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City of American Canyon Municipal Code.

19.04.030 Definitions.

Words and phrases used in this title shall have the meanings set forth in this chapter. Words and phrases not defined in this chapter but defined elsewhere in the zoning ordinance (including Chapter 19.23, Sign Regulations and Chapter 19.05, Use Classifications) shall be given the meanings set forth in those chapters. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

"Abut" means to physically touch, border upon, or to share a common corner or property line.

"Accessory building or structure" means a detached, subordinate structure or a subordinate structure attached to a main structure by a breezeway, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land, and which is located on the same site with the main structure or use.

"Accessory use" means a use primarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter the principal use nor serve property other than the lot or parcel of land on which the principal use is located.

Acre, Gross. "Gross acre" means the area of a lot or site, including easements of right-of-way to be dedicated, but excluding existing public rights-of-way.

Acre, Net. "Net acre" means the area of a lot or site remaining after dedication of all required rights-of-way.

"Adjoining" means two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other. Lots or parcels of land which touch at corners only shall not be deemed adjoining. "Abutting," "adjacent" and "contiguous" shall mean the same as adjoining.

"Affordable rent" means monthly rent, including utilities and all fees for housing services, not exceeding the following calculations:

1. Very low-income households: fifty percent of the median income multiplied by thirty percent and divided by twelve;

2. Low-income households: sixty percent of the median income multiplied by thirty percent and divided by twelve.

"Affordable sales price" means the maximum purchase price that will be affordable to the specified target income household, calculated on the basis of underwriting standards of mortgage financing available for the project and including all housing costs.

"Alley" means a public way permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

"Alter" means to make a change in the exterior appearance or the supporting members of a structure, such as bearing walls, columns, beams, or girders, that will prolong the life of the structure. In the case of signs, "alter" includes copy changes.

"Annual household income" means the combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

"Antennae" means transmitting and receiving devices.

"Area, lot, parcel or site" means the horizontal area within property lines excluding access corridors, vehicular easements, and areas to be included in future street rights-of-way as established by easement, dedication, or ordinance.

"Awning" means a roof-like cover that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.

"Base district" means the zoning districts and their associated purposes and regulations set forth in this title.

"Breezeway" means a structure not less than five feet in length, not exceeding fourteen feet in height and having not more than fifty percent of the sides of the structure enclosed with any material other than that necessary for roof supports, for the principal purpose of connecting the main structure on a site with another main structure or an accessory structure on the same site.

"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 materials of any kind or nature.

"Building coverage" means the cumulative area of a lot occupied by the first floor of a building and accessory structures.

"Building envelope" means the maximum two-dimensional space on a lot within which a structure can be built, as permitted by applicable setback and lot coverage controls.

"Change of use" means a discontinuance of a use and the substitution therefore of a different use.

"Child" means a person who is under eighteen years of age.

"City" means the city of American Canyon.

"City council" means the city council of the city of American Canyon.

"Commission" means the planning commission of the city of American Canyon.

"Community development director" means the community development director of the city of American Canyon.

"Compatible" means that which is harmonious with and will not adversely affect surrounding buildings and/or uses.

"Conditionally-permitted" means permitted subject to approval of a conditional use permit or minor conditional use permit.

"Construction" means construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.

"Cottage food operations" means an enterprise defined by the California Health and Safety Code Section 11378, holding a permit or registration by the county of Napa, and is generally an accessory business located within a residence where non-potentially hazardous food products are prepared or packed for direct ("Class A" as defined in Section 113758), or direct and indirect sale to consumers ("Class B" as defined in Section 113758).

"Council" means the city council of the city of American Canyon.

"Court" means an unoccupied open space on the same site with a building, which is bounded on two or more sides by exterior building walls.

"Density" means the number of dwelling units per unit of land.

Depth, Lot. "Lot depth" means the horizontal distance between the front and rear property lines of a site measured along a line midway between the side property lines (see Figure D-1).

"Development" means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

"Driveway" means a private road, the use of which is limited to persons resident or working on the site and their invitees, licensees, and business visitors, and which provides access to off-street parking or loading facilities.

"Dwelling unit" means one or more rooms with a single kitchen, designed for occupancy by one family for living and sleeping purposes.

Dwelling Unit, Studio. "Studio dwelling unit" means a dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.

"Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

"Emergency work" means the use of any machinery, equipment, vehicle, manpower, or other activity in a short-term effort to protect, or restore safe conditions in the city, or work by private or public utilities when restoring utility service.

"Façade" means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

"Family" means one or more individuals occupying a dwelling unit and living as a single household unit.

"Fence" means an artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

Floor Area, Gross. "Gross floor area" means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including: basement or attic areas used only for storage; space used only for mechanical equipment; breezeways, uncovered steps, patios, and terraces; porches and exterior balconies, if not enclosed; and atria and lobbies. Unless excepted above, "gross floor area" includes but is not limited to elevator shafts and stairwells measured at each floor (but not mechanical shafts), penthouses, enclosed porches, interior balconies, and mezzanines.

"Floor area ratio (FAR)" means the gross floor area of all buildings on a lot divided by the lot area.

"Force majeure event" means an extraordinary event or circumstance beyond the control of one or more parties that impacts their ability to perform. This definition of force majeure event shall be limited to situations resulting in a declaration of a state or local emergency that was caused by acts of God or the elements, storms, wildfires, earthquakes, pandemics, wars, acts of terrorism, riots, or insurrection that significantly impact a party.

Frontage, Building. "Building frontage" means the exterior building wall of a ground floor business establishment on the side or sides of the building fronting and/or oriented toward a public street or highway. "Building frontage" shall be measured continuously along the building wall for the entire length of the business establishment, including any portion thereof which is other than parallel to the remainder of the wall.

Frontage, Street. "Street frontage" means that portion of a lot or parcel of land which borders a public street other than the sideline of a corner lot. "Street frontage" shall be measured along the common lot line separating the lot or parcel of land from the public street, highway, or parkway.

"Garage" or "carport" means an accessory structure or a portion of a main structure, having a permanent roof and designed for the storage of motor vehicles.

"General plan" means the general plan of the city of American Canyon and all elements thereof.

"Grade (ground level)" means the average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of sidewalks, the above ground level shall be measured at the sidewalks.

"Ground floor" means the first floor of a building other than a basement.

"Guest room" means a room which is designed,

used or intended to be used as temporary sleeping accommodations for any person, and which does not contain a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided for by this title.

"Household" means a family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.

"Illegal nonconforming building or use" means a building or use which does not conform to one or more of the provisions of this title and did not lawfully exist on the effective date of applicable chapters of this title.

Intersection, Street. "Street intersection" means the area common to two or more intersecting streets.

"Kitchen" means any room or space within a building intended to be used for the cooking or preparation of food.

"Lot" means a parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title.

"Lot area" means the total area circumscribed by the boundaries of a lot, excluding any street rights-of-way.

Lot, Corner. "Corner lot" means a lot or parcel situated at the intersection of two or more highways or streets, which highways or streets have an angle intersection measured within the lot or parcel of land of not more than one hundred thirty-five degrees (see Figure D-2).

Lot, Flag. "Flag lot" means a lot or parcel taking access by a strip of land, the owner of which lot or parcel has fee-simple title to the strip extending from the main portion of the lot or parcel to the adjoining street, road or access easement (see Figure D-2).

Lot, Interior. "Interior lot" means a lot or parcel of land other than a corner or flag lot (see Figure D-2).

Lot, Key. "Key lot" means an interior lot adjoining the rear lot line of a reversed corner lot (see Figure D-2).

Lot, Reversed Corner. "Reversed corner lot" means a corner lot, the highway or street side lot line of which is substantially a continuation of the

front line of a lot or parcel of land which adjoins the rear lot line of the lot (see Figure D-2).

Lot, Through. "Through lot" means a lot having frontage on two parallel or approximately parallel highways and/or streets (see Figure D-2).

Lot Line, Front. "Front lot line" means a line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street (see Figure D-2).

Lot Line, Rear. "Rear lot line" means a lot line which is opposite and most distant from the front lot line (see Figure D-2).

Lot Line, Side. "Side lot line" means any lot boundary line which is not a front line or a rear lot line (see Figure D-2).

"Lower-income household" means a household with an annual household income of eighty percent or less of the median income for Napa County, adjusted for household size.

"Median income" means the median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successory provision) by the United States Department of Housing and Urban Development.

"Minimum distance between buildings" means the distance between the walls of buildings, measured at the nearest point to an adjacent building.

"Moderate-income household" means a household with an annual household income of between eighty-one percent and one hundred twenty percent of the median income for Napa County adjusted for household size.

"Monthly owner-occupied housing payment" means that sum equal to the principal, interest, property taxes, homeowner's insurance and homeowner's association dues paid on an annual basis, divided by twelve.

"Nuisance" means a condition that is injurious or potentially injurious to the public health, safety and welfare, or has a tendency to degrade the appearance and property values of surrounding property or to cause damage to public rights-of-way.

"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 and associated 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.

"On-site" means located on the lot that is the subject of discussion.

"Outdoor storage" means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.

"Overlay district" means a zoning district (e.g., the AC airport compatibility overlay district) that modifies the allowable uses, design standards, and/or development standards of the base district with which it is combined.

Patio, Covered. "Covered patio" means an accessory structure not exceeding fourteen feet in height, and enclosed on not more than three sides except for posts necessary for roof support.

"Permanent foundation system" means an assembly of materials constructed below or partially below grade and not intended to be removed from its installation site, which assembly is designed to support a structure and is engineered to resist the imposition of external natural forces as defined by Section 18551 of the Health and Safety Code, as such section may have been amended at the time of application of this title.

"Permanent storage" means the storage of motor vehicles, trailers, airplanes, boats, parts thereof, or building materials for a period of forty-eight consecutive hours or more.

"Permit" means written governmental permission issued by an authorized official empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

"Permitted use" means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

"Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district or state or any department or agency thereof.

"Planning commission" means the city of American Canyon planning commission.

"Processing" means a series of operations, usually in a continuous and regular action or succession of actions, taking place or carried on in a definite manner.

"Project" means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.

"Project inauguration" means a project has been inaugurated if applicable grading and building permits have been issued, necessary infrastructure installed, foundations installed and aboveground construction initiated and ongoing without any cessations of construction activity for more than one hundred eighty days.

"Recreational vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

"Residential accessory structure" means a building or structure normally associated with dwellings, such as detached garages, carports, greenhouses, storage buildings, and swimming pools, but excluding cargo containers.

"Residential property" means a parcel of real property which is developed and used either in whole or in part for residential purposes.

"Right-of-way" means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer or other similar use.

"Right-of-way lines" means the lines that form the boundaries of a right-of-way.

"Sidewalk" means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Single ownership" means holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner whereby the property is or will be under unitary or unified control.

"Site coverage" means the percentage of total site area covered by structures, open or enclosed, excluding uncovered steps, patios, terraces, and swimming pools.

"Slope" means the relationship between the change in elevation (rise) of land and the horizontal distance (run) over which the elevation occurs.

"Specific plan" means a plan for a defined area that is consistent with Chapter 19.17 of this title.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above. "Story" includes a basement but not a cellar.

"Story poles" means a three-dimensional, full-scale, silhouette structure constructed of 2x4, or 2x6 lumber or similar other sturdy building material that outlines the location, bulk and mass that a proposed structure will occupy on a site.

"Street" means a public or private right-of-way, other than a major or secondary highway or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.

"Structure" means anything constructed or erected which requires a fixed location on the ground, or is attached to a building or other structure having fixed location on the ground.

Structure, Main or Principal. "Main structure" or "principal structure" means a structure housing the principal use of a site or functioning as the principal use.

Structure, Temporary. "Temporary structure" means a structure without any foundation or footings, which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Swimming pool" means a pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.

"Target household" means the household for which a dwelling unit is to be provided under Chapter 19.27, Housing Incentives, or Chapter 19.28, Inclusionary Housing Requirements.

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained.

"Use initiation" means the implementation of a use on a parcel or occupancy of a structure.

Use, Principal. "Principal use" means a primary or dominant use established, or proposed to be established, on a lot.

"Variance" means permission to depart from the literal requirements of this title.

"Very low-income household" means a household with an annual household income of up to fifty percent of the median income for Napa County, adjusted for household size.

"Warehousing" means the storage of materials in a warehouse or terminal, where such materials may be combined, or separated for transshipment or storage purposes but the original material is not chemically or physically changed.

"Wheel stop" means a physical barrier sufficient in size and shape to prevent the movement of automobiles or other vehicles over or past such barrier.

"Width" means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines (see Figure D-1).

"Yard" means an open space on the same lot or parcel of land, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title.

Yard, Front. "Front yard" means a yard extending across the full width of a lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property fronts, and a line parallel thereto on the lot or parcel of land, except as otherwise provided for a flag lot. On corner lots, the front yard shall be located across the narrower frontage of the lot. A yard shall not be deemed a front yard if there is no right of access of any kind, pedestrian or vehicular, from the adjoining street.

Yard, Side, Street. "Street side yard" means a yard bounded by a highway or street, extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required. The width of such required side yard shall be a specified horizontal distance between the right-of-way line of the highway or street on which the property sides, and a line parallel thereto on the lot or parcel of land.

Yard, Side, Interior. "Interior side yard" means a yard extending from the required front yard, or the right-of-way line on which the property fronts where no front yard is required, to the required rear yard or to the rear lot line where no rear yard is required on other than a corner side yard. The width of a required interior side yard shall be a specified horizontal distance between each such side lot line parallel thereto on the lot or parcel of land.

"Zero emission vehicle" means any type of vehicle that has no tailpipe emissions. Vehicles run on electric motors and are powered by electricity delivered from batteries or hydrogen and fuel cells. In contrast to conventional internal combustion vehicles, zero emission vehicles prevent air pollution, lower greenhouse gas emissions, and help integrate renewable energy into the transportation sector. There are two kinds of zero emission vehicles: plug-in electric vehicles and hydrogen fuel cell electric vehicles.

"Zoning district" means a specifically delineated area or district in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.

"Zoning ordinance" means the zoning ordinance of the city of American Canyon, as amended.

Section 19.04.030

Figure D-1

LOT DEPTH AND WIDTH MEASUREMENTS

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Section 19.04.030

Figure D-2

ILLUSTRATION OF LOT TYPES

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