Mendocino County Municipal Code Ch. 20.608 Definitions

The provisions of this Chapter shall be known as the Town of Mendocino Zoning Code Definitions. The purpose of these provisions is to promote consistency and precision in the application and interpretation of this Division. The meaning and construction of words and phrases as set forth herein 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 definitions in this Division shall control.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

The following general rules of construction shall apply to the textual provisions of the Town of Mendocino Zoning Code:

(A) Headings. Section and subsection headings contained herein shall not be declared to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the Town of Mendocino Zoning Code.

(B) Illustration. In case of any difference of meaning, implication, or connotation 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 directory (discretionary). "May" is always directory (discretionary) and not mandatory.

(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 all of the connected items or provisions shall apply.

(2) "Or" indicates that the connected items or provisions may apply singly or in any combination, as stated.

(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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Board" or "Board of Supervisors" both mean the Board of Supervisors of the County of Mendocino.

(B) "CEQA" means the California Environmental Quality Act (Division 13, California Public Resources Code).

(C) "Chapter" means a portion of the Mendocino Town 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, as established pursuant to the Coastal Act (Division 20, California Public Resources Code).

(F) "Coastal Conservancy" means the California State Coastal Conservancy, as established pursuant to Division 21, California Public Resources Code.

(G) "Coastal Element" means the Land Use Plan for the coastal zone of the County of Mendocino, adopted as an element of the Mendocino County General Plan and certified by the California Coastal Commission.

(H) "Commission" or "Planning Commission" both mean the Planning Commission of the County of Mendocino.

(I) "County" means the County of Mendocino.

(J) "Department" means the Department of Planning and Building Services of the County of Mendocino.

(K) "Director" means the Director of the Department of Planning and Building Services of the County of Mendocino.

(L) "Division" means Division III of Title 20 of the Mendocino County Code, which contains the entire Town of Mendocino Zoning Code, unless otherwise indicated.

(M) "Federal" means the Government of the United States of America.

(N) "General Plan" means the County of Mendocino General Plan.

(O) "Mendocino Town Plan" means the Town of Mendocino Local Coastal Program Land Use Plan, which is Chapter 4.13 of the Mendocino County General Plan Coastal Element.

(P) "MHRB" or "Review Board" means the Mendocino Historical Review Board.

(Q) "Section" means a section of the Town of Mendocino Zoning Code, unless otherwise indicated.

(R) "State" means the State of California.

(S) "Title" means the Mendocino County Zoning Code (Title 20 of the Mendocino County Code), unless otherwise indicated.

(T) "Town" means the unincorporated area of the Town of Mendocino, within the boundaries adopted by the County and approved by the Coastal Commission for the geographic segmentation of the Town of Mendocino, for local coastal program purposes, on June 13, 1990, and which consist of (a) the boundary of the County of Mendocino along the shoreline of the Pacific Ocean and (b) the terrestrial boundary of the Mendocino City Community Services District as it existed on June 13, 1990. The Town boundaries are depicted on the Town of Mendocino certified Local Coastal Program Zoning Map and the Town of Mendocino certified Local Coastal Program Land Use Map.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Access" means the permission, ability, and means to enter and pass to and from real property.

(B) "Access, Blufftop" means a public accessway which runs along the bluff edge of a lot.

(C) "Access, Coastal" means public rights of way to and along the sea.

(D) "Access, Lateral" means a public accessway, alley, path, trail, street, road, easement, or other right-of-way which provides public access and use along, or generally parallel to the shoreline.

(E) "Access, Vertical" means a public accessway, alley, path, trail, street, road, easement, or other public right-of-way which provides a public access connection between the first public road, street, trail, or public use area to:

(1) Publically owned tidelands,

(2) The shoreline,

(3) The bluff top for public viewing, or

(4) To a lateral public 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, including, but not limited to, a private garage, storage shed, barn, and similar out buildings. 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 20.704.

(G) "Accessory Living Unit" means a guest cottage as defined in Section 20.608.026(H).

(H) "Accessory Structure." See Accessory Building.

(I) "Accessory Use" means the use of land or of a structure incidental or subordinate to the principal use located on the same lot or parcel.

(J) "Aggrieved Person" means any person who, in person or through a representative, appeared at a public hearing held by the County in connection with the decision or action appealed; or who, by other appropriate means, prior to a hearing, informed the County of, the nature of his or her concerns, or who for good cause was unable to do either. "Aggrieved person" includes the applicant for a coastal development permit and, in the case of an approval of a local coastal program, the local government involved.

(K) "Alley" means a public or private way used as a secondary means of access to abutting real property, or between two (2) streets.

(L) "Alteration" means the addition to, removal of, repair, glazing, painting or removal of paint, and similar modifications of a structure or outdoor advertising sign, or any part thereof, in Historical Zone A and Historical Zone B.

(M) "Amendment, Coastal Development Permit" means any change to an approved or issued coastal development permit that constitutes a change in the approved development, or of any approved condition of development approval.

(N) "Amendment, Local Coastal Program" means any change, modification, deletion, or addition, including but not limited to any wording, text, table, illustration, or figure, appendix, and/or documents incorporated by reference of the certified Mendocino Town Plan, Mendocino Town Land Use Map, Mendocino Town Zoning Code, or Mendocino Town Zoning Map, including any alteration in the boundaries of a zoning district, when adopted by the Board of Supervisors in the manner prescribed by law; provided, that no amendment to the Town of Mendocino Zoning Code shall become effective until it is certified by the California Coastal Commission.

(O) "Animals, Large" means sheep, goats, swine, or similar bovine or equine animals.

(P) "Animals, Small" means dogs, cats, birds, poultry, rabbits, chinchillas, hamsters, or other small domesticated animals, other than large animals.

(Q) "Apartment" means a portion of a building which is designed and built for occupancy by three (3) or more families living in separate dwelling units.

(R) "Applicant" means a person, partnership, organization, corporation, or federal, state or local government agency who is applying to the Planning and Building Services Department of the County of Mendocino for a coastal development permit, other land use approval administrative permit, or building permit or (b) the Mendocino Historical Review Board for review and approval of activities or work pursuant to the Mendocino Historical Preservation District Ordinance.

(S) "Approving Authority" means the Planning and Building Services Department, Coastal Permit Administrator/Zoning Administrator, Mendocino Historical Review Board, Planning Commission, or Board of Supervisors authorized by this Division to make decisions affecting the administration or enforcement of the Mendocino Town Local Coastal Program, as certified by the Coastal Commission.

(T) "Aquaculture" means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals within the Town of Mendocino boundaries in, marine, brackish and fresh water. "Aquaculture" does not include species of ornamental marine or freshwater plants and animals not utilized for human consumption or bait purposes that are maintained in closed systems for personal, pet industry, or hobby purposes.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Beach, inland extent" means a distinct linear feature on the landward side, including, but not limited to, (a) a seawall, road, or coastal bluff; (b) the inland edge of the further inland beach berm as determined from historical surveys, aerial photographs, and other records or geological evidence; or (c) where there is no beach berm, the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence.

(B) "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.

(C) "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.

(D) "Bed and Breakfast Accommodations" means any building or portion thereof, or groups of buildings, (a) containing two (2) but no more than four (4) lodging units (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 (b) in which breakfast, snacks, other light meals, or beverages may be provided for separate compensation or as part of a room or suite package.

(E) "Block" means all real 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 accommodations, hotel, motel, hostel, vacation home rental, or student-instructor housing facility, 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) "Building" means a roofed structure, 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 personal property. This definition does not include any type of recreational vehicle, boat, or tent.

(H) Building, Accessory. See Accessory Building.

(I) Building Coverage. See Lot Coverage.

(J) "Building, Detached" means any accessory or main building that does not share a common wall with any other accessory or main building.

(K) "Building, Height of" means the vertical dimension of the roofline, parapet, or uppermost edge or plane of a building or structure, as measured from natural grade at any point within the building footprint.

(L) "Building, Main" means (1) a building which is devoted primarily to a principal use or uses; or, (2) the only building on a lot. Where two (2) or more buildings are on a lot and each is occupied by a principal use, the main building shall be the largest building on the lot.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "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.

(B) "Coastal Bluff" means:

(a) (1)

Those bluffs, the toe of which is now or was historically (generally within the last two hundred (200) years) subject to marine erosion; and

(2) those bluffs, the toe of which is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2).

(b) (1)

Bluff line or bluff edge shall be defined as the upper termination of a bluff, cliff, or sea cliff.

(2) In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff.

(3) In a case where there is a step-like feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge.

(c) The termini of the bluff line, or edge along the seaward face of the bluff, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff.

(d) Five hundred (500) feet shall be the minimum length of bluff line or bluff edge to be used in making these determinations.

(C) "Coastal-dependent Development" means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

(D) "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.

(E) "Coastal-Related Development" means any development or use that is dependent on a coastal-dependent development or use.

(F) "Coastal Permit Administrator/Zoning Administrator" means the Planning and Building Services Director or designated representative, who shall have the authority to administer the coastal development permit process and to render decisions on variances, minor use permits and administrative permits as provided in this Division.

(G) "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 basic zoning district.

(H) "Community Garden" means an area of land managed and operated by one (1) or more persons to sustainably grow and harvest food crops and/or non-food crops, including, but not limited to, flowers, for personal or group use or consumption. Community gardens may be divided into separate plots for cultivation by one (1) or more individuals, or may be farmed collectively by members of the group.

(I) "Conditional Use" means a use that may be allowed on a conditional and discretionary basis, subject to securing a conditional use permit pursuant to the applicable procedures and requirements of Mendocino Town Zoning Code Chapter 20.720, and for which a coastal development permit may, pursuant to California Public Resources Code Section 30603(a)(4), be appealed by an aggrieved person to the California Coastal Commission.

(J) "Conservation Easement" means a legally drafted and recorded document between a landowner and the county, land trust, other qualified organization, or other public agency in which the owner places certain restrictions over all or portions of his/her land or structure in perpetuity, or for a period of time specified in such easement, 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 real property. The easement shall run with the land and is therefore legally binding on present and future owners, heirs, assigns, and successors in interest.

(K) "Construction" means clearing, grading, or other activities that involve ground disturbance; building, reconstructing, or demolishing a structure; and creation or replacement of impervious surfaces.

(L) Corner Lot. See Lot, Corner.

(M) "Cottage Industries" means a small scale business operated in or around a residential use, and which complies with Chapter 20.700.

(N) "Cumulative Effect" ("Cumulative Impact") means the combined consequences of:

(a) The incremental effects of an individual action, development, or project in connection with the effect of past actions, developments, or projects;

(b) The effects of other current actions, developments, or projects; and

(c) The effects of reasonably foreseeable probable future actions, developments, or projects.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Day Care Home — Small Family" means a home providing day care for children under eighteen (18) years of age as defined by the California Health and Safety Code, but excluding overnight care.

(B) "Day Care Home — Large Family" means a home providing day care for children under eighteen (18) years of age as defined by the California Health and Safety Code, but excluding overnight care.

(C) "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.

(D) Detached Building. See Building, Detached.

(E) (1)

"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 California Public Resources Code Section 4511).

(2) 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.

(3) As used in this section, removal or harvesting of major vegetation is further defined in Section 20.608.032.

(F) "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 full-time visitor accommodations.

(G) "Dwelling, Single-Family" means a building that contains not more than one (1) dwelling unit and is designed for occupancy by not more than one (1) family, as defined in Section 20.608.025.

(H) "Dwelling, Two Family (Duplex)" means a building that contains two (2) dwelling units.

(I) "Dwelling, Multi-Family (Apartment)" means a building or portion thereof that contains three (3) or more dwelling units.

(J) "Dwelling Unit" means a single unit containing complete, independent living facilities for a person, persons, or a family, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one (1) kitchen.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Easement" means a recorded right or interest in the real property of another, which entitles a holder thereof to a use, privilege or benefit over said property.

(B) "Emergency" means a sudden unexpected occurrence that demands immediate action to prevent, or mitigate, loss or damage to life, health, property, or essential public services.

(C) "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.

(D) "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 the Town of Mendocino, 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, and habitats of rare and endangered plants and animals.

(E) "Estuary" means a coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level of an estuary may be periodically increased to above that of the open ocean due to evaporation.

(F) "Exterior of Structure" means, within Historic Zone A and Historic Zone B, any portion of the outside of a structure, any outdoor advertising sign, or any addition thereto or enlargement thereof.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(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 non-profit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding house, inn, motel, hotel, or bed and breakfast accommodation.

(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) "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.

(F) "Fill" means a deposit of earth or any other substance or material by artificial means, including pilings placed in a submerged area for the purposes of erecting structures thereon.

(G) "Finding" means a legally relevant conclusion which indicates the mode of analysis of facts, regulations, and policies that bridge the analytical gap between raw data and an ultimate decision.

(H) Finished Grade. See Grade, Finished.

(I) "First Public Road Paralleling the Sea:"

(a) The first public road paralleling the sea means: that road nearest to the sea, as defined in Public Resources Code Section 30115, which (1) is lawfully open to uninterrupted public use and is suitable for such use; (2) is publicly maintained; (3) is an improved, all-weather road open to motor vehicle traffic in at least one direction; (4) is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and (5) does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

(b) When based on a road designated pursuant to this section, the precise boundary of the permit and appeal jurisdiction shall be located along the inland right-of-way of such road.

(c) The "Post-LCP Certification Permit and Appeal Jurisdiction; County of Mendocino" map number thirty-two (32) adopted by the Coastal Commission on May 14, 1992, and reproduced in Appendix 6, depicts the location of the first public road paralleling the sea in the Town of Mendocino.

(J) "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 or surrounding exterior walls of a building.

(K) "Formula Lodging means a motel, hotel, inn, motel, or other visitor-serving lodging facility, that along with ten (10) or more other establishments, regardless of location or ownership, maintains two (2) or more of the following standardized features: business name, décor, color scheme, façade, architecture, uniforms, advertising, or other similar standardized features.

(L) "Formula Restaurant" means a restaurant devoted to the preparation and offering of food and beverages for sale to the public, that along with ten (10) or more other establishments regardless of location or ownership, maintains two (2) or more of the following standardized features: business name, menus, ingredients, décor, color scheme, façade, architecture, uniforms, advertising, or other similar standardized features."

(M) "Formula Retail" means a retail sales or rental activity or retail sales or rental establishment, that along with ten (10) or more other establishments, regardless of location or ownership, maintains two (2) or more of the following standardized features: business name, décor, color scheme, façade, architecture, uniforms, advertising, or similar standardized features

(N) Free-Standing Sign. See Sign, Free-Standing.

(O) "Frontage" means that portion of a property line that abuts a legally accessible street right-of-way.

(P) Front Yard. See Yard, Front.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(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, or used by, the public for the shelter or storage of private automobiles, 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) "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.

(D) "Grade, Finished" means the finished surface of the ground after grading for development.

(E) "Grade, Natural" means the surface of the ground prior to grading for development.

(F) "Grading" means any excavation, filling, or combination thereof, involving movement or transfer of more than twenty-five (25) cubic yards of earthen material within, from, or to a lot or parcel.

(G) Gross Floor Area. See Floor Area, Gross.

(H) "Guest Cottage" means a detached building (not exceeding six hundred forty (640) square feet of gross floor area), of permanent construction, without a kitchen, that is 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Habitable Floor" means any floor, usable for living purposes, that 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) "Historically Important." See Sec. 20.760.025(C) Historically Important.

(D) "Home Occupation" means an accessory use of not more than twenty-five (25) percent of the floor area of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods and/or services, which is conducted solely by occupants of the dwelling unit in a manner which does not change or disturb the residential appearance and character of the site. No home occupation shall be conducted in the garage or an accessory building; provided, that occupants of the dwelling may use an accessory building as a home office, art studio, or for similar purposes.

(E) "Hostel" means any building or portion thereof, or group of buildings, containing five (5) or more dormitory rooms or private rooms, or providing accommodations for five (5) or more transient guests, for the purpose of providing lower cost public travel accommodations to recreational travelers. The hostel shall provide a kitchen, common room, and sanitary facilities for use by the transient guests.

(F) "Hotel" means any building, or portion thereof, or group of buildings, containing five (5) or more lodging units (guest rooms or suites), each of which is used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit. A hotel may offer meals or beverages for separate compensation or as part of a room or suite package.

(G) "Household Pets" means animals or fowl ordinarily permitted in the dwelling area and kept for company or pleasure, rather than for profit, such as dogs, cats, birds, and similar small animals, but not including a sufficient number of animals to constitute a kennel, as defined in Section 20.608.30(A).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Implementing Ordinance" means the ordinances, regulations, or programs which implement the policies or mandatory actions of the certified Town of Mendocino Land Use Plan (Town Plan).

(B) "Inn" means any building, or portion thereof, or group of buildings containing five (5) or more lodging units (guest rooms or suites), each of which is used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit. An inn may offer meals or beverages for compensation or as part of a room or suite package.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Junk Yard" means any land, lot, or portion thereof where, (1) within an area greater than one hundred (100) square feet on a parcel smaller than forty thousand (40,000) square feet (a) waste is stored, or (b) discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, and (2) within an area greater than four hundred (400) square feet on a parcel larger than forty thousand (40,000) square feet, (a) waste is stored, or (b) discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled. As used in this Section, a junk yard also means any used furniture and household equipment yards, house wrecking yards, used lumber yards, automobiles wrecking or parts recycling yard, and similar facilities.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Kennel" means any lot, building, structure, enclosure, or premises, including places where dogs, cats, or similar small animals in any combination are boarded, kept for sale, or kept for hire, 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.

(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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Land Use Plan" means the relevant portions of the County general plan, or local coastal element for the Town of Mendocino, 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.

(B) "Landmark Structure" means any structure that is listed in the Inventory of Historic Buildings (Appendix 1 of the Mendocino Town Plan), where the construction date has been identified, its history has been substantiated, and only minor alterations have been made in character with the original architecture.

(C) "Lateral Access." See Access, Lateral.

(D) "Light Agriculture" means:

(1) Land devoted to the hatching, raising, butchering or marketing on a small scale of chickens, turkeys or other fowl or poultry and eggs, rabbits, fish, frogs, mink, chinchilla or other small farm animals or animals similar in nature, provided that not more than ten (10) mature animals per forty thousand (40,000) square feet, combined total, of all species, may be kept, fed or maintained. The permissible number of animals per acre shall be computed on the basis of the nearest equivalent ratio (i.e. five (5) animals on twenty thousand (20,000) square feet). For smaller parcels (under twenty thousand (20,000) square feet located in R+, MU, and C districts, up to four (4) hens (no roosters) may be kept. Coops or pens shall be located only on the rear one-third (⅓) of the lot and shall be located no closer than five (5) feet from the side or rear property line.

(2) The grazing of cattle, horses, sheep, goats, hogs or other farm stock or animals, including the supplementary feeding thereof, provided not more than one (1) such animal per forty thousand (40,000) square feet shall be kept or maintained. The total number of all species shall not exceed four (4). In no event shall there be any limit to the permissible number of sheep or goats which may be grazed per acre when such grazing operations conducted on fields for the purpose of cleaning up unharvested crops and, further where such grazing operation is not conducted for more than four (4) weeks in any six (6) month period.

(3) For parcels of forty thousand (40,000) square feet or larger, keeping of small and large animals shall be cumulative (i.e. eighty thousand (80,000) square feet: two (2) large animals or twenty (20) small animals).

(4) Apiaries, provided that no more than two (2) working hives may be kept on parcels of forty thousand (40,000) square feet or less.

(5) Sale of agricultural products, raised, or produced on the premises.

(6) 4-H, FFA or similar projects shall be permitted in all zoning districts, except that no roosters shall be allowed.

(E) "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.

(F) "Living Unit" means any building or vehicle designed or used for human habitation, including, but not limited to a dwelling, guest house, accessory living quarters, farm employee housing, farm labor camp or mobile home.

(G) "Local Coastal Element" means that portion of the County of Mendocino General Plan, applicable to the coastal zone, which has been prepared pursuant to Division 20 of the Public Resources Code, or any additional elements of the local government's general plan prepared pursuant to Section 65303 of the Government Code, as the County Board of Supervisors deems appropriate and are certified by the California Coastal Commission.

(H) "Local Coastal Program:, Pursuant to Public Resources Code Section 30108.6, the Town of Mendocino Land Use Plan, Town of Mendocino Zoning Code, Town of Mendocino Zoning District Map, and any other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act within the boundaries of the Town of Mendocino as depicted on the Mendocino Town Land Use Map (Figure 4.13-3) and Mendocino Town Zoning Map (Mendocino Town Zoning Code Figure 1).

(I) "Lodging House." See Hotel.

(J) "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 rights-of-way.

(K) "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.

(L) "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.

(M) "Lot Coverage" means the percentage of gross lot area covered by all buildings and structures on a lot, including decks, porches, and covered walkways; excluding uncovered required parking areas, landscaping, patios, terracing, and rainwater, groundwater, or potable water storage tanks.

(N) "Lot, Double Frontage" means a lot fronting on two (2) parallel or approximately parallel streets.

(O) "Lot Depth" means the horizontal distance of a straight line between the midpoints of the front and rear lot lines.

(P) "Lot, Flag" means a lot with narrow frontage and a long driveway or strip of land connecting with a street.

(Q) "Lot, Interior" means a lot other than a corner lot.

(R) "Lot, Key" means an interior lot adjacent to a corner lot, the side line of which is contiguous with the rear lot line of the corner lot.

(S) "Lot Line" means any property line bounding a lot.

(T) "Lot Line, Exterior" means a property line abutting a public or private road or street.

(U) "Lot Line, Front" means the line separating the front of the lot from the street right-of-way. When a lot or building site is bounded by a public street and one (1) or more alleys or private easements or private streets, the front lot line shall be the lot line that is nearest to the public street. In the case of a double frontage lot, the front lot line shall be the lot line abutting on either 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.

(V) "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.

(W) "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.

(X) "Lot Line, Street" means any lot line abutting on a street.

(Y) "Lot, Nonconforming" means a lot which has been lawfully created but does not meet the standards required of a lot or building site.

(Z) "Lot Size." See Lot Area.

(AA) "Lot, Width" means the horizontal distance between side lot lines measured at the front yard setback line.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Main Building." See Building, Main.

(B) "Major Energy Facility" means an energy facility as defined in PRC § 30107 that costs more than one hundred thousand dollars ($100,000.00), with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index since 1982, except for those major energy facilities governed by the provisions of Public Resources Code Sections 30610 (Exempt Development), 30610.5, 30611, or 30624.

(C) "Major Public Works" means: (1) a public works facility as defined in PRC § 30114 that (a) costs more than one hundred thousand dollars ($100,000.00), with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index since 1982, except for those major public works that are governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611, or 30624. (2) Notwithstanding the criteria in Section 20.608.032(C)(1), "major public works" also means a publicly financed recreational facility that serves, affects, or otherwise impacts regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

(D) "Major Vegetation, Removal or Harvesting" means one or more of the following:

(1) The cutting, chemical eradication, excavation, girdling, or other direct or indirect removal of more than fifteen (15) trees or ten (10) percent of the total number of trees on a lot, whichever is less, with a tree circumference of thirty-eight (38) inches or more measured at four and one-half (4½) feet vertically above the ground; or

(2) The cutting, chemical eradication, excavation, girdling, or other director or indirect 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 total of the area(s) located directly beneath the tree canopy; or

(3) If any of the following conditions exist or are proposed they shall be considered major vegetation removal:

(a) The vegetation removal involves the use of mechanized equipment with a weight greater than five (5) tons;

(b) The vegetation removal is proposed on a steep slope (of fifteen (15) percent or greater) and removal of vegetation may result in soil erosion or other instability;

(c) The vegetation removal is located within or adjacent to an environmentally sensitive habitat area, stream, wetland, coastal bluff, or beach;

(d) The vegetation removal may result in significant exposure of adjacent trees or other major vegetation to wind damage;

(e) The vegetation removal may result in significant degradation of the public view shed from a public road, street, park, or open space area; or

(f) The removal of one (1) or more trees which measure twenty-four (24) inches or more in diameter at four and one-half (4½) feet (54 inches) above natural grade that are visually or historically significant, exemplary of their species, or ecologically significant.

(4) The following are excluded from this definition and do not constitute removal of major vegetation or harvesting in the Town of Mendocino:

(a) Removal of trees and other vegetation that have been reviewed and approved in conjunction with an associated development which has been granted a coastal development permit; or

(b) Removal or harvesting of vegetation for legally established agricultural purposes in areas presently used for agriculture; or

(c) Harvesting of lawful agricultural products from lots on which light agriculture or community gardens are allowed by the Mendocino Town Local Coastal Program; or

(d) 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 California Public Resources Code Section 4511), as amended.

(E) "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.

(F) "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.

(G) "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 may be comprised of one-family, two-family, or multiple dwellings, or a combination thereof.

(H) "Motel" means any building or portion thereof or group of buildings containing five (5) or more lodging units (guest rooms or suites) where such rooms or suites are directly accessible from an outdoor parking area and where each is used, designed, or intended to be used, let or hired out, for occupancy by transient guests for compensation or profit.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "New Construction" means structures for which the "start of construction" commenced on or after the effective date of this Division.

(B) "Nonconforming Lot." See Lot, Nonconforming.

(C) "Nonconforming Signs." See Sign, Nonconforming.

(D) "Nonconforming Structure" means a building, structure or facility, or portion thereof, which was lawfully erected or altered or maintained, but which no longer conforms to the specific regulations, as set forth in the certified Mendocino Town Plan and Mendocino Town Zoning Code, that are applicable to the land use classification and zoning district 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 no longer conforms to the specific regulations, as set forth in the certified Mendocino Town Plan and Mendocino Town Zoning Code, that are applicable to the land use classification and zoning district in which it is located.

(F) Non-operating Vehicles, Storage of. See Storage of Non-operating Vehicles.

(G) "Non-transient Lodging" means the use of a portion of a dwelling unit for accessory, rental occupancy by one (1) family for thirty (30) consecutive days or more in duration. The term "non-transient" shall be synonymous with "long term" when used in the context of residential use or visitor accommodations.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Off-Site Sign." See Sign, Off-Site.

(B) "Office, Business" means an office which has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of clients or payments, and the keeping of records and accounts pertaining to the particular business.

(C) "Office, Professional" means an office from which and at which a doctor or other practitioner of healing arts, a dentist, lawyer, engineer, architect, accountant or similar professional person may offer services, and including medical or dental laboratories.

(D) "On-Site Sign." See Sign, On-Site.

(E) "Open Space." See Chapter 20.636 and Chapter 20.672.

(F) "Open Space Easement" means an easement established pursuant to Government Code Sections 51050 or 51080, or an easement which ensures the retention of land in open space (See also Conservation Easement).

(G) "Original Jurisdiction" for purposes of implementation of the Town of Mendocino Local Coastal Program means that County entity or person that has the initial authority to take action for approval, conditional approval, or denial of an application for a coastal development permit or other authorization or entitlement required by this Division, regardless if that action is appealable or final.

(H) "Owner, Property" means:

(1) The person or persons, firm, corporation, partnership, or public agency holding legal or equitable title, or a recorded contract for purchase of property, or

(2) Any person authorized by written instrument to act for the owner of real property within the Town of Mendocino.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Paleontological Site" means a site containing fossil remains of life from geological periods generally predating the Holocene Epoch.

(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.

(E) "Permit" means any license, certificate, approval, or other entitlement for use granted by any public agency.

(F) Permit, Coastal Development. See Coastal Development Permit.

(G) Permitted Use: A land use allowed by the Mendocino Town Plan and this Division subject to compliance with the applicable provisions of the Town LCP, and subject to obtaining any other permit required by this Division. County actions on CDPs allowing such uses are appealable to the Coastal Commission. Use types allowed within each permitted use category are specified in Chapters 20.644 through 20.684.

(H) "Person" means any individual, partnership, joint venture, association, social club, fraternal organization, estate, trust, receiver, syndicate, limited liability company or other business association or corporation, including any utility, and any, federal, state, local government, or special district or an agency thereof; 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. Planned Unit Development requires a comprehensive plan for development to ensure the maximum preservation of open space, protection of views from public roads, preservation of pygmy vegetation areas where the entire parcel is pygmy soil types and for coastal and natural resource protection. The Planned Unit Development may encompass elements including, but not limited to, the type of ownership proposed to manage the undeveloped areas, a program for operation and maintenance of all areas, provision for facilities and services for the common use of persons occupying or utilizing the property, the location of structures, the circulation pattern, parking facilities, and for provision of utilities.

(J) "Principal Permitted Use" means the primary land use designated in the Mendocino Town Plan and this Division for each land use classification and zoning district, and comprising development which is functionally related to one (1) another so as to be viewed as one (1) use type. Development designated as the principal permitted use in a particular zoning district is not appealable to the Coastal Commission pursuant to Section 30603(a)(4) of the Coastal Act, but may be appealable pursuant to other provisions of Section 30603(a). Development designated as the principal permitted use is subject to compliance with all applicable provisions of the certified LCP and subject to obtaining any other permit required by the County Code. Use Types allowed within each principal permitted use category are specified in Chapters 20.644 through 20.684.

(K) "Private Garage." See Garage, Private.

(L) "Projecting Sign." See Sign, Projecting.

(M) "Public Facilities, Semi-Public Facilities, and Public Utilities" means, public and community serving uses including, but not limited to:

(1) Schools,

(2) Fire stations, hydrants, and other fire suppression/prevention infrastructure,

(3) Community Services District and State Parks upland support facilities,

(4) Sheriff's substations,

(5) Public roads, streets, trails, and access ways,

(6) Churches and other houses of worship,

(7) Cemeteries,

(8) Sewage treatment plants, including infrastructure for beneficial reuse of reclaimed water,

(9) Community water company facilities,

(10) Infrastructure for interception, retention, and beneficial reuse of storm water runoff,

(11) Lavatories,

(12) Electric vehicle charging stations on land owned by a public agency, and

(13) Community buildings.

(N) "Public Garage." See Garage, Public.

(O) "Public Stable." See Stable, Public.

(P) "Public Utility" means a company or corporation regulated by the California Public Utilities Commission.

(Q) "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.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Quasi-Public Facilities." See Semi-Public Facilities.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "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.

(B) "Recreation, Active" means activities that generally involve running, throwing, or other forms of sport or exercise that may include use of specialized equipment. Active Recreation activities may require improvements, including establishment of facilities which constitute "development" as defined in Section 20.608.023(E), that may have the potential for significant adverse impacts on the environment, on coastal resources, or on coastal public access, which may include hazards, noise, dust, glare, objectionable odors, substantial additional traffic, or other potential impacts. Examples of active recreation include bicycling, horseback riding, paragliding, coastal bluff and rock climbing, sports and amusement facilities, recreational boating facilities, archery and shooting ranges, rodeo and equestrian facilities, recreational parking and other upland support facilities, and recreational trails, paths, and access ways.

(C) "Recreation, Passive" means leisure activities that do not constitute "Development," as defined in Section 20.608.023(E), and that do not require permits pursuant to this Division. Examples include sight seeing, hiking, snorkeling or SCUBA diving, walking, swimming, sunbathing, jogging, surfing, fishing, bird and/or other nature watching, picnicking, photography, nature study, drawing, and painting.

(D) "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.

(E) "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.

(F) "Residential Parcel" means a parcel zoned MRR, MSR, MTR, MRM or MMU.

(G) "Residential Use" means occupancy of a structure by the owner(s) as his/her principal place of residence; or, by long term tenant(s) as his/her principal place of residence. As used in this Section, "long term tenant" means a tenancy of thirty (30) days or longer.

(H) "Roof Sign." See Sign, Roof.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "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.

(B) "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 non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

(C) "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.

(D) "Second Dwelling Unit" means a detached or attached dwelling unit that provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels as the primary unit is situated. Second dwelling units are not intended for transient habitation and shall not be sold separately from the primary housing unit on the parcel, but may be rented for long term occupancy by family members or tenants.

(E) "Semi-Public Facilities" means buildings, structures, or other facilities which are privately owned, including by not-for-profit organizations, but which may be used to accommodate public gatherings, including but not limited to art centers, lodges, granges, non-public schools, social clubs, theaters, and fraternal and religious organizations. (See Sec. 20.608.035[L].)

(F) "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.

(G) "Setback, Front Yard" means the building or structure setback applicable in the front yard of a lot.

(H) "Setback, Rear Yard" means the building or structure setback applicable in the rear yard of a lot.

(I) "Setback, Side Yard" means the building or structure setback applicable in the side yard of a lot.

(J) "Shoreline" means the Mean High Tideline of the Pacific Ocean.

(K) "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 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 a 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, community, product, service, business, profession, enterprise or industry. "Sign" shall include any portable sign.

(L) "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.

(M) "Sign Face" means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

(N) "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.

(O) "Sign Height" means the highest point of any sign face appendage or structural support members, whichever is the greater.

(P) "Sign, Nonconforming" means a sign lawfully erected, established, and maintained prior to the effective date of this Division, which because of the application of this Division, does not conform to applicable regulations.

(Q) "Sign, Off-Site" means any sign as herein defined other than an on-site sign.

(R) "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.

(S) "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.

(T) "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.

(U) "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.

(V) "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.

(W) "Significant Effect on the Environment " means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by an activity, development, or 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

(X) "Single-Family Residence." See Dwelling, Single-Family.

(Y) "Single Unit Rental" means the use of an attached or detached structure which is operated in conjunction with a residential use or commercial use, as a short term rental for transient occupancy, for a fee charged, and subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(Z) "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 affect 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 the 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).

(AA) "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.

(BB) "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.

(CC) "Standardized Feature" means substantially the same as other features, but need not be identical to them.

(DD) "Storage of Non-operating Vehicles" means the storage of non-operating motor vehicles shall not include automobile wrecking. The presence on any lot or parcel of land of two (2) 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 non-operating motor vehicles.

(EE) "Street" means a County road, State highway, public road, street, alley, or private thoroughfare or easement not less than ten (10) feet in width that connects with a County road, State highway, public road, street, or alley which affords primary access to an abutting lot.

(FF) "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.

(GG) "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including, but not limited to, any building, road, street, highway, bridge, culvert, fence, other enclosure or exclosure, pipe, flume, conduit, siphon, aqueduct, telephone line, electrical power transmission and distribution line, antenna and satellite dish.

(HH) "Structure," Nonconforming. See Non-conforming Structure.

(II) "Student-Instructor Housing Facility" means any portion of an educational facility providing long-term or intermittent housing for people affiliated with a school or art center including students, instructors, artists-in-residence, staff, and scholar art program members. Transient occupancy of such units by the general public may occur. However, housing use by school or art center affiliates are given priority. Provision of tenancy shorter than thirty (30) days shall be subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(JJ) "Suite" means a group of two (2) adjoining rooms with a single exterior door in a visitor serving facility, and without any shared interior doors. Each suite shall be:

(a) Limited to no more than one (1) kitchen per suite;

(b) Rented as one (1) unit; and

(c) Charged as one (1) unit subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(KK) "Swimming Pool" means a pool, pond, or open tank, capable of containing water to a depth greater than one and one-half (1½) feet at any point and designed or used for wading, swimming, soaking, bathing or therapeutic purposes.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Tasting Room" means an area, generally within a structure:

(1) Devoted to the sampling and sales of wine or beer produced on or off the premises, and

(2) Where incidental provision of food as part of the wine or beer tasting may be allowed.

(B) "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 home and recreational vehicle.

(C) "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 twenty-nine (29) consecutive calendar days or fewer, counting portions of calendar days as full days. The term "transient" shall be synonymous with "short term" when used in the context of residential use or visitor-serving lodging facility accommodations.

(D) "Travel Trailer." See Recreational Vehicle.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Uniform Building Code (UBC)" means the UBC adopted by the Mendocino County Board of Supervisors.

(B) "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.

(C) "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.

(D) "Use, Accessory." See Accessory Use.

(E) "Use, Conditional." See Conditional Use.

(F) "Use, Nonconforming." See Non-conforming Use.

(G) "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 potentially significant adverse effects on coastal resources, on the environment, or on surroundings, and 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.

(H) "Use Permit, Major" means a use permit under the original jurisdiction of the Planning Commission.

(I) "Use Permit, Minor" means a use permit under the original jurisdiction of the Coastal Permit/Zoning Administrator.

(J) "Use, Principal." See Principal Use(s).

(K) "Use, Principal Permitted." See Principal Permitted Use.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Vacation Home Rental" means a dwelling unit that is the only use on the property, which may be rented short term for transient occupancy (twenty-nine (29) days or fewer), for a fee charged and subject to Chapter 520 (Uniform Transient Occupancy Tax) and Chapter 6.04 (Business License Tax) of the Mendocino County Code.

(B) "Variance" means a departure from the zoning requirements of the Zoning Code governing setbacks, building heights, and lot widths and 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. Variances may not be granted to modify either the use requirements or any other requirements of the Mendocino Town Plan or Zoning Code. 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 20.724.

(C) "Visitor Serving Facility" means any hostel, hotel, inn, or bed and breakfast accommodations designated on the Mendocino Town Land Use Map and Mendocino Town Zoning Map with an asterisk (*) or asterisk-B (*B). See Chapter 20.684 Visitor-Serving Facility Combining District.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) "Wall Sign." See Sign, Wall

(B) "Well, Water" means a shaft or hole sunk to obtain water.

(C) "Wetlands" means lands within the coastal zone which may be covered periodically or permanently with shallow water, including saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

(1) Wetlands shall be further defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats.

(2) The upland limit of a wetland shall be defined as:

(a) The boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;

(b) The boundary between soil that is predominantly hydric and soil that is predominantly non-hydric; or

(c) In the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.

(3) The term "wetland" shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:

(a) The pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and,

(b) There is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.

(D) "Work" means activities set forth in the Historical District Preservation Ordinance for the Town of Mendocino (Mendocino Town Zoning Code Sections 20.760.030, 20.760.035, and 20.760.045) that require prior approval of the Mendocino Historical Review Board, except as specifically provided in Mendocino Town Zoning Code Sections 20.760.040.

(E) "Wrecking Yard" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping 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. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(Reserved).

(Ord. No. 3915 (part), adopted 1995.)

(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. 3915 (part), adopted 1995.)

(A) "Zone" means an area to which a uniform set of regulations apply that relate the use of the land and the size and location of buildings on the land, in order to assure the public health, safety, and general welfare. "Zone" is synonymous with "Zoning District".

(B) "Zoning Code, Town of Mendocino" means the zoning code adopted by the County of Mendocino Board of Supervisors, and certified by the California Coastal Commission, for the Town of Mendocino.

(C) "Zoning District, Combining." See Combining District.

(D) "Zoning Map" means a map displaying zone district boundaries, that has been adopted by the Board Of Supervisors as conforming to, and adequate to carry out, the Town Land Use Plan, Town Land Use Map, and Town Zoning Code, which is kept and maintained by the County Planning and Building Services Department.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)