory to an agriculture
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.
"Lot"
means land occupied or to be occupied by a building and its
accessory buildings, or by a dwelling group and its accessory buildings,
together with such open spaces as are required under the provisions
of this title, having not less than the minimum area required by this
title for a building site in the district in which such lot is situated,
and having its principal frontage on a street.
"Lot Area"
means the total horizontal area included within the lot lines.
"Lot, Corner"
means a lot situated at the intersection of two or more streets,
or bounded on two or more adjacent sides by street lines.
"Lot Depth"
means the average distance from the street line of the lot
to its rear line measured in the general direction of the side lines
of the lot.
"Lot Frontage"
means the line separating a lot from the street in the case
of an interior lot, and, in the case of a corner lot, the line separating
the lot from the street upon which the lot fronts, as shall be determined
and designated by the Director of Public Works or the Planning Commission.
"Lot, Key"
means the first lot to the rear of a corner lot, the front
line of which is a continuation of the side line of the corner lot,
exclusive of the width of any alley, and fronting on the street which
intersects or intercepts the street on which the corner lot fronts.
"Lot Line, Rear"
means ordinarily that line of a lot which is generally opposite
the lot line along the frontage of the lot. In cases in which this
definition is not applicable, the Planning Commission shall designate
the rear lot line.
"Lot Lines"
means the lines bounding a lot as defined herein.
"Lot Width"
means the horizontal distance between the side lot lines
measured at right angles to the depth of the lot at the front yard
setback line. Whenever this definition cannot be applied due to irregularity
in the shape of the lot, the lot width shall be as determined by the
administrative official subject to review by the Planning Commission.
"Mobile Home Park"
means any area or tract of land where two or more mobile
home site areas are rented or leased or held out for rent or lease
to accommodate mobile homes designed and intended for residential
occupancy.
"Motel"
means a building or group of buildings comprising individual
living quarters or dwelling units for the accommodation of transient
guests, which is so designed that parking is on the same building
site and is conveniently accessible from the living units without
having to pass through any lobby, and where luggage is moved between
the parking area and living unit without necessarily having to pass
through any lobby or interior court, and in which more than 60% of
the individual guest rooms are without kitchens or cooking facilities.
This definition includes auto court, tourist court, motor hotel, but
does not include accommodation for mobile homes or trailers.
"Motor Hotel (Inn)"
means a group of attached or semi-attached bedroom and bath
units without individual cooking facilities, but with accessory dining,
recreation and other facilities provided primarily for the comfort
and convenience of the transient occupants, and convention groups.
"Nonconforming Sign"
means a sign, outdoor advertising structure, or display of
any character, which was lawfully erected or displayed, but which
does not conform with standards for location, size, or illumination
for the district in which it is located by reason of adoption or amendment
of this title, or by reason of annexation of territory to the City.
"Nonconforming Structure"
means a structure which was lawfully erected, but which does
not conform with the standards of coverage, yard spaces, height of
structures, or distances between structures prescribed in the regulations
for the district in which the structure is located, by reason of adoption
or amendment of this chapter, or by reason of annexation of territory
to the City.
"Nonconforming"
USE means a use of a structure or land which was lawfully
established and maintained, but which does not conform with the use
regulations or required conditions for the district in which it is
located, by reason of adoption or amendment of this chapter, or by
reason of annexation of territory to the City.
"Nurseries and Greenhouses"
means buildings and premises for the propagation and display,
for retail sale of plants, vines, shrubs and trees, and the sale of
horticultural materials when incidental thereto.
"Nursing Home"
means a structure operated as a lodging house in which nursing,
dietary, and other personal services are rendered to 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. A convalescent home
or a rest home shall be deemed a nursing home.
"Off-Street Loading Facilities"
means a site or portion of a site devoted to the loading
or unloading of motor vehicles or trailers, including loading berths,
aisles, access drives, and landscaped areas.
"Off-Street Parking Facilities"
means a site or portion of a site devoted to the off-street
parking of motor vehicles, including parking spaces, aisles, access
drives and landscaped areas.
"One 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.
"Outdoor Advertising Signs"
means any card, cloth, paper, metal, painted glass, wooden,
planter, stone, or other sign of any kind or character whatsoever
placed for outdoor advertising purposes, on the ground or on any tree,
wall, bush, rock, post, fence, building, structure or thing whatsoever.
The term "placed" as used in the definitions of "outdoor advertising
sign" and "outdoor advertising structure" shall include erecting,
constructing, pointing, painting, printing, tacking, mailing, gluing,
sticking, carving, or otherwise fastening, affixing, or making visible
in any manner whatsoever.
"Outdoor Advertising Structure"
means any structure of any kind or character erected or maintained
for advertising purposes, upon which any outdoor advertising sign
may be placed, including also out-door advertising statuary.
"Owner"
means the person, firm, corporation, or partnership, holding
legal or equitable title or recorded contract of purchase or property,
or any person authorized by written instrument to act for the owner.
"Patio, Covered"
means an attached or detached structure not exceeding 14
feet in height, and enclosed on not more than three sides except for
posts necessary for roof support.
"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
of duties.
"Pre-Existing"
means in existence prior to the effective date of the ordinance
codified in this title.
"Public Use"
means a use operated exclusively by a governmental agency
or public agency, which has the purpose of serving the public health,
safety, convenience or general welfare, and including, but not limited
to, such uses as schools, parks, playgrounds, educational, recreational
and social facilities, libraries, museums, firehouses, courthouses,
hospitals and administrative service facilities.
"Quasi-Public Use"
means a use operated by a private nonprofit educational,
religious, recreational, charitable, fraternal, or medical institution,
association or organization, and including, but not limited to, such
uses as churches, private schools, universities, community recreational,
educational and social facilities, meeting halls, private hospitals
and the like.
"Railroad Right-of-Way"
means a strip of land on which railroad tracks, switching
equipment, and signals are located, but not including lands on which
stations, offices, storage buildings, spur tracks, sidings, yards,
or other uses are located.
"Recreational, Commercial"
means recreation facilities open to the general public for
a fee, or restricted to members when operated for profit as a business.
"Recreation, Private, Non-Commercial"
means clubs or recreation facilities operated by a non-profit
organization and open only to bona fide members of such non-profit
organization and their guests.
"Restaurant"
means any establishment whose principal business is the preparation
and sale of foods and beverages to the customer in a ready-to-consume
state.
"Rooming House"
means a dwelling or structure occupied by four or more persons
who have agreed to pay a specific rent for a specific space as distinguished
from guests subject to innkeeper's liability.
"Sawmill"
means any structure or land used for the processing or reprocessing
of lumber or lumber products by the use of power equipment, including
saws, planers, joiners and the like.
"Setback Line"
means a line established by these regulations or by other
ordinance or regulation to govern the placement of buildings or structures
with respect to lot lines, streets or alleys.
"Shopping Centers"
means an area of more than five different shops and stores
which may or may not be under one roof providing facilities for sale
of goods and services. The gross shop area is more than 50,000 square
feet and parking spaces are provided for more than 250 automobiles.
"Stable, Private"
means a detached, accessory building where not more than
three horses are kept for the private use of the owner and guests.
"Stable, Public"
means a stable other than a private stable for the commercial
rental and boarding of horses.
"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, then the space between the floor and the ceiling
next above it.
"Story, Half"
means a story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
"Street"
means a public or private right-of-way which affords the
principal means of access to abutting property, including avenue,
place, way, drive, lane, boulevard, highway, road and any other thoroughfare
except an alley as defined herein.
"Street Line"
means the boundary between a street and abutting property.
"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, including swimming pools, but excluding driveways,
patios or parking spaces where the area is unobstructed from the ground
up.
"Structural Alterations"
means any change in the supporting members of a building,
such as bearing walls, columns, beams or girders.
"Timber Production"
means the systematic harvesting and reseeding of timber stands
in accordance with practices designed to maintain the productive capabilities.
"Timber Products Processing Plants"
means buildings and premises for the commercial processing
of wood and wood products, including but not limited to, sawmills,
lumber mills and plywood mills, but not including pulp mills. Pulp
mills shall be classified as heavy industrial uses and shall be permitted
in the zones designed to accommodate such uses.
"Trailer"
means any vehicle without motive power or designed to be
drawn by a motor vehicle and to be used in such a manner as to permit
temporary occupancy thereof as sleeping quarters, or occupation or
use as a selling or advertising device, or use for storage or conveyance
of tools, equipment, or machinery, and so designed that it is mounted
on wheels and may be used as a conveyance on highways and streets.
The term "trailer" includes the term "camp trailer," "trailer coach,"
"automobile trailer" and "house trailer," except when the latter falls
within the definition of "mobile home."
"Trailer Camp"
means any lot or parcel thereof or parcel of land which is
used or offered as a location for one or more trailers of camping,
weekend or temporary occupancy type of use. As distinguished from
a mobile home park, a trailer camp is usually located in or adjacent
to a recreation or resort facility and is primarily designed to serve
as a seasonal facility or as a place of temporary residence for persons
who have a permanent residence established elsewhere.
"Transient"
, when used in conjunction with boarding or lodging, means
services that are charged for in units of less than one month and
where the majority of people utilizing such services remain for periods
of less than three months.
"Usable Open Space"
, as used in this title, means that portion of a building
site not covered by main or accessory buildings, exclusive of permitted
architectural feature encroachments, which is accessible for use and
enjoyment of the occupants of the main buildings and which provides
requisite amenities and comfort for a proper residential environment;
provided, further access drives, off-street parking areas and utility
yards shall not be included in computing the required usable open
space, but recreation decks over accessory structures and roof gardens
may be included. Usable open space shall be permanently maintained
by the owner in neat and orderly condition.
"Use"
means the purpose for which either land or a structure thereon
is designed, arranged or intended, or for which it is or may be occupied
or maintained.
"Use, Accessory"
means a use legally permitted in the zone which use is incidental
to and subordinate to the principal use of the site or of a main building
on the site, and serving a purpose which does not change the character
of the principal use.
"Use, Conditional"
means a principal or accessory use of land or of structures
thereon which use may be essential or desirable to the public convenience
or welfare in one or more zones, but which use may also impair the
integrity and character of the zone or adjoining zone, or be detrimental
to the public health, morals or welfare unless additional restrictions
on location and extent of use are imposed and enforced. Such use shall
become a "principal permitted use" or "accessory permitted use" when
all specific additional restrictions are completed and permanently
satisfied in conformance with an approved use permit. Should such
restrictions be of a continuing nature, the use will remain "conditional"
so long as the restrictions are complied with, but shall become an
"illegal use" whenever and so long as the restrictions are not complied
with.
Use, Nonconforming.
means a use which lawfully occupied a building or land at
the time of the adoption of these regulations and which does not conform
to the use regulations of the zone in which it is located.
"Use, Principal Permitted"
means the primary use of land or of a main building which
use is 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 without securing special permission therefor,
subject only to usable open space.
"Yard"
means an open space other than a court on the same lot with
a building, which open space is unoccupied and unobstructed from the
ground upward. In measuring a yard, as hereinafter provided, the line
of a building shall be deemed to mean a line parallel to the nearest
lot line drawn through the point of a building or the point of a dwelling
group nearest to such lot line, exclusive of certain architectural
features, as not to be considered in measuring yard dimensions, or
as being permitted to extend into any front, side or rear yard, respectively;
provided, however, the measurement shall be taken from the line of
the building to the nearest lot line; provided further, that if any
official plan line has been established for the street on which the
lot faces, or if any future width line is specified therefor by the
provisions of this title, then such measurement shall be taken from
such official plan line or such future width line to the nearest line
of the building.
"Yard, Front"
means a yard of uniform depth, extending across the full
width of the lot between the front lot line and the nearest vertical
support or wall of the main building or enclosed or covered porch
attached thereto.
"Yard, Rear"
means a yard of uniform depth extending across the full width
of the lot between the rear lot line and the nearest vertical support
or wall of the main building or enclosed or covered porch attached
thereto, except that the rear yard of a corner lot extends to the
side yard adjacent to the street.
"Yard, Side"
means a yard on each side of the main building extending
from the front yard to the rear yard, the width of each yard being
measured between the side line on the lot and the nearest vertical
support or main wall of each building or enclosed or covered porch
attached thereto. A side yard on the street side of a corner lot shall
extend from the front yard to the rear lot line.
"Zone"
means a portion of the territory of the City of Blue Lake
within which certain uniform regulations and requirements or combinations
thereof apply under the provisions of these regulations. The word
"zone" shall include the word "district."