§ 1500-27-020. Definitions

A.

"A" Definitions

1.

Abutting, Adjoining, or Adjacent. Having a common property line or separated only by an alley, path, private street, or easement.

2.

Access. The place, or way through which pedestrians and/or vehicles have safe, adequate and usable ingress and egress to a property or use as required by this Zoning Code.

3.

Accessory Building or Structure. A detached subordinate building or structure located on the same premises as the main building or buildings, the use of which is customarily incidental to that of the main building or to the use of the land. See Article 10.

4.

Accessory Use. A use customarily incidental, related, and clearly subordinate to the main use of the lot or building that does not alter the principal use of the subject lot or adversely affect other properties in the zoning district. See Article 10.

5.

Accessway. That portion of a parking lot that provides access to and between parking areas.

6.

Addendum. An Addendum as required under the California Environmental Quality Act.

7.

Administrative Permit. See Article 25.

8.

Agent. A person authorized by a property owner to act on his/her behalf relating to matters arising out of this Zoning Code.

9.

Agricultural Buffer. See Article 19.

10.

Agricultural Equipment. Equipment, implements, vehicles and machinery used exclusively for agricultural planting, cultivation, maintenance and harvesting. This definition does not include passenger vehicles and pick-up trucks rated at one ton or less hauling capacity.

11.

Airport. Any area designated and/or used for take-off and landing of aircraft, together with structures and facilities related to such use, and includes facilities for public and private, commercial and noncommercial aircraft. This definition shall also apply to helicopters and crop dusting operations.

12.

Airport Land Use Compatibility Plan (ALUCP). A master plan prepared in accordance with Public Utilities Code Section 21670 et seq. which provides for the orderly growth of public airports and provides measures for mitigating the public's exposure to excessive noise and safety hazards within areas around such airports.

13.

Alley. A right of way dedicated to and accepted by a governmental agency which is less than 40 feet in width and affords a secondary means of access to abutting property.

14.

Alteration. Any change, addition, or modification in construction or occupancy.

15.

Americans with Disabilities Act (ADA). The federal law enacted by the U.S. Congress in 1990 that outlaws discrimination against a person with a disability in housing, public accommodations, employment, government services, transportation, and telecommunications.

16.

Animal Husbandry. For the purposes of this Zoning Code, the raising of farm or game animals such as cattle, horses, goats, sheep, hogs, chickens, rabbits, birds, etc., as a hobby, school, 4-H or Future Farmers of America (FFA) project.

17.

Applicant. The party applying for a permit or other approval required by this Zoning Code.

18.

Application Fees. Fees required for any application as required by the Sutter County Planning Fees Schedule.

19.

Application Form. Official application form for a permit or other approval required by the Zoning Code as provided by the Development Services Department.

20.

Approving Authority. The County official or County body that is responsible, under the provisions of the Zoning Code, for approving or denying a permit application or other request for official County approval. See Article 23.

21.

Arterial Roadway. A major street that carries local and through traffic at moderate-to-high speeds as shown in the Circulation Element of the Sutter County General Plan.

22.

Awning. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of materials on a supporting framework which projects from and is supported by the exterior wall of a building.

B.

"B" Definitions

1.

Base Zoning District. The primary zoning, as distinguished from an overlay zone, that applies to a parcel of land as shown on the Zoning Map.

2.

Bathroom. A room containing a sink, a toilet, and often also a shower and/or bathtub.

3.

Building. Any structure having a permanent foundation and a roof supported by columns, or by walls designed, intended and/or used as shelter for the enclosure of persons, animals, property of any kind, or for use in commercial, industrial or other enterprises.

4.

Building Complex. A development of four or more commercial or industrial buildings, tenants, or uses, intended to function in a joint manner, regardless of sequence of buildout. Characteristics of a building complex may include, but are not limited to, shared parking facilities, reciprocal access, and common building design. A building complex may include multiple tenants or owners, freestanding pad buildings, and may be situated on one or more lots or parcels.

5.

Building Division. The Building Division of the Development Services Department of Sutter County.

6.

Building Floor Area. The sum of gross horizontal areas of all floors of a building, or buildings on a lot, measured from the exterior faces of exterior walls, or from the center line of shared walls separating two buildings.

7.

Building Height. See Article 2.

8.

Building Site. The land area within a lot of record occupied by or capable of being covered by all structures permissible under this Zoning Code.

9.

Board of Supervisors. The Board of Supervisors of Sutter County.

10.

Buffer. Areas of land, or physical barriers that serve to separate and reduce conflicts between inherently or potentially incompatible land uses, such as residential areas and areas of intensive agriculture.

C.

"C" Definitions

1.

California Building Code. The California Building Code currently in use and adopted by Sutter County.

2.

California Environmental Quality Act (CEQA). Public Resources Code Section 21000 et seq. and associated guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

3.

Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

4.

Carport. A permanently roofed structure providing space for parking or temporary storage of vehicles. It may or may not include sides, but will be considered a garage if all four sides are enclosed.

5.

Clear Vision Triangle. That portion of both private property and public right-of-way located at any corner defined by the triangular area created by the diagonal connection of two points measured 25 feet along the front and 100 feet along the side of a property measured from the back of curb. The third side of the clear vision triangle shall be the hypotenuse of the triangle described connecting the other two sides (see diagram below). The dimensions of the clear vision triangle may be required to be increased if the Director determines that additional area is needed to ensure that a potential traffic hazard is not created.

Clear Vision Triangle

6.

Clustered Residential Development. Development in which parcel sizes are reduced below the required parcel size under the applicable zoning district, but with no change to the total number of parcels or dwelling units allowed by the zone. Clustered development results in residential parcels that are denser, and remaining areas conserved and maintained intact as open space in larger parcels.

7.

Conservation Easement. An agreement between a landowner and a government agency or a qualified land trust organization creating a legally enforceable encumbrance on real property imposing limitations, restrictions, or affirmative obligations, the purposes of which include retaining or protecting agriculture, natural, scenic, or open space values of real property; assuring its availability for agricultural, recreational, or open space use; protecting natural resources; or maintaining air or water quality. Same as Open Space Easement.

8.

Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land.

9.

Construction and Materials Yard. Yards used to sell or rent construction equipment and materials. All equipment and materials must be capable of being used in the construction trade. Equipment and material that is not capable of being used is prohibited.

10.

Contractors Yard. A yard used to store functional construction equipment for contractors.

11.

County. The County of Sutter, California.

D.

"D" Definitions

1.

Decibel (dB). A logarithmic unit of sound intensity where 0 dB is the threshold of normal hearing and 130 dB is the threshold of pain.

2.

Density. See Article 2.

3.

Design Review. See Article 25.

4.

Development. Shall be as defined by California Government Code section 65927.

5.

Development Agreement. An agreement adopted pursuant to Government Code Section 65865. See Article 25.

6.

Development Plan. A Plan establishing the zoning requirements and/or physical development for all properties within the Planned Development Combining District.

7.

Development Standards. Regulations that limit the size, bulk or placement of structures or other improvements on a site.

8.

Director. The Director of the Development Services of Sutter County or his/her designee.

9.

Discretionary Approval. An action by the County by which individual judgment or deliberation is used as a basis to approve or deny an action.

10.

Domestic Pets. Dogs, cats or other similar and common household pets.

11.

Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.

12.

Dwelling unit. One or more rooms with no more than one kitchen designed for occupancy by one family or single housekeeping unit for living and sleeping purposes, with all rooms (except an attached garage or carport) accessible from the interior of the dwelling unit.

E.

"E" Definitions

1.

Easement. A space on a parcel of land, indicated on a subdivision map or in a deed restriction, where the owner has granted one or more property rights to a person, corporation, public agency, or other entity.

2.

Effective Date. See Article 24.

3.

Environmental Impact Report (EIR). An Environmental Impact Report as required under CEQA.

4.

Environmental Review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

5.

Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface.

6.

Expansion, Building or Structure. An alteration of a building or structure that results in an increase in its size, either in extent or bulk, or an increase in its area or volume.

7.

Expansion, Use. An alteration of a use that results in an increase in its size, either in extent, intensity or in the nature of the activities conducted.

8.

Expiration. See Article 24.

9.

Extension. See Article 24.

F.

"F" Definitions

1.

Family. Any group of individuals living together as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, or sororities.

2.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

3.

Fence. A barrier made of durable material such as wood or masonry, erected to enclose, screen, protect, or separate areas.

4.

Fence, Open. A barrier made of durable material such as chain link or tubular steel designed to allow visibility when standing perpendicular to the fence.

5.

Fence, Solid. A barrier made of durable material such as chain-link with slats, wood or masonry designed to obstruct visibility when standing perpendicular to the fence.

6.

Floor Area. The sum of the horizontal areas of each floor of a structure, measured from the interior faces.

7.

Floor Area Ratio (FAR). The ratio of the total gross floor area of all buildings on a site, excluding structured parking areas, divided by the total site area.

8.

Food Cannery. A facility where foods are processed and placed in containers and sealed for preservation.

9.

Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

10.

Foundation System. An assembly of materials constructed below, or partially below grade, not intended to be removed from its installation site, which is designed to support a structure and engineered to resist the imposition of external natural forces, as defined by Section 18551 of the Health and Safety Code.

G.

"G" Definitions

1.

Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles.

2.

General Plan. The Sutter County General Plan, and all revisions and amendments thereto.

3.

General Plan Amendment. See Article 25.

4.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

5.

Government Code. The Government Code of the State of California.

6.

Grade. The location of the ground surface.

7.

Ground Cover. Plants, other than turf or lawn grass, normally reaching an average maximum height of not more than 2 feet at maturity.

H.

"H" Definitions

1.

Habitat Conservation Plan. A plan that outlines ways of maintaining, enhancing, and protecting a given habitat type needed to protect species; usually includes measures to minimize impacts, and may include provisions for permanently protecting land, restoring habitat, and relocating plants or animals to another area. Required before an incidental take permit may be issued.

2.

Hazardous Material. As defined by the California Health and Safety Code, a material that, because of its quantity, concentration, or physical, chemical characteristics poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material that a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

3.

Hazardous Waste. As defined by the California Health and Safety Code, a waste or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either (a) cause, or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating irreversible, illness, or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

4.

Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.

5.

Height, Building. See Article 2.

6.

Highway. A major thoroughfare regulated by the State of California that carries local and through traffic at high speeds as shown in the Circulation Element of the Sutter County General Plan.

7.

Hillside. See Article 8.

8.

Historic Building or Structure. See Article 8.

9.

Historic Preservation Review Committee. The Historic Preservation Review Committee of the County of Sutter.

10.

Homeless. Unsheltered homeless are families and individuals whose primary nighttime residence is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., the street, sidewalks, cars, vacant and abandoned buildings). Sheltered homeless are families and persons whose primary nighttime residence is a supervised publicly or privately operated shelter (e.g., emergency, transitional, battered women, and homeless youth shelters; and commercial hotels or motels used to house the homeless).

11.

Home Occupation. See Article 12.

12.

Horizontal Measurement. See Article 2.

13.

Household. The US Census Bureau defines a household as all persons living in a housing unit whether or not they are related. A single person living in an apartment as well as a family living in a house is considered a household. Household does not include individuals living in dormitories, prisons, convalescent homes, or other group quarters.

14.

Housing Unit. A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate toilet and kitchen facilities.

I.

"I" Definitions

1.

Impervious Surface. Any surface that does not permit the passage of water.

2.

Incidental Use. A use which is subordinate and of minor consequence to the primary use on the same site.

3.

Inoperable Vehicle. Any vehicle in such condition, as a result of mechanical and/or structural defects, however caused, that it cannot be driven under its own power.

4.

Intersection, Street. The area common to two or more intersecting streets.

J.

"J" Definitions

1.

Reserved.

K.

"K" Definitions

1.

Kitchen. Any area of a building intended for or designed to be used or maintained for the cooking and/or preparation of food that includes one or more of the following: cooking appliance(s); a sink larger than 225 square inches (15"x15"); a refrigerator.

L.

"L" Definitions

1.

Landscaped Area. An area devoted primarily to lawn, ground cover, trees, or shrubs, and as specified in this Zoning Code.

2.

Landscape Plant Materials List. Listing of preferred plant materials maintained by the Sutter County Development Services Department.

3.

Landscaping. The planting and maintenance of living plant material, including the installation, use, and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, or decorative paving materials).

4.

Light Fixture. A complete lighting unit consisting of one or more lamps, the lamp holder, any reflector or lens, and any other components or accessories.

5.

Light Source. An electrical bulb, tube, diode, or other device that produces artificial light or illumination.

6.

Living Quarters. A structure or portion thereof that is used principally for human habitation.

7.

Loading Space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods. See Article 20.

8.

Lot. A parcel of land of record in the County under one ownership used or capable of being used under the regulations of this Chapter, and including both the building site and all required yards and other open spaces as defined herein, and having a frontage of not less than 50 feet on a street as defined herein which has been accepted by and maintained by Sutter County, the State of California, or other public agency as a public street. Parcels with an industrial zone designation (M-1 or M2) or the Employment Corridor (EC) designation may elect to provide private roads in accordance with Section 1500-20-110(B).

9.

Lot Area, Gross. See Article 2.

10.

Lot Area, Net. See Article 2.

11.

Lot, Corner. A lot located at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of such streets.

12.

Lot Coverage. See Article 2.

13.

Lot Frontage. See Article 2.

14.

Lot, Interior. A lot, other than a corner lot, abutting only one street.

15.

Lot Line, Front. See Article 2.

16.

Lot Line, Rear. See Article 2.

17.

Lot Line, Side. See Article 2.

18.

Lot Width. See Article 2.

M.

"M" Definitions

1.

Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.

2.

Manufactured Housing. Housing that is constructed of manufactured components, assembled partly at the site rather than totally at the site as defined by Health and Safety Code Section 18007. Considered mobile if transportable in one or more sections that are at least 8 feet in width and 32 feet in length, built on a permanent chassis and designed to be used as a dwelling unit when connected to the required utilities, either with or without a permanent foundation.

3.

Medical Marijuana Dispensary. Any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

4.

Minimum Distance. See Article 2.

5.

Ministerial Action. Approvals which involve the use of fixed standards or objective measures without requiring the use of personal or professional judgment; e.g. issuance of building permits and licenses, approval of final subdivision or parcel maps, and individual utility service connection sign-offs.

6.

Minor Design Review. See Article 25.

7.

Minor Variance. See Article 25.

8.

Mitigated Negative Declaration. A Mitigated Negative Declaration as required under CEQA.

9.

Mixed-Use Development. The development of a parcel or building with two or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.

10.

Manufactured Home Park. Any area or tract of land where two or more lots are rented or leased, or held out for rent or lease, to accommodate manufactured homes used for human habitation in accordance with Health and Safety Code Section 18214.

11.

Model Home Complex. One or more dwellings used for the display and sale of units and lots within a subdivision.

N.

"N" Definitions

1.

National Federal Emergency Management Agency standard of flood protection. The level of flood protection that is necessary to withstand flooding that has a 1-in-100 chance of occurring in any given year using criteria developed by the Federal Emergency Management Agency for application in the National Flood Insurance Program.

2.

National Register of Historic Places. The official list of districts, sites, buildings, structures, and objects significant in national, regional, or local American history, architecture, archaeology, and culture as maintained by the Keeper of the Register, within the Federal Department of the Interior.

3.

Natural Disaster. A natural occurrence such as an earthquake, flood, tidal wave, hurricane, superstorm, meteor, or tornado which causes substantial damage to buildings or property.

4.

Negative Declaration. A Negative Declaration as required under CEQA.

5.

Nonconforming Lot. See Article 13.

6.

Nonconforming Structure. See Article 13.

7.

Nonconforming Use. See Article 13.

8.

Non-urban or not urbanizing area. For floodplain management purposes, a developed area or an area outside a developed area in which there are fewer than 10,000 residents that is not an urbanizing area.

O.

"O" Definitions

1.

Overlay Zone. An additional zoning district as shown on the Zoning Map that prescribes special regulations to a parcel in combination with the Base Zone.

2.

Open Space Easement. An agreement between a landowner and a government agency or a qualified land trust organization creating a legally enforceable encumbrance on real property imposing limitations, restrictions, or affirmative obligations, the purposes of which include retaining or protecting agriculture, natural, scenic, or open space values of real property; assuring its availability for agricultural, recreational, or open space use; protecting natural resources; or maintaining air or water quality. Same as Conservation Easement.

P.

"P" Definitions

1.

Parapet. A low wall or railing extending above the roof and along its perimeter.

2.

Parcel. A legally created parcel of land used or capable of being used under the regulations of this Zoning Code. Same as "lot".

3.

Parcel Map. A map for the division of land in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) and the Sutter County Subdivision Ordinance.

4.

Parking Lot. An area of land, a yard or other open space on a lot legally used for parking motor vehicles.

5.

Parking, Off-Street. An area, building, or space exclusive of street or alley rights-of-way, used for the parking of automobiles.

6.

Parking Space. An unobstructed space or area other than a street or alley which is permanently reserved and maintained for the parking of one (1) motor vehicle.

7.

Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

8.

Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, and patios used for access by vehicles and pedestrians.

9.

Permit. The approval by the County authorizing an applicant to undertake certain activities required by the Zoning Code.

10.

Permitted. Means any use or activity allowed by the provisions of this Zoning Code, and subject to the applicable regulations contained within this Code.

11.

Permitted Use or Use Type. A Permitted Use or Use Type as set forth in Article 3 as may be allowed as-of- right. Same as "permitted use type".

12.

Person with a Disability. A person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

13.

Planning Commission. The Planning Commission of the County of Sutter.

14.

Planning Division. The Planning Division of the Development Services Department of Sutter County.

15.

Premises. A tract of real property in a single ownership or in a building complex which is not divided by a public street or right-of-way.

16.

Primary Building or Structure. A building or structure that accommodates the primary use of the site.

17.

Primary Use or Use Type. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

18.

Prime Farmland. Land with the soil quality (Class I or Class II in the Soil Conservation Service land use compatibility classifications), growing season, and moisture supply needed to produce sustained high yields of crops when treated and managed according to current farming methods.

19.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this Zoning Code. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

20.

Property Line. Same as lot line. See Article 2.

21.

Property Owner. A person or persons having a possessory interest in the property, other than a periodic tenancy, estate at will, or sufferance, or a person having a contractual right which will ripen into such a possessory interest in the property.

22.

Public Hearing. A meeting called by a public body for which public notice has been given and that is held in a place at which the public may attend to hear issues and to express opinions. See Article 23.

23.

Public Nuisance. See Article 26.

24.

Public Resources Code. The Public Resources Code of the State of California.

25.

Public Right-of-Way. An area of land that is dedicated for public use to accommodate a transportation system or necessary public utility infrastructure.

Q.

"Q" Definitions

1.

Qualified Historical Property. See Article 8.

R.

"R" Definitions

1.

Reasonable Accommodations. Both the federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA) impose an affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in the zoning laws and other land use regulations and practices when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. See Article 25.

2.

Recreational Vehicle (RV). A motor home, converted bus, travel trailer, truck camper or camping trailer, designed for human habitation for recreation or emergency occupancy, which, when transported upon a public roadway, measures 8 feet or less in width and 40 feet or less in length and which is either self-propelled, truck-mounted or permanently towable on the highway without a permit.

3.

Recyclable Material. Reusable material, including without limitation metals, glass, plastic, paper, concrete and organic material which is intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material.

4.

Regional Power Transmission Line Project shall mean a project that includes a network of transmission lines and related towers and similar facilities with a capacity to convey 200 kilovolts (kV) or greater. It shall also include any project that proposes the designation of a transmission corridor zone to accommodate such facilities.

5.

Rehabilitation. The upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.

6.

Responsible Agency. A public agency which proposes to carry out or approve a project for which a Lead Agency has prepared an EIR or Negative Declaration. The term refers to any agency that has discretionary approval authority over any portion of a project not governed by the Lead Agency.

7.

Review Authority. The County official or County body that is responsible, under the provisions of the Zoning Code, for approving or denying a permit application or other request for official County approval. See Article 23.

8.

Rezone. A change of zoning. Same as "Zoning Code Amendment". See Article 25.

9.

Ridgeline. See Article 8.

10.

Right-of-Way. An area of land that is dedicated for public use to accommodate a transportation system or necessary public utility infrastructure.

11.

Roadway. The paved portion of the highway for the operation of vehicular and pedestrian traffic.

12.

Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.

13.

Rural Community. A small unincorporated community consisting of lower intensity residential, commercial and/or employment uses with varied levels of public services as defined by the Sutter County General Plan.

S.

"S" Definitions

1.

Screening. Buffering of a building or activity from neighboring areas or from the street with a wall, fence, hedge, informal planting, or berm.

2.

Secondary Use. A purpose for which land or a building is or may be intended, occupied, maintained, arranged, or designed, which is less visible, prominent, or important than the primary use(s) on the same lot or parcel.

3.

Setback. See Article 2.

4.

Setback, Front. The minimum distance by which a structure must be separated from the front property line. See Article 2.

5.

Setback, Interior Side. The minimum distance by which a structure must be separated from the interior side property line. See Article 2.

6.

Setback, Rear. The minimum distance by which a structure must be separated from the rear property line. See Article 2.

7.

Setback, Street Side. The minimum distance by which a structure must be separated from the street side property line. See Article 2.

8.

Shared Parking. The management of parking spaces so that they can be used by multiple users. This allows for the more efficient use of parking facilities. Parking may be shared between multiple users on the same parcel, between multiple users on different parcels, or in dedicated shared parking facilities such as public parking lots.

9.

Shrub. A plant with a compact growth habit and branches coming from the base of the plant.

10.

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

11.

Sign. Any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premise, product, service, person, organization, business, or event. Includes, but is not limited to, the following sign types (See Article 21):

a.

Address Sign. A sign with the numeric reference of a structure or property to a street location.

b.

Awning/Canopy Sign. A non-electric sign that it printed on, painted on, or attached to an awning or canopy.

c.

Banner, Flag, Pennant, or Balloon. Any cloth, bunting, plastic, or similar material used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle, including captive balloons and inflatable signs.

d.

Billboard. A permanent sign in a fixed location which meets any one or more of the following criteria: (a) it is used, in whole or in part, for the display of off-site commercial messages; (b) it constitutes principal, separate or secondary use, as opposed to an accessory, ancillary or appurtenant use, of the parcel on which it is located; (c) an outdoor sign used as advertising for hire or general advertising, i.e., on which display space is made available to parties other than the owner of the sign or the property on which it is placed, or (d) an off-site outdoor advertising sign on which space is leased or rented.

e.

Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical means including date, time, and temperature. This does not include electrical message signs with moving letters or symbols.

f.

Development/Contractor Sign. A temporary sign erected on a parcel on which construction is taking place, limited to the duration of construction, indicating the name of the project or development, the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owner, financial supporters, sponsors, and similar individuals or firms having a major role or interest with respect to the structure or project.

g.

Directional Sign. An on-site sign limited to directional messages for pedestrian or vehicle traffic, such as "one-way", "entrance" and "exit", etc.

h.

Directory Sign. A sign listing the tenants or occupants and their suite numbers of a building or center.

i.

Freestanding Sign. A sign supported on one or more poles, braces, uprights or similar structural components placed into the ground and not attached to a building.

j.

Home Occupation Sign. A sign located at a residence advertising a business, profession, or occupation conducted in the residence or by persons residing in the residence.

k.

Illuminated Sign. A sign illuminated with artificial light by any means, whether internal or external.

l.

Informational Sign. A sign erected for the safety or convenience of the public that does not promote or advertise a business, property or product or relate to debate on topics of public concern.

m.

Memorial Sign. An informational noncommercial sign erected in remembrance of any historic occasion or occurrence of significance to the general public.

n.

Menu/Order Board Sign. A sign installed in a drive through facility and oriented to be seen primarily by drive through customers.

o.

Monument Sign. A sign, not attached to a building, which is placed upon a solid appearing base or pedestal extending the length of the sign and not visibly supported by poles, braces or uprights and not attached to a building.

p.

Mural. A picture on an exterior surface of a structure.

q.

Non-viewable Sign. A sign that cannot be seen from a public right-of-way.

r.

Off-site Sign. A sign that advertises or informs in any manner, businesses, services, goods, persons, or events at a building site or location other than that upon which the sign is located. Off premise sign and outdoor advertising structure are equivalent terms.

s.

On-site Sign. A sign located on the premises of the business or entity advertised by such sign.

t.

Portable Freestanding Sign and/or A-frame Sign. A free standing sign that is designed to be movable and is not attached to the ground, a building, a structure or any other sign.

u.

Project Identification Sign. A permanent sign located at the entrance of a multi-family project for the purpose of identifying the project.

v.

Projecting Sign. Any wall sign affixed to a building wall in such a manner that its leading edge extends more than six inches beyond the surface of such building wall.

w.

Real Estate Sign. A sign, advertising the property, its use, owner or tenant, the sale or lease of the property, or agents representing the owner or tenant.

x.

Residential Identification Sign. A permanent wall sign which contains only the name of the resident(s) of the residence upon which it is placed. It may also include the street address.

y.

Roof Sign. A sign erected, constructed or placed upon or extending above the eave line or roof of the building to which it is attached.

z.

Searchlight. An apparatus containing a light source and a reflector for projecting a high-intensity beam or beams of light into the sky.

aa.

Special Event Sign. A temporary sign including to promote a new business, the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

bb.

Subdivision/Development Sign. A temporary off-site sign indicating only the name of the subdivision or development and directions to its location.

cc.

Subdivision Identification Sign. A permanent sign located at the entrance of a subdivision for the purpose of identifying the subdivision.

dd.

Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.

ee.

Under Canopy Sign. A sign that is suspended from the underside of a canopy, portico or like structure.

ff.

Vehicle Sign. A sign which is attached to, painted on, or carried on a vehicle, the principal purpose of which is to attract attention to a product or an activity or business.

gg.

Wall Sign. A sign painted or fastened to an exterior building wall and which does not project more than six inches from the wall.

hh.

Window Sign. Any sign painted on, attached to or placed inside a window, which sign is intended to be seen from the exterior of the building.

12.

Sign, Abandoned. See Article 21.

13.

Sign Face. An exterior display surface of a sign including non-structural trim exclusive of the supporting structure.

14.

Sign Height, Freestanding. See Article 21.

15.

Sign, Nonconforming. See Article 21.

16.

Sign Raceway. A channel box that holds sign letters in place and houses the electrical wiring of a sign.

17.

Site. A parcel or adjoining parcels that are under single ownership or single control, and that are considered a unit for the purposes of development or other use.

18.

Site Area. The total area included within the boundaries of a site.

19.

Specific Plan. A detailed policy plan that identifies allowable land uses and infrastructure needs for a specific geographic area. Zoning, subdivision, and public works decisions must be in compliance with specific plans. See Article 25.

20.

Sphere of Influence. A plan for the probable physical boundaries and service area of a local government agency as determined by the Local Agency Formation Commission (Government Code Section 56076). Spheres are characterized as planning tools used to provide guidance for individual proposals involving jurisdictional changes, and are intended to encourage efficient provision of organized community services and prevent duplication of service delivery. Territory must be within a city or district's sphere in order to be annexed.

21.

Staff Report. Report prepared by the Development Services Department including a written recommendation to the approving authority as to whether a permit or other approval required by this Zoning Code should be approved, approved with conditions, or denied.

22.

Story. 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 ceiling or roof above, if the finished floor level directly above a basement is more than 6 feet above grade at any point, such basement shall be considered a story.

23.

Stream. A body of water flowing in a natural surface channel.

24.

Street. A right of way dedicated to, accepted by and maintained by a governmental agency and which has a width of 40 feet or more and affords a primary means of access to property.

25.

Street, Private. A street owned and maintained by the abutting property owners, or by an association of property owners, excluding off-street parking areas, driveways, and driveways to off-street parking areas.

26.

Street, Public. A street that has been accepted into a street or road system maintained by the County, adjacent City, or the State.

27.

Structure. Anything constructed or erected that requires attachment to the ground or attachment to something located on the ground.

28.

Subsequent or Supplemental Environmental Impact Report. A Subsequent or Supplemental Environmental Impact Report as required under CEQA.

29.

Subdivision. The division of a lot, tract, or parcel of land in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) and the Sutter County Subdivision Ordinance.

30.

Subdivision Map. A map for the division of land in accordance with the Subdivision Map Act (California Government Code Section 66410 et seq.) and the Sutter County Subdivision Ordinance.

31.

Sutter Buttes. See Article 8.

T.

"T" Definitions

1.

Tandem Parking. Parking spaces that are placed one behind another and where a vehicle needs to be moved to access the desired parking space.

2.

Temporary Use. See Article 18.

U.

"U" Definitions

1.

Urban Area. For floodplain management purposes, a developed area in which there are 10,000 residents or more.

2.

Urban Level of Flood Protection (ULOP). The level of protection needed to withstand flooding that has a 1-in-200 chance of happening during any given year using criteria consistent with, or developed by, the California Department of Water Resources (DWR). "Urban level of flood protection" shall not signify shallow flooding or flooding originating from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection.

3.

Urbanizing Area. For floodplain management purposes, a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next 10 years.

4.

Use. The purpose of which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.

5.

Use Permit. See Article 25.

6.

Use Permit Amendment. See Article 25.

7.

Use Type. A category or class of land uses which share common functional, product or compatibility characteristics and which have been classified under a discreet use type in this Zoning Code. See Article 3.

V.

"V" Definitions

1.

Valley Floor. See Article 8.

2.

Variance. See Article 25.

3.

Vehicle. A device by which any person or property may be propelled, moved or drawn, except a device moved by human power or used exclusively upon stationary rails or tracks.

W.

"W" Definitions

1.

Williamson Act. Known formally as the California Land Conservation Act of 1965, it was designed as an incentive to retain prime agricultural land and open space in agricultural use, thereby slowing its conversion to urban and suburban development. The program entails a 10-year contract between the city or county and an owner of land whereby the land is taxed on the basis of its agricultural use rather than the market value. The land becomes subject to certain enforceable restrictions, and certain conditions need to be met prior to approval of an agreement.

2.

Wind Energy System, Mini. See Article 17.

3.

Wind Energy System, Small. See Article 17.

4.

Wind Energy System, System Height. See Article 17.

5.

Wind Energy System, Tower Height. See Article 17.

6.

Wireless Telecommunication Facility. See Article 18.

7.

Wireless Telecommunication Facility, Antenna. See Article 18.

8.

Wireless Telecommunication Facility, Building/Structure Mounted. See Article 18.

9.

Wireless Telecommunication Facility, Camouflaged. See Article 18.

10.

Wireless Telecommunication Facility, Co-location. See Article 18.

11.

Wireless Telecommunication Facility, Equipment Shelter or Cabinet. See Article 18.

12.

Wireless Telecommunication Facility, Freestanding. See Article 18.

13.

Wireless Telecommunication Facility, Mono-pole. See Article 18.

14.

Wireless Telecommunication Facility, Radio Propagation Model. See Article 18.

15.

Wireless Telecommunication Facility, Roof-Mounted. See Article 18.

16.

Wireless Telecommunication Facility, Tower. See Article 18.

17.

Wrecking Yard.

a.

Any area of more than 200 square feet, not entirely enclosed by a building, which is used for the storage, keeping, dismantling, processing, or wrecking of inoperable vehicles or portions thereof, inoperable machines, scrap metal, discarded tire casings, used lumber, salvaged building and structural steel materials, or similar materials or equipment; or

b.

Any parcel or lot, or contiguous parcels or lots, which is used for the storage or keeping of more than one inoperable vehicle. Notwithstanding the foregoing, the keeping of additional inoperable vehicles may be permitted subject to the criteria stated in Article 15. If such criteria are met, the use shall not be considered a wrecking yard.

c.

"Wrecking yard" shall include auto wrecking yards and junk yards, but shall not include noncommercial use of land which is accessory or incidental to the agricultural operation of such land.

Y.

"Y" Definitions

1.

Yard. An open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code. Same as setback. See Article 2.

2.

Yard, Front. A yard extending the full width of the lot between the front of the main building and the front lot line. See Article 2.

3.

Yard, Interior Side. A yard, between a building and the side lot line, extending from the front yard to the rear yard. See Article 2.

4.

Yard, Rear. A yard extended across the full width of the lot between the most rear main building and the rear lot line. See Article 2.

5.

Yard, Side Street. A yard, between a building and the side lot line adjacent to the street right-of-way, extending from the front yard to the rear yard. See Article 2.

Z.

"Z" Definitions

1.

Zero-Lot-Line. A design which allows a residential structure to be constructed up to one of the interior side property lines of a parcel.

2.

Zoning. Specific immediate use for land, which is adopted by ordinance and carries the weight as local law. It is the primary instrument for General Plan implementation.

3.

Zoning Clearance. See Article 25.

4.

Zoning Code. Chapter 1500 of the Sutter County Ordinance Code adopted to implement the Sutter County General Plan and to protect and promote the health, safety, peace, comfort, convenience, prosperity and general welfare of those living, working and visiting the County.

5.

Zoning Code Amendment. See Article 25.

6.

Zoning Code Violations. A violation of this Zoning Code or any permit or other approval granted in compliance with this Code. See Article 26.

7.

Zoning District. Any of the Zoning Districts specified in Part 2 of this Code. Also referred to as "zone".

8.

Zoning Map. The map maintained by the Planning Division showing the boundaries of the zoning districts established by this Zoning Code. See Article 4.

(Ord. No. 1629, § 5, 12-6-2016; Ord. No. 1635, § 27, 6-27-2017; Ord. No. 1649, § 20, 5-22-2018 )