chapter 20.308 definitions

Transcription

-MENDOCINO COUNTY PLANNING AND BUILDING SERVICESDIVISION II OF TITLE 20--COASTAL ZONING CODE
CHAPTER 20.308 DEFINITIONS
Sec. 20.308.005 Declaration.
Sec. 20.308.010 General Rules for Construction of Language.
Sec. 20.308.015 General Terms.
Sec. 20.308.020 Definitions (A).
Sec. 20.308.025 Definitions (B).
Sec. 20.308.030 Definitions (C).
Sec. 20.308.035 Definitions (D).
Sec. 20.308.040 Definitions (E).
Sec. 20.308.045 Definitions (F).
Sec. 20.308.050 Definitions (G).
Sec. 20.308.055 Definitions (H).
Sec. 20.308.060 Definitions (I).
Sec. 20.308.065 Definitions (J).
Sec. 20.308.070 Definitions (K).
Sec. 20.308.075 Definitions (L).
Sec. 20.308.080 Definitions (M).
Sec. 20.308.085 Definitions (N).
Sec. 20.308.090 Definitions (O).
Sec. 20.308.095 Definitions (P).
Sec. 20.308.100 Definitions (Q).
Sec. 20.308.105 Definitions (R).
Sec. 20.308.110 Definitions (S).
Sec. 20.308.115 Definitions (T).
Sec. 20.308.120 Definitions (U).
Sec. 20.308.125 Definitions (V).
Sec. 20.308.130 Definitions (W).
Sec. 20.308.135 Definitions (X).
Sec. 20.308.140 Definitions (Y).
Sec. 20.308.145 Definitions (Z).
Sec. 20.308.005 Declaration.
Provisions of this chapter shall be known as "the Definitions." The purpose of these
provisions is to promote consistency and precision in the interpretation of this Division.
The meaning and construction of words and phrases as set forth shall apply throughout
this Division, except where the context of such words or phrases clearly indicates a
different meaning or construction. Definitions contained in the Uniform Building Code
shall be applicable except when in conflict with definitions contained in this Division, in
which case the Division definition shall prevail. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.010 General Rules for Construction of Language.
The following general rules of construction shall apply to the textual provisions of this
Division:
(A) Headings. Section and subsection headings contained herein shall not be deemed to
govern, limit, modify, or in any manner affect the scope, meaning, or intent of any
provision of this Division.
(B) Illustration. In case of any difference of meaning or implication, within this Division,
between the text of any provision and any illustration, the text shall control.
(C) Shall and May. "Shall" is always mandatory and not discretionary. "May" is
discretionary.
(D) Tenses and Numbers. Words used in the present tense include the future, and words
used in the plural include the singular, unless the context clearly indicates the contrary.
(E) Conjunctions. Unless the context clearly indicates the contrary, the following
conjunctions shall be interpreted as follows:
(1) "And" indicates that the connected items or provisions shall apply.
(2) "Or" indicates that the connected items or provisions may apply singly or in any
combination.
(3) "Either...or" indicates that the connected items or provisions shall apply singly but not
in combination.
(F) All public officials, bodies, and agencies to which reference is made are those of the
County of Mendocino unless otherwise indicated. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.015 General Terms.
(A) "Board" or "Board of Supervisors" shall have the same meaning.
(B) "CEQA" means the California Environmental Quality Act.
(C) "Chapter" means a portion of the Mendocino Coastal Zoning Code unless otherwise
indicated.
(D) "Coastal Act" means the California Coastal Act of 1976 as amended (Public
Resources Code Division 20, Sections 30000 et seq.).
(E) "Coastal Commission" means the California Coastal Commission established
pursuant to the California Coastal Act (Division 20 of the Public Resources Code).
(F) "Coastal Conservancy" means the State Coastal Conservancy established pursuant to
Division 21 of the Public Resources Code.
(G) "Coastal Element" means the Land Use Plan for the coastal zone of Mendocino
County adopted as an element of the Mendocino County General Plan.
(H) "Commission" or "Planning Commission" shall have the same meaning.
(I) "County" shall mean the County of Mendocino.
(J) "Department" means the Department of Planning and Building Services.
(K) "Director" means the Director of Planning and Building Services or his/her designee.
(L) "Division" means Division II of Title 20 of the Mendocino County Code, comprising
the Mendocino County Coastal Zoning Code, unless otherwise indicated.
(M) "Federal" shall mean the Government of the United States of America.
(N) "General Plan" means the Mendocino County General Plan.
(O) "Section" means a section of the Mendocino Coastal Zoning Code unless otherwise
indicated.
(P) "State" shall mean the State of California.
(Q) "Title" means Title 20 of the Mendocino County Code, the Mendocino County
Zoning Code, unless otherwise indicated. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.020 Definitions (A).
(A) "Access" means the permission, ability and means to enter and pass to and from
property.
(B) "Access, Blufftop" means a public accessway which runs along the bluff edge of a
property.
(C) "Access, Coastal" means public rights-of-way to and along the sea.
(D) "Access, Lateral" means a public accessway for public access and use along the
shoreline.
(E) "Access, Vertical" means a public accessway which extends from the first public road
to the shoreline, a bluff edge for public viewing or to a lateral accessway.
(F) "Accessory Building" means a detached subordinate structure, the use of which is
incidental to the established primary use or main structure located on the same lot or
building site; i.e., private garage, storage shed, farm outbuildings, etc. In no case shall
such accessory structure dominate, in purpose, the principal lawful structure or use. This
definition, by itself, is not intended to prohibit an accessory structure which is greater in
size than the main structure. Accessory buildings shall not contain any sleeping quarters
or kitchen facilities and are therefore not intended for human occupancy except as
provided in Chapter 20.456.
(G) "Accessory Living Unit" means a detached bedroom as defined in Section
20.308.035(B) or a guest cottage as defined in Section 20.308.050(I).
(H) Accessory Structure. See Accessory Building.
(I) "Accessory Use" means a use of land or of a structure incidental or subordinate to the
principal use located upon the same lot.
(J) "Aggrieved Person" means any person who, in person or through a representative,
appeared at a public hearing held by the County of Mendocino in accordance with these
regulations, or who, by other appropriate means prior to action on a development permit
or variance, informed the County of his or her concerns about the application for such
permit and who objects to the action taken on such permit and wishes to appeal such
action to a higher authority.
(K) "Airport" means any area of land or water which is used or intended for use, for the
landing and take-off of aircraft, and other appurtenant areas which are used or intended
for use for airport buildings or other airport facilities or rights of way, and all airport
buildings and facilities located thereon.
(L) "Alley" means a public or private way used as a secondary means of access to
abutting property or between two (2) streets.
(M) "Amendment" means any change, modification, deletion, or addition to the wording,
text or substance of the Zoning Code, including any alteration in the boundaries of a
zone, when adopted by ordinance and passed by the Board of Supervisors in the manner
prescribed by law.
(N) "Anadromous Stream" means fresh water stream used as a migration corridor and
spawning and nursery habitat by fish, such as salmon and steelhead trout, that live most
of their lives in saltwater.
(O) Animal Raising. See Light Agriculture.
(P) "Animal Waste Processing" means processing of animal waste and byproducts,
including but not limited to animal manure, animal bedding waste, and similar
byproducts of an animal raising agricultural operation, for use as a commercial fertilizer
or soil amendment.
(Q) "Animals, Large" means cows, horses, sheep, goats, swine or similar bovine or
equine animals.
(R) "Animals, Small" means dogs, cats, birds, poultry, rabbits, chinchillas, hamsters, or
other small domesticated animals other than large animals.
(S) "Applicant" means the person, partnership, organization, corporation or state or local
government agency applying for a coastal development permit or other land use approval
pursuant to this Division.
(T) "Approving Authority" means the Planning and Building Services Department,
Coastal Permit Administrator, Planning Commission or Board of Supervisors authorized
by this Division to make decisions affecting the administration or enforcement of this
Division.
(U) "Aquaculture" means that form of agriculture devoted to the propagation, cultivation,
maintenance and harvesting of aquatic plants and animals in marine, brackish and
freshwater.
(V) "Archaeological Site" means any area containing significant or important
archaeological resources as defined in Appendix K Section III of the California
Environmental Quality Act (CEQA). Any person who in the preparation for or in the
process of excavating or otherwise disturbing earth, discovers any archaeological or
paleontological site shall cease and desist from all further excavation within one hundred
(100) feet of the discovery and notify the Director of the Department of Planning and
Building Services in conformance with Mendocino County Code Chapter 22.12. See also
Paleontological Site.
(W) "Area of Special Flood Hazard" means the land in the floodplain within a
community subject to a one (1) percent or greater chance of flooding in any given year.
This area is designated as Zone A, AO, AH, A1-30, VO, and V1-30 on the Flood
Insurance Rate Map (FIRM).
(X) "Automobile Wrecking" means the dismantling or wrecking of used motor vehicles
or trailers, or the storage, sale, dumping or abandonment of dismantled or wrecked
vehicles or their parts. The presence on any lot or parcel of land of three (3) or more
motor vehicles which for a period exceeding thirty (30) days have not been capable of
operating under their own power, and from which parts have been or are to be removed
for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.
(Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.025 Definitions (B).
(A) "Bank" means an establishment for the custody, loan, exchange or issue of money,
for the extension of credit, and for facilitating the transmission of funds.
(B) "Barn" means a building used for the shelter of livestock, the storage of agricultural
products, or the storage and maintenance of farm equipment and agricultural supplies.
(C) "Base Flood" means the flood having a one (1) percent chance of being equalled or
exceeded in any given year.
(D) "Bed and Breakfast Accommodation" or "Bed and Breakfast Inn" means any building
or portion thereof or group of buildings containing two (2) but no more than four (4)
guest rooms each used, designed or intended to be used, let or hired out for occupancy by
transient guests for compensation or profit.
(E) "Block" means all property fronting upon one (1) side of a street between intersecting
and intercepting streets, or between a street and a right-of-way, waterway, terminus of
dead end street, or city boundary. An intercepting street shall determine only the
boundary of the block on the side of the street which it intercepts.
(F) "Boarding House" means a building or portion thereof, other than an inn, bed and
breakfast, hotel, motel, hostel, or vacation home rental, where regular meals and/or
lodging are provided for compensation or profit by prearrangement for periods of thirty
(30) days or more for three (3) or more persons who do not constitute a family.
(G) "Breakaway wall" means any type of wall, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is so
designed as to break away, under wind and water loads, without damage to the structural
integrity of the building or supporting foundation on which it is used or any buildings to
which it may be carried by floodwaters. A breakaway wall shall have a design safe
loading resistance of not less than ten (10) and no more than twenty (20) pounds per
square foot. Use of breakaway walls which exceed a design safe loading resistance of
twenty (20) pounds per square foot may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and,
(2) The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of wind
and water loads acting simultaneously on all building components (structural and
nonstructural). Maximum wind and water loading values to be used in this determination
shall each have a one (1) percent chance of being equaled or exceeded in any given year
(100-year mean recurrence interval).
(H) "Building" means a structure having a roof, and which is constructed in a permanent
position upon the ground and is designed and intended to be used for the shelter or
enclosure of persons, animals or property. This definition does not include any type of
recreational vehicle, boat or tent.
(I) Building, Accessory. See Accessory Building.
(J) Building, Coverage. See Lot Coverage.
(K) "Building, Detached" means any accessory or main building that does not share a
common wall with any other main or accessory building.
(L) "Building, Height Of" means the vertical distance from the average ground level of
the building to the highest point of the roof ridge or parapet wall. (Ord. No. 3785 (part),
adopted 1991)
Sec. 20.308.030 Definitions (C).
(A)
“Camp” means an open-air location where people temporarily inhabit tents,
cabins, travel trailers or other such shelters.
(B)
“Camping Area” means any area or tract of land where camping is a permitted
use.
(C)
“Camping Area, Incidental” means any area or tract of land where camping is
incidental to the primary use of the land for agriculture, timber management,
or power development purposes and where one (1) or more campsites used for
camping are rented, leased or held out for rent or lease.
(D)
“Clinic” means any place, establishment or institution which operates under
the name or title of clinic, dispensary, health center, medical center, or any
other word or phrase of like or similar import, either independently or in
connection with any other purpose, for the purpose of furnishing at the place,
establishment, or institution, advice, diagnosis, treatment, appliances or
apparatus, to persons or animals not residing or confined in the place,
establishment, or institution, and who are afflicted with bodily or mental
disease or injury.
(E)
“Cluster” means the grouping of dwellings on parcels in suitable areas so as to
insure the preservation of the valuable site resources as opposed to even
dispersal over the project area.
(F)
“Coastal-Dependent Development or Use” means any development or use
which requires a site on, or adjacent to, the sea to be able to function at all.
(G)
“Coastal Development Permit” means a permit for any development within
the coastal zone that is required pursuant to Section 30600(a) of the Public
Resources Code and:
(1) Has been issued by the Coastal Commission, or
(2) Has been issued pursuant to Chapter 20.532 of this Division.
(H)
“Coastal High Hazard Area” means the area subject to high velocity waters,
including but not limited to coastal and tidal inundation or tsunamis. The area
is designated on a Federal Insurance Rate Map (FIRM) as Zone V and V1-30.
(I)
“Coastal Marine Ecosystem” means that area in the tidal zone and seaward
containing a delicately balanced environmental system which provides a
suitable habitat for local indigenous and migrating species, including all life
forms.
(J)
“Coastal Permit Administrator” means the Planning and Building Services
Director or designated representative who shall have the authority to
administer the coastal development process and to render decisions on
administrative permits and variances as provided in this Division.
(K)
“Combining District” means a zoning district established by this Division
which may be applied to a lot or portion thereof only in combination with a
base zoning district.
(L)
“Conditional Use” means a use which may be allowed on a conditional and
discretionary basis, subject to securing a conditional permit and also subject to
applicable provisions of this Division, and which is a development that is
appealable to the Coastal Commission.
(M)
“Conservation Easement” means a legally drafted and recorded document
between a landowner and the county, land trust, or other qualified
organization in which the owner places certain restrictions over all or portions
of his/her land or structure in perpetuity or for a specified period of time to
retain it in a predominantly natural, scenic, agricultural or other open space
condition. Except for the specific restrictions contained in the easement
document, the owner retains all other rights in the property. The easement
stays with the land and is therefore legally binding on present and future
owners.
(N)
“Construction” means the placement of construction materials in their
permanent position and fastened in a permanent manner.
(O)
Corner Lot. See Lot, Corner.
(P)
“Cottage Industry” means a small scale business operated in or around a
residential use and which complies with Chapter 20.452.
(Q)
“Cumulative Impacts” refers to two (2) or more individual effects which,
when considered together, are considerable or which compound or increase
other environmental impacts.
(R)
(1)
The individual effects may be changes resulting from a single project or
a number of separate projects.
(2)
The cumulative impact from several projects is the change in the
environment which results from the incremental impact of the project
when added to other closely related past, present, and reasonable
foreseeable probable future projects. Cumulative impacts can result from
individually minor but collectively significant projects taking place over
a period of time.
“Custom Manufacturing” means the on-site production of individually crafted
goods using hand tools or mechanical equipment typical of the types or
specifications found in a home shop, or using equipment or processes which
do not create noise, dust, fumes, visual impacts or electrical or water use in
excess of home shop or hobby equipment, and which may include incidental
onsite sales of those goods to retail consumers. Typical uses include ceramic
studios, candle-making shops, custom jewelry manufacturing, wood working
shops, printing shops, custom textile manufacturing, or light assembly of
components manufactured off-premises.
Sec. 20.308.035 Definitions (D).
(A) "Density" means the number of dwelling units per acre or square feet, calculated as
the total number of dwelling units divided by the total lot area within the boundaries of
the lot.
(B) "Detached Bedroom" means a separate incidental structure containing one (1) room
only without a kitchen or sanitation facilities, designed for and intended to be used as a
sleeping or living facility for family members to be used in conjunction with a main
structure which includes kitchen and sanitation facilities. A detached bedroom shall be
located no farther than one hundred fifty (150) feet from the main structure, and shall not
exceed five hundred (500) square feet of floor area. See Chapter 20.456 Accessory Use
Regulations.
(C) Detached Building. See Building, Detached.
(D) "Development" means on land, in or under water, the placement or erection of any
solid material or structure; discharge or disposal of any dredged material or of any
gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or
extraction of any materials; change in the density or intensity of use of land, including,
but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with
Section 66410 of the Government Code), and any other division of land, including lot
splits, except where the land division is brought about in connection with the purchase of
such land by a public agency for public recreational use; change in the intensity of use of
water, or of access thereto; construction, reconstruction, demolition, or alteration of the
size of any structure, including any facility of any private, public, or municipal utility;
and the removal or harvesting of major vegetation other than for agricultural purposes,
kelp harvesting, and timber operations which are in accordance with a timber harvesting
plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of
1973 (commencing with Section 4511).
As used in this section, "structure" includes, but is not limited to, any building, road,
pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission
and distribution line.
As used in this section, removal or harvesting of major vegetation is further defined in
Section 20.308.080.
(E) "Dwelling" means a building or portion thereof used exclusively for residential
purposes, including one-family, two-family and multiple dwellings and boarding houses,
but not including hotels, motels, inns, bed and breakfast accommodations, hostels or
other visitor accommodations.
(F) "Dwelling, Single-Family" means a building containing not more than one (1)
dwelling unit and designed for occupancy for not more than one (1) family.
(G) "Dwelling, Two-Family (Duplex)" means a building containing two (2) dwelling
units.
(H) "Dwelling, Multifamily (Apartment)" means a building or portion thereof containing
three (3) or more dwelling units.
(I) "Dwelling Group" means a group of two (2) or more dwelling units located on a
parcel of land which is held in one (1) ownership.
(J) "Dwelling Unit" means a single unit containing complete, independent living facilities
for a family, including permanent provisions for living, sleeping, eating, cooking, and
sanitation, and having only one (1) kitchen. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.040 Definitions (E).
(A) "Easement" means a recorded right or interest in the property of another, which
entitles a holder thereof to use, privilege or benefit over said property.
(B) "Emergency" means a sudden unexpected occurrence demanding immediate action to
prevent or mitigate loss or damage to life, health, property, or essential public services.
(C) "Endangered Species" means a species of animal or plant whose survival and
reproduction in the wild are in immediate jeopardy from one or more causes, including
loss of habitat, change in habitat, over-exploitation, predation, competition, disease, or
other factors; or a species of animal or plant shall be presumed to be endangered as it is
listed in (1) Sections 670.2 or 670.5, Title 14, California Administrative Code; or (2)
Title 50, Code of Federal Regulations Sections 17.11 or 17.12 pursuant to the Federal
Endangered Species Act as endangered.
(D) "Energy, Alternate" means alternate energy sources including energy from solar,
wind, waves, biomass and cogeneration sources.
(E) "Energy Facility" means any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or
other source of energy.
(F) "Environmentally Sensitive Habitat Area" means any area in which plant or animal
life or their habitats are either rare or especially valuable because of their special nature
or role in an ecosystem and which could easily be disturbed or degraded by human
activities or developments. In Mendocino County, environmentally sensitive habitat areas
include, but are not limited to: anadromous fish streams, sand dunes, rookeries and
marine mammal haul-out areas, wetlands, riparian areas, areas of pygmy vegetation that
contain species of rare or endangered plants, and habitats of rare and endangered plants
and animals.
(G) "Estuary" means a coastal water body usually semi-enclosed by land, but which has
open, partially obstructed, or intermittent exchange with the ocean and in which ocean
water is at least occasionally diluted by fresh water runoff from the land. (Ord. No. 3785
(part), adopted 1991)
Sec. 20.308.045 Definitions (F).
(A) "Family" means a person living alone, or two (2) or more persons related by blood,
marriage or adoption, or a group of unrelated persons living together who bear the
generic character of a single nonprofit housekeeping unit in a dwelling unit, as
distinguished from a group occupying a boardinghouse, inn, motel, hotel, or bed and
breakfast inn.
(B) "Family Care Home" means a state-authorized, certified, or licensed family care
home, foster home, alcoholism recovery facility, or group home serving six (6) or fewer
mentally impaired or otherwise handicapped persons or dependent and neglected children
and providing such care and service on a twenty-four (24) hour-a-day basis. No facility
shall qualify as a family care home if it is operated in such a manner that facilities,
activities, or events thereon are shared by more than six (6) mentally impaired or
otherwise handicapped persons or dependent and neglected children.
(C) "Family Care Institution" means a state-authorized, certified or licensed family care
home, foster home, or group home which does not qualify as a family care home.
(D) "Family Care Unit" means the temporary use of a building, structure or trailer coach
to provide housing for:
(1) Not more than two (2) adult persons who are sixty (60) years of age or older; or
(2) An immediate family member or members who require daily supervision and care; or
(3) A person or persons providing necessary daily supervision and care for the person or
persons residing in the main residence.
(E) "Farm Employee" means any person who derives employment in the service of
another person as an employee engaged in farming in any of its branches, including
cultivation and tilling of the soil, timber production, dairying, the production, cultivation,
growing and harvesting of any agricultural or horticultural commodities, the raising of
livestock, bees, fur-bearing animals, or poultry, and the preparation of farm products for
market and delivery to storage or to market or to carriers for transportation to market.
"Farm Employee" does not include persons solely engaged in construction, alteration,
painting, or repair of a structure, land grading or leveling or land surveying, unless they
are providing substantial improvements to the property and enhancing resource
production.
(F) "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, social, and
technological factors.
(G) "Fill" means a deposit of earth or any other substance or material by artificial means,
including piers placed in a submerged area for the purpose of erecting structures thereon.
(H) "Finding" means a legally relevant subconclusion which indicates the mode of
analysis of facts, regulations, and policies which bridge the analytical gap between raw
data and ultimate decision.
(I) "Fisheries Byproducts" means that portion of the fish catch remaining after the
primary processing has been completed.
(J) "Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
(K) "Flood Boundary Floodway Map" means the official map on which the Federal
Insurance Administration has delineated both the areas of flood hazard and the floodway.
(L) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
(M) "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the
Flood Boundary Floodway Map, and the water surface elevation of the base flood.
(N) "Flood Plain" means an area subject to temporary inundation of normally dry land
lying outside the normal stream channel as a result of one (1) or more of the following
occurrences or conditions: the overflow of inland or tidal waters, or the unusual and rapid
accumulation or runoff of surface waters from any source.
(O) "Floodway" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot. The floodway is delineated
on the Flood Boundary Floodway Map.
(P) "Floor Area, Gross" means the total of the gross horizontal areas of all floors,
including usable attics and basements, below the roof and within the exterior surfaces of
surrounding exterior walls of a building.
(Q) Free-Standing Sign. See Sign, Free-Standing.
(R) "Frontage" means that portion of a property line which abuts a legally accessible
street right-of-way.
(S) "Front Yard" means the yard between a front lot line or lines and the line defined by
the required front yard setback extending to the side lot lines. (Ord. No. 3785 (part),
adopted 1991)
Sec. 20.308.050 Definitions (G).
(A) "Garage, Private" means an accessory building or an accessory portion of the main
building, designed and/or used for the shelter or storage of vehicles owned or operated by
the occupants of the main building.
(B) "Garage, Public" means a building other than a private garage in which spaces or
stalls are rented to the public for the shelter or storage of private automobiles and other
forms of private transportation or recreational vehicles, and which may include as a use
incidental thereto, the storage of personal effects and personal household articles.
(C) "General Agriculture" means the raising of livestock as identified in Section
20.336.032.
(D) "Grade" means the lowest point of elevation of the finished surface of the ground,
paving or sidewalk within the area between the building and the property line, or when
the property line is more than five (5) feet from the building, between the building and a
line five (5) feet from the building.
(E) "Grade, Finished" means the finished surface of the ground after grading for
development.
(F) "Grade, Natural" means the surface of the ground prior to grading for development.
(G) "Grading" means any excavation or filling or combination thereof involving transfer
of more than two (2) cubic yards of material.
(H) Gross Floor Area. See Floor Area, Gross.
(I) "Guest Cottage" means a detached building (not exceeding six hundred forty (640)
square feet of gross floor area), of permanent construction, without kitchen, clearly
subordinate and incidental to the primary dwelling on the same lot, and intended for use
without compensation by guests of the occupants of the primary dwelling. (Ord. No. 3785
Sec. 20.308.055 Definitions (H).
(A)
“Habitable Floor” means any floor usable for living purposes which includes
working, sleeping, eating, cooking or recreation, or a combination thereof. A
floor used only for storage purposes is not a “habitable floor.”
(B)
Height of Building. See Building, Height of.
(C)
“Highly Scenic Areas” means areas such as landscape preservation projects
designated by the State Department of Parks and Recreation in the California
Coastline Preservation and Recreation Plan; (#60, California State Department
of Parks and Recreation); and open areas of particular value for preserving
natural landforms and significant vegetation, or for providing attractive
transitions between natural and urbanized areas; and highly scenic areas as
described in Section 30251 of the Coastal Act, in which development shall be
subordinate to the character of its setting. Highly scenic areas are designated
on the land use maps.
(D)
“Home Occupation” means an occupation which is clearly accessory and
incidental to a residential use located on the premises, which is conducted
solely by occupants of the dwelling unit, and which is conducted entirely
within the dwelling unit or accessory building(s) in a manner which does not
change or disturb the residential appearance and character of the site as
described in Chapter 20.448.
(E)
“Hospital” means an institution which specializes in giving clinical and
emergency services of a medical or surgical nature to injured persons and
which maintains and operates twenty-four (24) hour inpatient services for the
diagnosis and treatment of patients.
(F)
“Hostel” means any building or portion thereof or group of buildings
containing five (5) or more guest rooms or suites, or providing housekeeping
accommodations for five (5) or more transient guests for the purpose of
providing low cost public travel accommodations to recreational travelers.
The hostel shall provide a kitchen and sanitary facilities for use by transient
guests.
(G)
“Hotel” means any building or portion thereof containing five (5) but no more
than twenty (20) guest rooms or suites each used, designed or intended to be
used, let or hired out for occupancy by transient guests for compensation or
profit wherein meals may be provided for compensation or profit to guests
occupying the overnight accommodations. Provision of regular meals to other
than transient occupants of the facility shall require a coastal development use
permit.
(H)
“Household Pets” means animals or fowl ordinarily permitted in the dwelling
area and kept for company or pleasure and not for profit such as dogs, cats,
birds, and similar small animals, but not including a sufficient number of
animals to constitute a kennel.
Sec. 20.308.060 Definitions (I).
(A) "Implementing Ordinance" means the ordinances, regulations, or programs which
implement either the provisions or the policies of the certified local coastal program.
(B) "Inn" means any building or portion thereof or group of buildings containing five (5)
or more guest rooms or suites each used, designed or intended to be used, let or hired out
for occupancy by transient guests for compensation or profit, and where regular meals
may be provided for compensation or profit to guests occupying the overnight
accommodations. Provisions of regular meals to other than transient occupants of the
facility shall require a coastal development use permit. (Ord. No. 3785 (part), adopted
1991)
Sec. 20.308.065 Definitions (J).
(A) "Junk Yard" means any land, lot or portion thereof where there is more than (1) one
hundred (100) square feet for parcels less than forty thousand (40,000) square feet, or (2)
four hundred (400) square feet for parcels greater than forty thousand (40,000) square
feet of waste, discarded or salvaged materials bought, sold exchanged, stored, baled,
cleaned, packed, disassembled, or handled, and including used furniture and household
equipment yards, house wrecking yards, used lumber yards, and the like; excepting a site
on which such uses are conducted within a completely enclosed structure. (Ord. No. 3785
Sec. 20.308.070 Definitions (K).
(A) "Kennel" means any lot, building, structure, enclosure or premises whereupon or
wherein are kept seven (7) or more dogs, cats or similar small animals over eight (8)
weeks of age, in any combination, for more than ten (10) days, whether such keeping is
for pleasure, profit, breeding or exhibiting, and including places where dogs or cats or
similar small animals in any combination are boarded, kept for sale, or kept for hire.
(B) "Kitchen" or "Kitchenette" means any room or portion of a building used or intended
or designed to be used for cooking or the preparation of food, whether the cooking unit
be permanent or temporary and portable, including any room having a sink and cooking
stove that has a flat top with plates or racks to hold utensils over flames or coils. (Ord.
No. 3785 (part), adopted 1991)
Sec. 20.308.075 Definitions (L).
(1) "Land Use Plan" means the relevant portions of a local government's general plan, or
coastal element which are sufficiently detailed to indicate the kinds, location, and
intensity of land uses, the applicable resource protection and development policies and,
where necessary, a listing of implementing actions.
(2) Lateral Access. See Access, Lateral.
(3) "Living Area" means the interior inhabitable area of a dwelling unit including
basements and attics and shall not include a garage or any accessory structure.
(4) "Living Unit" means any building or vehicle designed or used for human habitation,
including but not limited to a dwelling, accessory living unit, farm employee housing,
farm labor camp, or mobile home.
(5) Living Unit, Accessory. See Accessory Living Unit.
(6) "Local Coastal Element" means that portion of a general plan applicable to the coastal
zone which may be prepared by local government pursuant to Division 20 of the Public
Resources Code, or such additional elements of the local government's general plan
prepared pursuant to Section 65303 of the Government Code, as the local government
deems appropriate.
(7) "Local Coastal Program" means a local government's (1) land use plans, (2) zoning
codes, (3) zoning district maps, and (4) within sensitive coastal resource areas, other
implementing actions, which, when taken together, meet the requirements of, and
implement the provisions and policies of, this division at the local level.
(8) Lodging House. See Hotel.
(9) "Lot" means a single parcel of contiguous real property shown as a delineated parcel
of land with a number or other designation on a map of subdivision created pursuant to
the Subdivision Map Act and recorded in the Mendocino County Recorder's Office; or a
parcel of real property that qualifies for a Certificate of Compliance pursuant to
Government Code Section 66499.35. "Lot" shall also mean "parcel", but does not include
road easements or right-of-way.
(10) "Lot Area" means the total area, within the boundary lines of a lot, exclusive of
easements as required in the County Division of Land Regulations for parcels zoned RR,
SR, RV, FV, C, I and PF.
(11) "Lot, Corner" means a lot situated at the intersection of two (2) or more streets,
which streets have an angle of intersection of not more than one hundred thirty-five (135)
degrees.
(12) "Lot Coverage" means the percentage of gross lot area covered by all buildings and
structures on a lot, including decks, and porches, whether covered or uncovered, and all
other projections except eaves.
(13) "Lot, Double Frontage" means a lot fronting on two (2) parallel or approximately
parallel streets.
(14) "Lot Depth" means the horizontal distance of a straight line between the mid points
of the front and rear lot lines.
(15) "Lot, Flag" means a lot with narrow frontage and a long driveway or strip of land
connecting with a street.
(16) "Lot, Interior" means a lot other than a corner lot.
(17) "Lot, Key" means an interior lot adjacent to a corner lot, the side lot of which is
contiguous with the rear lot line of the corner lot.
(18) "Lot Line" means any property line bounding a lot.
(19) "Lot Line, Exterior" means a property line abutting a public or private road or
streets.
(20) "Lot Line, Front" means the line separating the front of the lot from the street rightof-way. When a lot or building site is bounded by a public street and one (1) or more
alleys or private easement or private streets, the front lot line shall be the lot line that is
nearest to the public street. In the case of a flag lot, the front lot line shall also include the
lines, or portion of lines, on both sides of the strip of land that connects the lot with the
street, the line that is closest to and generally parallel to the street right-of-way, and the
line that is established by projecting the line that intersects the strip of land, across the
strip of land. In the case of irregular frontage or access, the front lot line shall be
determined by the Coastal Permit Administrator.
(21) "Lot Line, Rear" means the most distant lot line opposite and parallel to the front lot
line; in the case of an irregular lot, the line most closely paralleling the front lot line.
(22) "Lot Line, Side" means any lot line other than a front or rear lot line. A lot line
separating a lot from a street shall be the street-side lot line.
(23) "Lot Line, Street" means any lot line abutting on a street.
(24) "Lot, Nonconforming" means a lot which has been lawfully separated from
adjoining property by map or a metes and bounds description as on a deed but does not
meet the standards required of a lot or building site.
(25) Lot Size. See Lot Area.
(26) "Lot, Width" means the horizontal distance between side lot lines measured at the
front yard setback line.
(27) "Lowest Floor" means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage, in an area other than a basement area, is not
considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable nonelevation design requirements of
this Division. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.080 Definitions (M).
(A)
“Mail Order Businesses” means the storage, sale and delivery of goods and
merchandise produced on or off the premises to retail or wholesale consumers
by way of the mails, delivery services, or in any other manner in which
visitation to the premises by the wholesale or retail consumers is strictly
incidental.
B)
“Major Public Works and Energy Facilities” means facilities that cost more
than one hundred thousand dollars ($100,000) with an automatic annual
increase in accordance with the Engineering News Record Construction Cost
Index, except for those governed by the provisions of Public Resources Code
Sections 30610, 30610.5,30611 or 30625.
(C)
“Major Vegetation, Removal or Harvesting” shall be defined to include one or
more of the following:
(1)
The removal of more than fifteen (15) trees or ten (10) percent of the
total number of trees on the parcel, whichever is less, with a diameter of
twelve (12) inches or a circumference of thirty-eight (38) inches or more
measured at four and one-half (4 ½) feet vertically above the ground; or
(2)
The removal of trees within a total contiguous ground area of six
thousand (6,000) square feet, or within a noncontiguous area or areas not
exceeding a total of six thousand (6,000) square feet measured as the
area located directly beneath the tree canopy; or
(3)
The Planning and Building Services Director may determine that a
proposal to remove vegetation constitutes major vegetation removal if
the Planning and Building Services Director finds that it may result in a
significant impact. In making a finding that the proposed major
vegetation removal may result in a significant impact, the Planning and
Building Services Director shall review the proposal and determine if
any of the following conditions exist or are proposed:
(a) The vegetation removal involves the use of heavy equipment, or
(b)
The vegetation removal is proposed on a steep slope (fifteen (15)
percent or greater) and removal of vegetation may result in soil
erosion or landslide, or
(c)
The vegetation removal is located within or adjacent to an
environmentally sensitive habitat, or
(d)
The vegetation removal may result in significant exposure of
adjacent trees to wind damage, or
(e)
The vegetation removal may result in significant degradation of
the viewshed.
(f)
The removal of one or more trees which measure twenty-four (24)
inches or more in diameter at breast height and which are visually
or historically significant, exemplary of their species, or
ecologically significant.
(4) Exempt from this definition would be one or more of the following:
(a)
Removal of trees and other vegetation that have been reviewed and
approved in conjunction with an associated development permit; or
(b)
Removal or harvesting of vegetation for agricultural purposes in
areas presently used for agriculture; or
(c)
Kelp harvesting; or
(d)
Timber operations which are in accordance with a timber
harvesting plan submitted pursuant to the provisions of the Z’bergNejedly Forest Practice Act of 1973 (commencing with Section
4511).
(D)
“Manufactured home” means a structure that is transportable in one (1) or
more sections, built on a permanent chassis, and designed to be used with or
without a permanent foundation when connected to the required utilities. It
includes recreational vehicles, travel trailers, and other similar vehicles placed
on a site for greater than one hundred eighty (180) consecutive days.
(E)
Manufactured Home Park or Subdivision. See Mobile Home Park.
(F)
“Mean Sea Level” means the average height of the sea for all stages of the tide
over a nineteen (19) year period, usually determined from hourly height
observations on an open coast or in adjacent waters having free access to the
sea.
(G)
“Mobile Home” means a transportable structure built on a chassis for
movement, and designed to be used as a dwelling without permanent
foundation when connected to the required utilities. No such structure shall be
deemed to be a mobile home which is less than eight (8) feet wide or forty
(40) feet in length.
(H)
“Mobile Home, Converted” means a mobile home, certified under the
National Mobile Home Construction and Safety Standards Act of 1974, on a
foundation system pursuant to Section 18551 of the California Health and
Safety Code.
(I)
“Mobile Home Lot” means an area or tract of land or portion of a mobile
home park designated or used for one (1) mobile home.
(J)
“Mobile Home Park” means an area or tract of land where two (2) or more
mobile homes are rented or leased or held for rent or lease to accommodate
mobile homes for human habitation; provided that mobile home park does not
include:
(1) Premises on which any trailer coaches are parked for inspection and sale;
(2)
Premises on which all but one (1) of the trailer coaches are used
exclusively for temporary uses pursuant to Temporary Use Regulations
in Chapter 20.460;
(3)
Premises on which all but one of the trailer coaches are used exclusively
to provide farm employee housing or as a farm labor camp.
(K)
“Model Home” means an unoccupied dwelling unit temporarily used for
display purposes as an example of dwelling units available or to be available
for sale or rental for the first time in a particular subdivision or other
residential development which maybe comprised of one-family, two-family,
or multiple dwellings, or a combination thereof.
(L)
“Motel” means any building or portion thereof or group of buildings
containing five (5) or more guest rooms or suites where such rooms or suites
are directly accessible from an outdoor parking area and where each is used,
designated or intended to be used, let or hired out for occupancy by transient
guests for compensation or profit.
Sec. 20.308.085 Definitions (N).
(A) "Neighborhood Commercial" means commercial service of a small scale,
convenience retail stores and services located in and providing direct services to
residential uses in CSR and CRV Zoning Districts.
(B) "New Construction" means structures for which the "start of construction"
commenced on or after the effective date of the ordinance codified in this Division.
(C) Nonconforming Lot. See Lot, Nonconforming.
(D) "Nonconforming Structure" means a building, structure or facility, or portion thereof,
which was lawfully erected or altered or maintained, but which, because of the
application of this Division to it, no longer conforms to the specific regulations applicable
to the zone in which it is located.
(E) "Nonconforming Use" means the use of a building, structure, or site, or portion
thereof, which was lawfully established and maintained, but which, because of the
application of this Division to it, no longer conforms to the specific regulations applicable
to the zone in which it is located.
(F) "Nontransient Lodging" means the use of a portion of a dwelling unit for accessory,
rental occupancy by one (1) family exceeding thirty (30) consecutive days in duration.
(Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.090 Definitions (O).
(A)
“Ocean Ranching” means aquaculture where juvenile anadromous fish are
reared and released into state waters to grow and return to be harvested
commercially.
(B)
“Off-site Service Providers” means businesses where the primary activity is
conducted off-premises from the location of the business office or equipment,
vehicle, or supply storage. Such business may include but is not limited to
contractors, tradespeople, equipment servicers, or instructors.
(C)
“Off-Site Sign” See Sign, Off-Site.
(D)
“Onshore facility” as used in Section 20.520.015 means:
(1)
Pipelines and pipeline facilities: Pipelines, pipeline landfalls and other
related methods by which crude oil and gas are transported to crude oil
and gas processing and support facilities;
(2)
Storage facilities: Facilities for the purpose of storing crude oil and gas,
including tank farms, or storing chemicals, drilling muds, cuttings,
produced waters and other toxic materials used in the production of oil
and gas products;
(3)
Staging areas: Facilities, yards and other areas designated for the
purpose of transporting equipment to be used in, or personnel employed
in, the construction or operation of oil drilling facilities;
(4)
Waste disposal facilities: Facilities for the purpose of disposing of
chemicals, drilling muds, cuttings, produced waters and other toxic
materials generated in the course of drilling oil and gas wells, or in the
production of oil and gas, or oil and gas products, and permanent
facilities designed for waste generated by accidents and spills during any
phase of offshore oil and gas development.
(E)
“Open coastal waters” means the open ocean underlying the continental shelf
and its associated coast line. Salinities exceed 30 parts per thousand with little
or no dilution except opposite mouths of estuaries.
(F)
Open Space. See Chapter 20.340 and Chapter 20.372.
(G)
“Open Space Easement” means an easement established pursuant to
Government Code Section 51050 or 51080, or an easement which ensures the
retention of land in open space.
(H)
“Organized Camp” means a site with program and facilities established for
the primary purpose of providing an outdoor group living experience with
social, spiritual, educational, or recreational objectives for five (5) days or
more during one (1) or more seasons of the year.
(I)
“Original Jurisdiction” means whichever County body or person has the initial
authority to take action for approval, conditional approval, or denial,
regardless if that action is appealable or final.
(J)
“Owner, Property” means the person or persons, firm, corporation, or
partnership holding legal or equitable title or recorded contract or purchase of
property, or any person authorized by written instrument to act for the owner.
Sec. 20.308.095 Definitions (P).
(A) "Paleontological Site" means a site containing fossil remains of life from geological
periods predating mankind. See also Archaeological Site.
(B) Parcel. See Lot.
(C) "Parking Area" means an open area, other than a street or alley, that contains one (1)
or more parking spaces.
(D) "Parking Space" means 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
(See Chapter 20.472 for Off-Street Parking).
(E) "Pass and Repass" means the right to walk and run along the shoreline.
(F) Passive Recreational Uses. See Recreation, Passive.
(G) "Permit" means any license, certificate, approval, or other entitlement for use granted
by any public agency.
(H) "Person" means any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any
other county, city and county, city, municipality, district or other political subdivision, or
any other group or combination acting as a unit.
(I) "Planned Unit Development" means the integrated development of one (1) or more
parcels in a single or multiple ownership. Each ownership may be developed separately
under the Planned Unit Development Combining District. This development technique
permits variable parcel sizes, but an overall density not to exceed the gross densities
permitted in the zoning district. The Planned Unit Development requires a comprehensive
plan for the development encompassing such elements as the location of structures, the
circulation pattern, parking facilities, provision of utilities, maximum preservation of
open space, protection of views from public roads and pygmy vegetation where the entire
parcel is pygmy soil types and resource protection, and the type of ownership proposed to
manage the undeveloped areas, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services provided for the common
use of the persons occupying or utilizing the property.
(J) "Prime Agricultural Land" means one of the following:
(1) All land which qualifies for rating as Class I or Class II in the Soil Conservation
Service Land Use capability classifications.
(2) Land which qualifies for rating eighty (80) through one hundred (100) in the Storie
Index Rating.
(3) Land which supports livestock used for the production of food and fiber and which
has an annual carrying capacity equivalent to at least one (1) animal unit per acre as
defined by the United States Department of Agriculture.
(4) Land planted with fruit or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five (5) years and which will normally return during the
commercial bearing period on an annual basis from the production of unprocessed
agricultural plant production not less than two hundred dollars ($200.00) per acre.
(K) "Principal Permitted Use" means the primary use as designated in the Coastal
Element and this Division for each land use classification. Use Types allowed within
each principal permitted use category are specified in Chapter 20.356 through Chapter
20.404.
(L) "Principal Uses" means the primary use(s) for which land or a building is or may be
intended, occupied, maintained, arranged or designed.
(M) "Proof of Water" means testing and evaluation of an aquifer to determine the
existence of an adequate water supply. Similar to a hydrological study, but generally not
as complex.
Proof of water as defined above can be clarified further by the review of additional
related definitions as follows:
(1) "Adequate Water Supply" means a combination of production and storage of
sufficient quantities to support proposed uses which will not adversely affect contiguous
and surrounding uses as defined by the Division of Environmental Health in their
publication "Land Development Requirements", as revised.
(2) "Adversely affect" means lowering of the groundwater table of contiguous or
hydrologically contiguous parcels to the point where there is no longer an adequate water
supply for the uses existing on the parcels. This definition also includes "undesirable
result" (as defined in this section) as well as lowering of water levels in existing wells to
less than adequate as defined in (1) of this subsection or existing usage, whichever is
greater.
(3) "Undesirable result" means a depletion of the groundwater table of contiguous or
surrounding properties, or the lowering of water levels in existing wells to levels less than
adequate for existing uses, or an adverse cumulative impact where a gradual lowering of
the groundwater levels will eventually lead to a depletion of the supply.
(4) "Hydrological Study" means a study of the hydrology of a defined area.
(N) "Public and Semi-Public Facilities and Utilities" means such public and community
serving uses as schools, fire stations, churches, cemeteries, sewage treatment plants, and
community buildings.
(O) "Public Utility" means a company or corporation regulated by the California Public
Utilities Commission.
(P) "Public Works" means the following:
(1) All production, storage, transmission and recovery facilities for water, sewerage,
telephone, and other similar utilities owned or operated by any public agency or by any
utility subject to the jurisdiction of the Public Utilities Commission, except for energy
facilities.
(2) All public transportation facilities, including streets, roads, highways, public parking
lots and structures, ports, harbors, airports, railroads, and mass transit facilities and
stations, bridges, trolley wires, and other related facilities.
(3) All publicly financed recreational facilities, all projects of the State Coastal
Conservancy, and any development by a special district.
(4) All community college facilities.
(Q) "Pygmy Forest" means a stunted forest, with mature vegetation the majority of which
is approximately two (2) to twelve (12) feet in height occurring on soils with conditions
which severely limit the growth of vegetation such as Blacklock soils, and characterized
by Mendocino cypresses, Fort Bragg Manzanita, Bolander pines, and pygmy Mendocino
bishop pines.
(R) "Pygmy-type Vegetation" means a forest occurring south of the Navarro River,
mainly on Gualala series soils, characterized by stunted vegetation on sites with low
commercial timber value. Plant species include knobcone pines and manzanita. (Ord. No.
3785 (part), adopted 1991)
Sec. 20.308.100 Definitions (Q).
(Reserved) (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.105 Definitions (R).
(A) "Rare Species" means a species of animal or plant is "rare" when either:
(1) Although not presently threatened with extinction, the species is existing in such
small numbers throughout all or a significant portion of its range that it may become
endangered if its environment worsens; or
(2) The species is likely to become endangered within the foreseeable future throughout
all or a significant portion of its range and may be considered "threatened" as that term is
used in the Federal Endangered Species Act.
(3) A species of animal or plant shall be presumed to be rare as is listed in: (a) Sections
670.2 or 670.5, Title 14, California Administrative Code; or (b) Title 50, Code of Federal
Regulations Sections 17.11 or 17.12 pursuant to the Federal Endangered Species Act as
rare.
(B) "Recreation – Education" means sites or facilities which are incidental and secondary
to the primary permitted use of the property and which provide for social, spiritual,
educational, or recreational experiences and activities, including but not limited to private
schools and organized camps. Living unit must conform with density established by the
General Plan designation.
(C) "Recreation, Active" means establishment of facilities which constitute
"development" as defined in Section 20.308.035(D), and that may have the potential for
environmental impacts requiring mitigation, or which may involve hazards, generate
noise, dust, additional traffic, or have other potential impacts. Examples include
construction of spectator sports facilities, recreational boating facilities, shooting ranges,
rodeo facilities and recreational trails.
(D) "Recreation, Passive" means leisure activities that do not require permits pursuant to
this Division nor constitute "development" as defined in Section 20.308.035(D), and that
involve only minor supplementary equipment. Examples include sightseeing, hiking,
SCUBA diving, swimming, sunbathing, jogging, surfing, fishing, bird watching,
picnicking, bicycling, horseback riding, boating, photography, nature study and painting.
(E) "Recreational Vehicle" means a motorhome, travel trailer, truck camper or camping
trailer, with or without motor power, designed for human habitation for recreational or
emergency occupancy, which is less than eight (8) feet wide or forty (40) feet in length.
(F) "Recycling Center" means places of business or public facilities where materials such
as metal (excluding white metal or appliances), aluminum, paper, cardboard, glass,
plastic and other similar items are permitted for the purpose of collection, processing or
recycling. Such use shall include the baling, bundling, crushing, smashing, separation,
shredding or similar action necessary to facilitate the handling of recyclable materials,
but, shall exclude motor vehicle wrecking and junk yards.
(G) "Redemption Center" means a small collection center for the acceptance and
temporary storage of redeemable materials from the public by donation, redemption or
purchase. Such a facility may not exceed one thousand (1,000) square feet and if not
contained within a permanent structure, must be contained behind a solid six (6) foot high
fence secure from unauthorized entry. The process of preparing the accumulated
recyclable material for efficient shipment or to an end-user's specifications may be
conducted during the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday.
Processing may include baling, compacting, crushing, mechanical sorting or shredding
where such processing activities do not cause the noise level to exceed fifty (50) dBA
Leq at the property line adjacent to a residence or sixty (60) dBA Leq at the property line
adjacent to a commercial use.
(H) "Refuse Disposal Site" means an area devoted to the disposal of refuse, including
incineration, reduction, or dumping of ashes, garbage, combustible or noncombustible
garbage or refuse, offal or dead animals.
(I) "Resort" means a dispersed type of Visitor Accommodations and Services such as:
dude ranches, dispersed overnight cabin accommodations, health spas and other similar
uses which are designated with an *5 or *5C on the Coastal Element Land Use Maps.
(J) Roof Sign. See Sign, Roof. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.110 Definitions (S).
(1) "Sand Dunes" mean naturally occurring accumulations of sand in ridges or mounds
on the beach as well as landward of the beach.
(2) "School" means a building or group of buildings which are used or intended to be
used for occupancy and use by teachers and students engaged in the process of learning
and the pursuit of knowledge. A public school is a free tax-supported school controlled
by a governmental authority.
(3) "Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes,
sloughs, and other areas subject to tidal action through any connection with the Pacific
Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and
drainage channels.
(4) "Seat" or "Seating Area" means the actual seating capacity of an area based on the
number of seats or one (1) seat per eighteen (18) inches on a bench or pew.
(5) "Semipublic Facilities" means buildings, structures, or other facilities which are
privately owned but which may be used to accommodate public gatherings, including but
not limited to lodges, granges, social clubs, and fraternal and religious organizations.
(6) "Sensitive Coastal Resource Areas" means those identifiable and geographically
bounded land and water areas within the coastal zone of vital interest and sensitivity.
"Sensitive coastal resource areas" include the following:
(a) Special marine and land habitat areas, wetland, lagoons, and estuaries as mapped and
designated in the Coastal Element of the Mendocino County General Plan;
(b) Areas possessing significant recreational value;
(c) Highly scenic areas;
(d) Archaeological and paleontological sites referenced in the California Coastline and
Recreation Plan or as designated by the State Historic Preservation Officer;
(e) Special communities or neighborhoods which are significant visitor destination areas;
(f) Areas that provide existing coastal housing or recreational opportunities for low- and
moderate-income persons;
(g) Areas where divisions of land could substantially impair or restrict coastal access.
(7) "Setback" means a required, specified distance between a building or structure and a
lot line or lines, measured perpendicularly to the lot line in a horizontal plane extending
across the complete length of said lot line or lines.
(8) "Setback, Front Yard" means the building or structure setback applicable in the front
yard of a lot.
(9) "Setback, Rear Yard" means the building or structure setback applicable in the rear
yard of a lot.
(10) "Setback, Side Yard" means the building or structure setback applicable in the side
yard of a lot.
(11) "Sewer District" means a geographical area within the jurisdiction of a public entity
or sewage system corporation operating a community sewage disposal system.
(12) "Sewer Service Area" means a geographical area served by a community sewage
disposal system operated by a public entity or by a sewage system corporation.
(13) "Shopping Center" means any combination of three (3) or more separately owned or
leased and operated retail businesses on a single or commonly owned or leased parcel, or
a commercial complex including five (5) or more uses occupying a site of at least two (2)
acres. A group of contiguous retail stores, service facilities and related uses utilizing
common facilities such as parking, landscaping, signing and loading areas. This group
does not necessarily have to be in one (1) ownership.
(14) "Shoreline" means the line where a body of water and the shore meet.
(15) "Sign" means any metal, wood, paper, cloth, plastic, paint, material, structure or part
thereof, device or other thing whatsoever which is located upon, placed, erected,
constructed, posted, painted, tacked, nailed, glued, stuck, carved, fastened or affixed to
any building or structure, on the outside or inside of any window or on any awning,
canopy, marquee or similar appendage, or on the ground or on any tree, wall, bush, rock,
post, fence or other thing whatsoever in such manner as to be visible out-of-doors and
which displays or includes any numeral, letter, word, model, banner, emblem, insignia,
symbol device, light, illuminated device, trademark, or other representation used as, or in
the nature of, an announcement, advertisement, attention arrester, direction, warning, or
designation of any person, firm, group, organization, place, commodity, product, service,
business, profession, enterprise, or industry. "Sign" shall include any portable sign.
(16) "Sign Area" means the entire area within the smallest parallelogram, triangle, circle,
or combination thereof, which can be delineated so as to encompass the extreme limits of
all elements comprising an integral part of a sign display, including any frame or border,
but not including essential structural elements, unless it is determined that such structural
elements are an integral part of the total sign display; provided, however, that where the
surface or face of a sign is curved, spherical, cylindrical or any other similar form, the
area of such sign shall be computed on the basis of the projected configuration of that
surface or face. The area of any double-faced sign shall be the area of the single face,
unless otherwise provided. All other multiple-faced signs shall be the total area of all
faces or panels. Sign area as it pertains to sign copy shall mean and be computed as the
entire area within the smallest continuous perimeter of not more than eight (8) straight
lines encompassing the extreme limit of all of the sign copy of a sign. In the case of a
sign composed of individual letters or other devices mounted on a building wall, the copy
area of such sign shall be the sum of the areas of the smallest rectangles encompassing
each of the individual letters or other devices which comprise the sign copy.
(17) "Sign Face" means the surface of the sign upon, against, or through which the
message is displayed or illustrated on the sign.
(18) "Sign, Free-standing" means any sign mounted upon its own standard which is
supported wholly by structural anchorage to the ground, or mounted upon any accessory
structure which does not constitute a building.
(19) "Sign Height" means the highest point of any sign face appendage or structural
support members, whichever is the greater.
(20) "Sign, Nonconforming" means a sign lawfully erected, established, and maintained
prior to the effective date of the ordinance codified in this Division which, because of the
application of this Division, does not conform to applicable regulations.
(21) "Sign, Off-Site" means any sign as defined in this section other than an on-site sign.
(22) "Sign, On-Site" means a sign which pertains and is accessory to a business or other
use located on the same lot or which offers a lot or portion thereof for sale or lease.
(23) "Sign, Portable" means a sign and its supporting structure not permanently affixed to
the ground or any structure, or a sign located upon a vehicle or trailer placed or parked so
as to be visible from the public right-of-way, for the basic purpose of providing
advertisement of products or directing people to a business or activity. Portable signs
shall not include business identification painted or stenciled on vehicles, the primary
purpose of which is identifying the business owning or operating the vehicle.
(24) "Sign, Projecting" means any sign other than a wall sign which is attached to and
projects from the wall or face of a building or structure including a marquee sign.
(25) "Sign, Roof" means any sign erected, painted upon, against, or directly above a roof
or on top of or above the parapet of a building, and which is supported wholly or in part
by said building. Any roof, the slope of which varies not more than forty-five (45)
degrees from a vertical plane, shall be considered wall space for the purpose of placement
of wall signs.
(26) "Sign, Wall" means any sign, painted or mounted on a wall or of solid construction,
located as to be approximately parallel with the face of a building not to extend eighteen
(18) inches from the face of a building or structure.
(27) "Significant effect on the environment" means a substantial, or potentially
substantial, adverse change in any of the physical conditions within the area affected by
the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of
historic or aesthetic significance. An economic or social change by itself shall not be
considered a significant effect on the environment. A social or economic change related
to a physical change may be considered in determining whether the physical change is
significant.
(28) "Special Treatment Area" means an identifiable and geographically bounded
forested area within the coastal zone that constitutes a significant habitat area, area of
special scenic significance, and any land where logging activities could adversely effect a
public recreation area or the biological productivity of any wetland, estuary, or stream
especially valuable because of its role in a coastal ecosystem. Such a designation
identifies timberlands where stringent Timber Harvest Plan requirements and harvesting
rules are applied in order to protect the area's special scenic and natural qualities. Special
Treatment Area also includes a designated scenic corridor along both sides and parallel to
Highway 1 from Ten Mile River south to the Sonoma County line, a minimum of two
hundred (200) feet or inland to the first line of trees nearest the road. In no case does the
corridor extend more than three hundred fifty (350) feet from the road shoulder. Special
Treatment Area buffer zones are also located adjacent to all publicly owned preserves
and recreation areas, including national, state, regional, county and municipal parks.
These buffer zones include those forested areas within the Coastal zone within two
hundred (200) feet of all such publicly owned preserves and recreation areas. In addition,
a watercourse and lake protection zone has been established by the Board of Forestry
within Special Treatment Areas. The width of this zone varies generally from fifty (50)
feet to two hundred (200) feet from the edge of the watercourse depending on the
steepness of slope and the "Clarification of the Watercourse" (i.e., I, II, III, and IV).
(29) "Stable" means a structure or paddock used for the boarding, breeding, training, or
raising of horses, including horses not owned by the occupants of the premises.
(30) "Stable, Public" means a stable or arena used for the riding, training and performing
of horses by other than the occupants of the premises or their nonpaying guests, but
excluding boarding or breeding stables.
(31) "Storage of Nonoperating Vehicles" means the presence on any lot or parcel of land
of three (3) or more motor vehicles which, for a period exceeding thirty (30) days, have
not been capable of operating under their own power, and from which no parts have been
or are to be removed for reuse or sale shall constitute prima facie evidence of the storage
of nonoperating motor vehicles. The storage of nonoperating motor vehicles shall not
include automobile wrecking.
(32) "Street" means a County road, State highway, public road, street or alley, or private
thoroughfare or easement not less than ten (10) feet in width connecting with a County
road, State highway, public road, street or alley which affords primary access to an
abutting lot.
(33) "Structural Alterations" means any change in the supporting members of a building
such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof
rafters.
(34) "Structure" means anything constructed or erected, the use of which requires
location on the ground, including, but not limited to, any building, road, pipe, flume,
conduit, siphon, aqueduct, telephone line, electrical power transmission and distribution
line, antenna and satellite dish.
(35) Structure, Nonconforming. See Nonconforming Structure.
(36) "Substantial improvement" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the market value of the
structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the
structure.
The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure safe
living conditions; or
(b) Any alteration of a structure listed on the National Register of Historic Places, a State
Inventory of Historic Places or any structure over one hundred (100) years old.
(37) "Swimming Pool" means a pool, pond, or open tank, capable of containing water to
a depth greater than one and one-half (1 ½) feet at any point and designed or used for
wading, swimming, bathing, soaking or therapeutic purposes. (Ord. No. 3785 (part),
adopted 1991)
Sec. 20.308.115 Definitions (T).
(A) "Tasting Room" means an area devoted to the sampling and sales thereof of wine or
beer produced on or off the premises. Sale of food is prohibited; however, incidental
provision of food without compensation is allowed.
(B) "Tidal Zones" are water regime areas affected by oceanic tides between the subtidal
area which is permanently flooded with tidal waters to the irregularly flooded area where
the land surface is flooded by tidal waters less often than daily.
(C) "Tidelands" means lands which are located between the lines of mean high tide and
mean low tide.
(D) "Timber Processing and Related Facilities" means facilities including sawmills, pulp
mills, veneer mills, other timber processing plants, log decks, by-product storage sites,
and related operating areas required for product processing.
(E) "Trailer Coach" means any vehicle, with or without motor power, designed or used
for human occupancy for residential, recreational, industrial, professional or commercial
purposes and shall include mobile homes and recreational vehicles.
(F) "Transient Guest" means any person who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other agreement for
a period of thirty (30) consecutive calendar days or less, counting portions of calendar
days as full days. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.120 Definitions (U).
(A) "Uniform Building Code (UBC)" means the UBC in use by Mendocino County.
(B) "Urban/Rural Boundary" means the areas to which the Coastal Act's rural land
division policy would apply as defined by Section 30250(a) of the Act and the Coastal
Element of the Mendocino County General Plan.
(C) "Usable Open Space" means one (1) or more open areas adjacent to any use, the
purpose of which is to provide an outdoor area designed for outdoor recreation,
landscaping, viewing or sitting.
(D) "Use" means the purpose for which land or a building is occupied, arranged, designed
or intended, or which land or a building is or may be occupied or maintained.
(E) Use, Nonconforming. See Nonconforming Use.
(F) "Use Permit" means a permit which may be granted by the appropriate Mendocino
County authority to provide for the accommodation of land uses with special site or
design requirements, operation characteristics, or potential adverse effects on
surroundings, which are not permitted by right but which may be approved upon
completion of a review process and, where necessary, the imposition of special
conditions of approval by the permit granting authority. (Ord. No. 3785 (part), adopted
1991)
Sec. 20.308.125 Definitions (V).
(A) "Vacation Home Rental" means a single family residential dwelling unit intended for
single family occupancy designed to be let or hired as an entire unit for occupancy by
transient guests for compensation or profit; not a Visitor Accommodation and Service
Facility as defined in this Division. Where a site contains a single-family residence and a
visitor accommodation and service facility, the conversion of a single-family residence to
a vacation home rental shall be considered an addition or expansion of unit(s) to the
visitor accommodation and service facility. The conversion may be allowed with a
coastal development permit, provided that the conversion meets the allowable density of
the visitor accommodation and service facility and all other provisions of this Division.
(B) "Variance" means a departure from the specific requirements, excluding uses, of the
Zoning Code which may be granted by the appropriate Mendocino County authority
when, because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of the requirements of this
Division deprives such property of privileges enjoyed by other property in the vicinity
under identical zoning classification. Any variance granted shall be subject to such
conditions as will assure that the authorized adjustment shall not constitute a grant of
special privileges inconsistent with the limitations upon other properties in the vicinity
and zone in which such property is located. See Chapter 20.540.
(C) "Visitor Accommodations and Services" means uses oriented to the needs of the
touring public which may include overnight accommodations such as inns, hotels, motels,
resorts and accessory uses such as visitor oriented retail sales, equipment rentals or eating
and drinking establishments. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.130 Definitions (W).
(A) Wall Sign. See Sign, Wall.
(B) "Water District" means a geographical area within the jurisdiction of a private or
governmental entity providing water for domestic use in conformance with the California
Domestic Water Quality and Monitoring Regulations, Title 22, California Administrative
Code.
(C) "Water Service Area" means a geographical area served by a public water system
providing water for domestic use in conformance with the California Domestic Water
Quality and Monitoring Regulations, Title 22, California Administrative Code.
(D) "Well, Water" means a shaft or hole sunk to obtain water.
(E) "Wetlands" means lands covered periodically or permanently with shallow water,
including saltwater marshes, freshwater marshes, open or closed brackish water marshes,
swamps, mudflats, and fens. Wetlands are extremely fertile and productive environments.
Tidal flushing from the ocean and/or nutrient-rich freshwater runoff mix to form a
delicate balance responsible for their productivity. They function as nurseries for many
aquatic species and serve as feeding and nesting areas for water fowl, shore birds and
wading birds, as well as a few rare and endangered species such as the peregrine falcon.
(F) Wrecking Yard. See Automobile Wrecking. (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.135 Definitions (X).
(Reserved) (Ord. No. 3785 (part), adopted 1991)
Sec. 20.308.140 Definitions (Y).
(A) "Yard" means an open area on the same site as a structure, unoccupied and
unobstructed by a building, except as otherwise provided by this Division.
(B) "Yard, Front" means the yard between a front lot line or lines and the line defined by
the required front yard setback extending to the side lot lines.
(C) "Yard, Rear" means the yard between a rear lot line or lines and the line defined by a
required rear yard setback extending to the side lot lines.
(D) "Yard, Side" means the yard between a side lot line or lines and the line defined by a
required side yard setback, extending from the front yard to the rear yard.
(E) "Yard, Side, Exterior" means a side yard abutting a street.
(F) "Yard, Side, Interior" means any side yard other than an exterior side yard. (Ord. No.
3785 (part), adopted 1991)
Sec. 20.308.145 Definitions (Z).
(A) "Zone" means an area to which a uniform set of regulations relating to use of the land
and the size of and location of buildings on the land, in order to assure the health, safety
and general welfare of the County applies.
(B) "Zoning Code" means a zoning code adopted by the County of Mendocino.
(C) Zoning District, Combining. See Combining District.
(D) "Zoning Map" means a map displaying zone district boundaries which is kept and
maintained by the Planning and Building Services Department. (Ord. No. 3785 (part),
adopted 1991)

chapter 20.308 definitions

Transcription

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