"Lot" includes the word "plot"; "building" includes the word
"structure"; "occupied" includes the words "arranged or designed for"
or "intended to be occupied"; "planning commission" means the planning
commission of Crescent City.
(Prior code § 30-700(1))
"Accessory building" means the building or the part of the building, the use of which is subordinate or incidental to that of the main building on the lot. Construction of said structure may only commence upon the completion of construction of certain portions of the main building as prescribed in Sections
17.10.040,
17.14.040, and
17.16.040.
(Prior code § 30-700(2); Ord. 558 § 2, 1980)
"Accessory living quarters" means living quarters within an
accessory building for the sole use of persons employed on the premises,
having no kitchen or cooking facilities and not rented or used as
a separate dwelling.
(Prior code § 30-700(3))
"Accessory use" means a use incidental and subordinate to the
principal use of a lot or building located upon the same lot.
(Prior code § 30-700(4))
"Advertising sign" means any sign used primarily for advertising
purposes.
(Prior code § 30-700(6))
"Advertising structure" means any structure of any kind or character
erected or maintained for advertising purposes, upon which any advertising
sign may be placed, including advertising statuary.
(Prior code § 30-700(5))
"Agriculture" means the tilling of soil, the raising of crops,
horticulture, small livestock farming, dairying or animal husbandry,
including all uses customarily incidental thereto, but not including
slaughter houses, feed yards, hog farms, fertilizer works, bone yards
or plants for the reduction of animal matter or any other industrial
or agricultural use which is similarly objectionable because of noise,
odor, smoke, dust or fumes.
(Prior code § 30-700(7))
"Alley" means a public way, not exceeding twenty feet in width
for the use of pedestrians and/or vehicles, which affords only a secondary
means of access to the abutting property.
(Prior code § 30-700(8))
"Apartment" means a room, or suite of rooms, which is intended
or designed to be occupied by one family for living, kitchen cooking,
and sleeping purposes as a dwelling unit.
(Ord. 695 § 2, 2003)
For a definition of "apartment house", see "Dwelling, multiple", Section
17.04.155.
(Prior code § 30-700(9))
"Building area" means the aggregate of the maximum horizontal
cross section area of the main building on a lot, excluding cornices,
eaves, gutters, or chimneys projecting not more than four feet, steps,
one-story open porches, bay windows not extending through more than
one story and not projecting more than four feet, balconies and terraces.
(Prior code § 30-700(10))
"Automobile and trailer sales area" means an open area used
for the display, sale or rental of new or used automobiles or trailers,
and where repair work is limited to minor incidental repair of automobiles
or trailers to be displayed, rented or sold on the premises.
(Prior code § 30-700(11))
"Automobile wrecking" means the dismantling or wrecking of used
motor vehicles or trailers, or the storage, sale or dumping of dismantled
or partially dismantled, obsolete or wrecked vehicles or their parts.
(Prior code § 30-700(12))
"Basement or cellar" means a story partly or wholly underground,
and having more than one-half of its height below the average level
of the adjoining ground. A basement, when designed for dwelling or
occupied by business or manufacturing, shall be considered a story.
(Prior code § 30-700(13))
"Block" means that property abutting on one side of a street
and lying between the two nearest intersecting or intercepting streets,
or nearest intersection of intercepting streets and railroad right-of-way,
waterway or natural barrier or unsubdivided acreage.
(Prior code § 30-700(14))
"Building" means any structure built for the occupancy, shelter
or enclosure of person, animal, chattels or personal property of any
kind.
(Prior code § 30-700(16))
"Building height" means the vertical distance from the average
ground level of the site to the highest point of structure.
(Prior code § 30-700(17))
"Building main" means a building in which is conducted the principal
use of the lot upon which it is situated. In any residential district
any dwelling shall be deemed to be a main building on the lot.
(Prior code § 30-700(18))
"Building site" means a lot or lots under one ownership or control,
or such land area as may be required herein for building purposes.
(Prior code § 30-700(19))
"Residential care facility" means a facility licensed by the
state of California for habilitative, congregate, foster or group
home uses as a health care, community care or recovery care use. Definitions,
categorization as to large or small and applicability of zoning or
other restrictions shall be as set forth in the California Health
and Safety Codes.
(Ord. 695 § 2, 2003; Ord. 700 § 5 (Exh. A), 2003)
"Carport" means a permanent roofed structure used or intended
to be used for automobile shelter and storage.
(Prior code § 30-700(20))
"Cemetery" means land used or intended to be used for the burial
of the dead and dedicated for cemetery purposes, including columbarium,
crematoriums, mausoleums and mortuaries, when operated in conjunction
with and within the boundary of such cemetery.
(Prior code § 30-700(21))
The centerline of a street as referred to in this title means
the right-of-way centerline as established by the city engineer, by
the County Surveyor, by the State Division of Highways, or subdivision
map or if such centerline has not been established, the planning commission
shall designate the centerline.
(Prior code § 30-700(22))
"Common open space" means a parcel or parcels of land, water,
or land and water included in a planned unit development and designed
and intended for the use of all residents thereof. Common open space
may contain complimentary recreational structures and improvements
designed and intended for the benefit and enjoyment of the residents
of the planned unit development.
(Prior code § 30-700(23))
"Community-use facility or center" means a multipurpose building,
group of buildings or area which is owned and operated by a public
agency or nonprofit organization, open to the public and designed
to accommodate public gatherings or meetings for the purposes of recreational,
educational or cultural endeavors. Single-purpose offices or agencies
operated by nonprofit organizations such as, but not limited to, the
Red Cross, United Crusade, Family Service Agency, Blood Bank, etc.,
shall not constitute a community-use facility or center.
(Prior code § 30-700(24))
"Court" means an open area other than a yard, on the same lot
with a building or buildings, bounded on two or more sides by such
building or buildings.
(Prior code § 30-700(25))
"Dairy" means any premises where three or more cows or goats
are kept, milked or maintained.
(Prior code § 30-700(26))
"District" means a portion of the territory of the city within
which certain regulations and requirements or various combinations
thereof apply under the provisions of this title.
(Prior code § 30-700(27))
"Dormitory" means a place where one or more rooms are provided,
to be occupied for sleeping purposes by more than two persons not
members of the same family and where independent cooking facilities
are not provided.
(Ord. 695 § 2, 2003; Ord. 700 § 5 (Exh. A), 2003)
"Drive-ins" means premises with off-street parking facilities
thereon, upon which premises are located restaurants, eating or food
establishments from which establishments prepared food or drink, capable
of being consumed by patrons or customers in automobiles on the premises,
is sold or served.
(Prior code § 30-700(29))
"Multiple dwelling" means a building with three or more dwelling
units designed to be occupied by three or more families, each living
independently as a separate housekeeping unit, including apartment
houses, or courts, apartment hotels and flats, but not including motels.
(Ord. 695 § 2, 2003)
"One-family dwelling" means a detached building which is a dwelling
unit designed to be occupied by one family exclusively.
(Ord. 695 § 2, 2003)
"Two-family dwelling" means a building with two dwelling units
designed to be occupied by two families exclusively, living independently
of each other.
(Ord. 695 § 2, 2003)
"Dwelling group" means a group or row of detached or semi-detached
dwellings occupying a parcel of land in one ownership and having a
yard, court, or place in common, including bungalow courts and apartment
courts, but not included motels.
(Prior code § 30-700(33))
"Dwelling unit" means a building or portion thereof used and/or
designed for occupancy by one family for living or sleeping purposes
and having one kitchen.
(Prior code § 30-700(34))
"Emergency shelter" means housing with minimal supportive services
for homeless persons. Those using the facility shall be transient
occupants and the length of stay is not more than six days, and is
typically less. No individual or household may be denied emergency
shelter because of an inability to pay.
(Ord. 791 § 3, 2015)
"Essential service" means the erection, construction, alteration
or maintenance by public utilities or municipal departments or commissions
of underground or overhead gas, electrical, steam or water transmission
or distribution systems, collection, communication, supply or disposal
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
including buildings reasonably necessary for the furnishing of adequate
service by such public utilities or municipal departments or commissions
or for the public health or safety or general welfare.
(Prior code § 30-700(35))
"Family" means a household of one or more persons occupying
a premises and living together as a single nonprofit housekeeping
unit, as distinguished from a group occupying a hotel, club, fraternity
or sorority house.
(Ord. 695 § 2, 2003; Ord. 700 § 5, 2003)
"Fraternity or sorority house" means a dwelling maintained exclusively
for members affiliated with an academic or professional college or
university or other recognized institution of higher learning.
(Prior code § 30-700(37))
"Frontage" means all the property abutting on one side of a
street between two streets intersecting it (crossing or terminating)
measured along the street line.
(Prior code § 30-700(38))
"Front wall" means the wall of a building or other structure
nearest to the street upon which the building faces, excluding cornices,
canopies, eaves or any other architectural embellishments extending
up to, but not in excess of, thirty inches beyond said front wall.
(Prior code § 30-700(39))
"Private garage" means an accessory building or portion of the
main building designed and/or used for the shelter or storage of vehicles
by the occupants of the main building.
(Prior code § 30-700(40))
"Public garage" means any building, other than a private or
storage garage, used for the storage, care or repair of motor vehicles
or where the vehicles are kept for hire or sale.
(Prior code § 30-700(41))
"Storage garage" means any building other than a public or private
garage used exclusively for the storage of motor vehicles.
(Prior code § 30-700(42))
"Grade" means the elevation of the finished surface of the ground
adjacent to the exterior walls of the building; except that where
the exterior walls are within five feet of a street line, the elevation
of the sidewalk at the center of such exterior wall or walls shall
be taken as the grade.
(Prior code § 30-700(43))
"Guestroom" means a room which is designed and/or used by one
or more guests for sleeping purposes, but in which no provision is
made for cooking.
(Prior code § 30-700(45))
"Home occupations" means an individually provided service, or
an individual office or studio use customarily carried on in a dwelling
by a resident thereof, which use is merely incidental to the residential
use of the dwelling, and is carried on with the normal equipment customarily
found in a dwelling; provided, that no assistants outside the home
are employed and provided the use is conducted in the main dwelling
and not in an accessory building. A home occupation produces no evidence
of its existence beyond the dwelling other than on unlighted sign
no larger than that permitted for the residence by the sign code and
no outside storage of materials, products, equipment or vehicles other
than the personal transport vehicle(s) of the resident business owner(s).
(Prior code § 30-700(46); Ord. 700 § 5 (Exh. A), 2003)
"Hospital, sanitarium, nursing or convalescent homes" mean a
building or any portion thereof used or designed for the housing of
sick, mentally ill, injured, convalescent or infirm persons for the
purpose of medical treatment; provided, that this definition shall
not include rooms in any one-, two-, or three-family dwelling, hotel,
apartment hotel not ordinarily intended to be occupied by said persons.
(Ord. 695 § 2, 2003)
"Hotel" means a building containing six or more guestrooms used
by six or more guests, with or without meals, where such lodging is
provided for compensation for thirty days or less, and no provision
is made for kitchen facilities in any individual room or suite, but
excluding hospitals and buildings where human beings are housed and
detained under legal restraint.
(Ord. 695 § 2, 2003)
"Residential hotel" means a building containing six or more
guestrooms used by six or more guests, with or without meals, where
such lodging is provided for compensation for the purpose of occupancy
longer than thirty days, and no provision is made for kitchen facilities
in any individual room or suite.
(Ord. 695 § 2, 2003)
"Junk" means any worn out, cast-off or discarded article or
material which is ready for destruction or has been collected or stored
for salvage or conversion to some use. Any article or material which,
unaltered or unchanged and without further reconditioning, can be
used for its original purpose as readily as when new, shall not be
considered junk; provided that second hand auto parts within this
category shall be considered junk unless enclosed within a building
or an eight-foot solid fence.
(Prior code § 30-700(49))
"Kennel" means any lot or premises on which four or more dogs
over four months old are kept, maintained, boarded or offered for
sale.
(Prior code § 30-700(51))
"Kitchen" means any room, all or any part of which is designed
or used for cooking and preparation of food. The use of a portable
microwave oven or mini-refrigerator appliance utilizing one hundred
ten volt plugs for the purpose of incidental wet-bar or snack bar
purpose without a food storage, cook stove or preparational/clean-up
area shall not constitute a kitchen.
(Ord. 695 § 2, 2003)
"Labor camp" means premises used for residential or living purposes
for temporary or seasonal periods by five or more unrelated persons
or families employed to perform agricultural or industrial labor.
(Prior code § 30-700(53))
"Landowner" means the legal or beneficial owner or owners of
all of the land included in or proposed to be included in a planned
unit development.
(Prior code § 30-700(54))
"Loading space" means an off-street space or berth on the same
lot with a building or contiguous to a group of buildings for the
temporary parking of a commercial vehicle while loading or unloading
merchandise or materials, and which abuts upon a street, alley or
other appropriate means of access.
(Prior code § 30-700(55))
"Lodging or roominghouse" means a building having no more than
five guestrooms with a maximum of two persons per room, where lodging
is provided for compensation, for time periods of one month or longer.
Communal meals may or may not be provided in a single dining facility
however no guestroom shall have separate kitchen facilities.
(Ord. 695 § 2, 2003)
"Lot" means land occupied or to be occupied by a use, building
or a unit group of buildings and accessory buildings and uses, together
with such yards, open spaces, lot-width and area as required by this
title, and having its principal frontage upon a street.
(Prior code § 30-700(57))
"Lot area" means the total horizontal area included within lot
lines of a lot.
(Prior code § 30-700(58))
"Corner lot" means a lot situated at the intersection of two
or more streets, or bounded on two or more adjacent sides by street
lines.
(Prior code § 30-700(59))
"Interior lot" means a lot other than a corner lot.
(Prior code § 30-700(60))
"Key lot" means the first interior lot to the rear or a reversed
corner lot, the front line of which is a continuation of the side
line of the reversed corner lot, exclusive of the width of any alley,
and fronting on the street which intersects or intercepts the street
upon which the corner lot fronts.
(Prior code § 30-700(61))
"Front lot line" means in the case of an interior lot, a line
separating the lot from a street or place; and in the case of a corner
lot or reversed corner lot, the shorter street frontage shall be considered
the front of the lot.
(Prior code § 30-700(63); Ord. 629 Exh. A, 1988)
"Rear lot line" means a line which is opposite and most distant
from the front lot line, and, in the case of an irregular, triangular
or gore-shaped lot, a line within a lot ten feet in length, parallel
to and at the maximum distance from the front lot line.
(Prior code § 30-700(64))
"Side lot line" means any lot lines other than the front or
rear lot lines.
(Prior code § 30-700(65))
"Lot of record" means land held in separate ownership as shown
on the records of the County Recorder at the time of the passage of
this title.
(Prior code § 30-700(66))
"Lot reversed corner" means a corner lot which rears upon the
side of another lot, whether or not across an alley.
(Prior code § 30-700(67))
"Through lot" means a lot having frontage on two parallel or
approximately parallel streets.
(Prior code § 30-700(68))
"Lot width" means the average horizontal distance between side
lot lines measured at right angles to the lot depth.
(Prior code § 30-700(62))
"Marina" means a marina in a recreational use consisting of
a small harbor or boat basin providing dockage, supplies, services,
including but not limited to office space for management, sale of
boats, marina supplies and incidental refreshments and marine insurance
for a small pleasure craft. Nothing shall be construed as to prohibit
the dry-land storage of small craft, trailers or appurtenances required
for the operation of such craft but does not include the major repair
and overhaul of such crafts.
(Prior code § 30-700(69))
"Mixed use development" means development upon one property
which consists of both residential and non-residential commercial
business, retail, office, or service uses.
(Ord. 695 § 2, 2003)
"Mobile home park" means any area or premises where space for
mobile homes is rented, held for rent or on which free occupancy or
camping is permitted to house-trailer owners or users for the purpose
of securing their trade but not including automobile or trailer-sales
lots, on which unoccupied house trailers are parked for inspection
and sales.
(Prior code § 30-700(71))
"Motel" means a building or group of two or more detached, semi-detached
or attached buildings containing guestrooms or apartments with automobile
storage space provided in connection therewith, which building or
group is designed, intended, or used primarily for the accommodation
of automobile travelers visiting thirty days or less; including groups
designated as auto cabins, motor courts, motels and similar designation.
Where apartments are provided they shall constitute less than fifty
percent of the total number of rooms and apartments in the facility.
(Ord. 695 § 2, 2003)
"Motor freight depot" means a place, building or part thereof
where merchandise, property or freight transported by motor vehicles
including trailers is received, stored, transferred, loaded, unloaded
or delivered, and where any parking space, gasoline or fuel oil filling
area service or repair shop or other accessory service is operated
in conjunction therewith.
(Prior code § 30-700(73))
"Natural production use" means any of the following uses: Agriculture,
mining production, storage or distribution of water supplies, forestry
cutting and splitting of wood, extraction of minerals, and other natural
materials.
(Prior code § 30-700(74))
"Nonconforming building" means a building or portion thereof
lawfully existing at the date of passage of the ordinance establishing
the district in which such building is located, and which does not
conform to the use regulation of the said district, or which does
not conform to all the height or area regulations required in said
district.
(Prior code § 30-700(75))
"Nonconforming lot" means a lot which does not conform to the
area and width regulations of the district in which it is located
or which does not conform to the subdivision regulations.
(Prior code § 30-700(76))
"Nonconforming use" means a use which lawfully occupied a building
or land at the date of passage of the ordinance or amendment thereto
establishing the district in which such building or land is located,
and which does not conform to the use regulation of the said district.
(Prior code § 30-700(77))
"Public parking area" means an open area, other than a street,
used for the temporary parking of more than four automobiles and available
for public use, whether free, for compensation, or as an accommodation
for clients or customers.
(Prior code § 30-700(79))
"Automobile parking space" means space within a public or private
parking area of a building for the temporary parking or storage of
one automobile.
(Prior code § 30-700(80))
"Covered patio" means an area which is covered partially or
completely by a solid or open roof which is supported by upright support,
columns, pillars, posts, or walls.
(Prior code § 30-700(81))
"Place" means an open occupied space, other than a street, permanently
reserved as the principal means of access to abutting property including
courts of access.
(Prior code § 30-700(82))
"Pool hall or billiard parlor" means a place where billiards
or pool is played for a charge; provided, however, that this term
shall not apply to any nonprofit society, club, fraternal, labor or
other organization having adopted bylaws and duly elected directors
and members having exclusive use of the playing facilities for which
use no charge is made.
(Prior code § 30-700(84))
"Elementary and high schools" mean public or private elementary,
junior and senior high schools. Does not include trade schools, vocational
schools, business schools, or other schools not devoted primarily
to academic instruction.
(Prior code § 30-700(85))
"Second-hand store" means a place in which used goods including
but not limited to clothing, jewelry, furniture, appliances, room
furnishings, musical instruments, typewriters, business machines,
tools, motors, machines, instruments, firearms, or any similar second-hand
articles or article or thing is primarily sold. This term shall not
include sales of second-hand motor vehicles, trailers or farm equipment,
and shall not include junk dealers or wrecking yards.
(Prior code § 30-700(86))
"Service station" means any building, structure, premises or
other place used primarily for the retail sale and dispensation of
motor fuels, lubricants and motor vehicle accessories, and the rendering
of minor services and repairs to such vehicles but not including painting
or body and fender repair.
(Prior code § 30-700(87))
"Setback" means the minimum horizontal distance from the building
to the property line as prescribed by this title.
(Prior code § 30-700(88))
"Sign" means any words, letters, figures, numerals, emblems,
designs or other marks shown on any card, cloth, paper, metal, painted
glass, wooden, plaster, stone or other sign or device of any kind
or character by which anything is made known and used to attract attention
for advertising purposes.
(Prior code § 30-700(89))
"Sign area" means and is determined as follows:
A. Where
the lettered or illustrative material of a sign is placed upon a sign
board or other part of a sign structure, whether framed or unframed,
and having a continuous or essentially continuous surface or face
(whether flat, curved, spherical, cylindrical, angulated or otherwise),
the sign area is the area of the surface or face of the board or sign
structure upon which it is placed. Building walls shall not be considered
to be sign structures for the purposes of this subsection.
B. Where
the lettered or illustrative material comprising a sign is not placed
in the manner described in A above, the sign area is the area which
would be encompassed within a frame extending two inches beyond the
outermost boundaries of the lettered or illustrative material. This
subsection shall be used for, but shall not be limited to, determining
the sign area of signs painted or otherwise placed directly upon building
walls.
(Prior code § 30-700(90))
A machine that converts the kinetic energy in the wind into
a usable form that will be used primarily to reduce onsite consumption
of utility power.
(Ord. 752 § 6, 2010)
"Street" means a public thoroughfare dedicated as such or condemned
for use as such, other than an alley, which affords the principal
means of access to abutting property.
(Prior code § 30-700(91))
"Street-line" means the boundary line between a street and abutting
property.
(Prior code § 30-700(92))
"Structural alterations" means any change in the supporting
members of a structure such as the bearing walls or partitions, columns,
beams or girders.
(Prior code § 30-700(93))
"Structure" means anything constructed or erected, the use of
which requires location on or under the ground or attached to something
having a permanent location on the ground, except awnings, benches,
statuary, swimming pools, fish ponds, pavement, fences or walls used
as fences, or any similar object.
(Prior code § 30-700(94))
"Supportive housing" means housing with no limit on length of
stay, that is occupied by the target population as defined in Health
and Safety Code Section 50675.14(b)(3), and that is linked to on-or
off-site services that assist the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing his
or her ability to live, and when possible, work in the community.
(Ord. 791 § 3, 2015)
The height of a small wind energy conversion system above grade
to a blade tip at its highest point of travel.
(Ord. 752 § 6, 2010)
The height above grade of the fixed portion of the tower, excluding
the wind turbine itself.
(Ord. 752 § 6, 2010)
"Townhouse or row house" means one of a group of no less than
four attached dwelling units where each dwelling unit is located on
a separate lot.
(Prior code § 30-700(95))
"Transitional housing" means the same as that term is defined
in Section 50675.2(h) of the
Health and Safety Code, buildings configured
as rental housing developments, but operated under program requirements
that call for 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.
(Ord. 791 § 3, 2015)
"Truck terminal" means a place where any heavy duty commercial
vehicle or trailer over six feet wide or twenty feet or more in length
and including, but not limited to, dump trucks, vans, tractors, pole
or pipe dollies and cattle trucks are stored or regularly parked or
a place in which the servicing or repairs of trucks is the primary
business.
(Prior code § 30-700(96))
"Use" means the purpose for which land or a building is arranged,
designed or intended, or for which either land or building is or may
be occupied or maintained. Uses described within this title are more
specifically defined in the latest edition of the Standard Industrial
Classification Manual, on file with the city clerk.
(Prior code § 30-700(97))
"Yard" means an open space other than a court, on the same lot
with a building, unoccupied and unobstructed from the ground upward
except as otherwise provided herein.
(Prior code § 30-700(98))
"Front yard" means an area extending across the front of the
lot between the side lot lines, the depth of which is the minimum
horizontal distance from the front line of the lot to the nearest
line of the main building.
(Prior code § 30-700(99))
"Rear yard" means an area extending across the full width of
the lot between the main building and the rear lot line; depth of
the required rear yard to be measured horizontally from the nearest
part of a main building toward the nearest point of the rear lot line.
(Prior code § 30-700(100))
"Side yard" means an area between a main building and the side
lot line, extending from the front yard, or front lot line to the
rear yard; width of the required side yard to be measured horizontally
from the nearest point of the side lot line toward the nearest part
of the main building.
(Prior code § 30-700(101))