Chapter 8.04 — ZONING GENERAL PROVISIONS

There is hereby adopted a Zoning Ordinance which is a precise section of the Land Use Plan Unit of the Master Plan of the County of San Mateo, State of California, and which ordinance constitutes a Zoning Ordinance under the provisions of Section 65800, et seq., of the Government Code of the State of California.

This Zoning Ordinance is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare, and for the accomplishment thereof is adopted for the following more particularly specified purposes:

• (a) To guide, control, and regulate the future growth and development of San Mateo County.

• (b) To protect the character and the social and economic stability of agricultural, residential, commercial, industrial, and other private and public areas within the County, and to assure the orderly and beneficial development of such areas.

• (c) To obviate the menace to the public safety resulting from the locating of buildings, and the use thereof, and the use of land, adjacent to streets and highways which are a part of the Streets and Highway Plan Unit of the Master Plan of the County, or which are important thoroughfares, in such manner as to cause interference with existing or prospective traffic movements on said streets and highways.

• (d) To provide adequate light, air, privacy, and convenience of access to property; and to secure safety from fire, inundation, and other danger.

• (e) To prevent overcrowding the land and prevent undue congestion of population.

For the purpose of this Part, certain terms used herein are defined as follows:

All words used in the present tense shall include the future tenses; all words in the plural number shall include the singular, and all words in the singular number shall include the plural number unless the natural construction of the wording indicates otherwise. The word “lot” includes the word “plot,” the word “building” includes the word “structure,” and the word “shall” is mandatory and not directory. The word “county” as used herein shall mean the County of San Mateo, State of California; the words “Board of Supervisors” shall mean the Board of Supervisors of the County of San Mateo, State of California; the words “Planning Commission” shall mean the County Planning Commission

of San Mateo County, State of California; and the words “County Boundary” shall mean the boundary of the County of San Mateo, State of California, or the boundary of any incorporated municipality within said County.

1. ADULT BOOKSTORES, ADULT MOVIE HOUSES, AND ADULT CABARETS.

• (a) Adult bookstore: A building or portion thereof used by an establishment having as a substantial or significant portion of its stock-in-trade for sale to the public books, magazines or other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or anatomical areas.

• (b) Adult movie house: A building or portion thereof, or area, whether open or enclosed, regularly used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons or customers.

• (c) Adult cabarets: A building or portion thereof, or area, regularly used for the presentation or exhibition or featuring of topless or bottomless dancers, strippers, or any entertainers regularly displaying specified anatomical areas for observation by patrons or customers.

• (d) Specified sexual activities:

  • (1) Human genitals in a state of sexual stimulation or arousal;

  • (2) Acts of human masturbation, sexual intercourse, sodomy or bestiality; or

  • (3) Fondling or other erotic handling of human genitals, pubic region, buttock or female breast.

• (e) Specified anatomical areas:

  • (1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola.

  • (2) Human male genitals in a discernibly turgid state.

(Prior Code § 6102.1.5; Ord 2813 – 12/07/82)

2. ADVERTISING STRUCTURE.

A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes.

“Advertising structure” does not include:

• (a) Official notices issued by any court or public body or officers;

• (b) Notices posted by any public office, in performance of a public duty or by any person in giving legal notice;

• (c) Directional, warning or information structures required by or authorized by law or by Federal, County, or State authority.

3. AGRICULTURE.

The tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, dairying, or animal husbandry.

4. AIRPORT.

Any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights of way together with all airport buildings and facilities located thereon.

5. ALLEY.

A passage or way open to public travel affording generally pedestrian and/or vehicular access to abutting lots and not intended for general traffic circulation.

6. ALTER.

To make any change in any of the supporting members of a building or structure such as bearing walls, columns, beams, or girders, or to make any change or addition for which a building permit is required.

7. ANIMAL FANCIERS.

A person, business or entity who keeps at least five (5) dogs, or five (5) cats, or any combination of dogs and cats which totals five (5), not to exceed ten (10) dogs, or ten (10) cats, or any combination of dogs and cats which totals ten (10) per one-family dwelling unit.

(Prior Code § 6102.6.3; Ord 3446 – 12/15/1992)

8. APARTMENT.

A room, or suite of two or more rooms, which is designed for, intended for, or occupied by one family for living or sleeping purposes and doing its cooking therein.

9. APARTMENT COURT.

See Dwelling Group.

10.. APARTMENT HOUSE.

See also “Dwelling-Multiple.” Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the said building. This includes flats and apartments.

11. AUTOMOBILE WRECKING YARDS.

See Junk Yard.

12. AUTOMOBILE COURT.

Dwellings or dwelling units occupying a building site integrally owned and used to furnish transient living accommodations - primarily for use of automobile travelers.

13. AUTOMOBILE TRAILER PARK.

Land where space is used, rented or offered for rent to owners or users of trailer coaches.

14. AUTO WRECKING ESTABLISHMENTS.

Premises which are so covered or enclosed that, in either case, they are not open to ordinary view and which are used for the same purposes as Automobile Wrecking Yards.

15. BAR.

Any building or structure, or any portion of a building or structure, or any premises or place where alcoholic beverages are sold, given, delivered, or consumed, or permitted to be sold, given, delivered, or consumed in compliance with the provisions of Division 9 (commencing with Section 23000) of the Business and Professions Code.

(Prior Code § 6102.13.1; Ord 2813 – 06/08/1982)

16. BASEMENT.

A story partly underground and having at least one-half (l/2) of its height above grade. A basement shall be counted as a story if the vertical distance from grade to the ceiling is over five feet or if used for business purposes, or if

used for dwelling purposes by other than a janitor or domestic servants employed in the same building including the family of the same.

17.. BED AND BREAKFAST INN

(definition for areas outside Coastal Zone only). The short term (less than 30 days) rental of not more than five (5) guest rooms and/or the providing of table board for guests, in a dwelling or otherwise, but not to the extent of constituting a hotel as defined in this Part, unless permitted in the district. When provided in a dwelling in a residential district, the bed and breakfast use shall be incidental to that of its occupancy as a dwelling of the character permitted in the respective district and shall not alter the character of the premises in respect to their use as a dwelling. See Chapter 8.324.

(Prior Code § 6102.14.1; Ord 4225 – 07/27/2004)

18. BILLBOARD.

Same as Advertising Structure.

19. BLOCK.

That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets, and railroad right-of-way, unsubdivided acreage, water course, or body of water.

20. BOARDING HOUSE.

A building or portion thereof other than a hotel or restaurant in which more than five (5) persons are furnished meals for a consideration.

21. BUILDING.

Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel. When any portion thereof is completely separated from every other portion thereof by masonry division or fire wall without any window, door, or other opening therein which wall extends from the ground to the upper surface of the roofing at every point, then each such portion shall be deemed to be a separate building.

22. BUILDING - ACCESSORY.

A detached subordinate building, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land, and which is located on the same lot with the main building or use.

23. BUILDING - MAIN.

A building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which the same is situated.

24. BUILDING SITE.

The ground area of a building or buildings together with all open spaces required by this Part and which site abuts upon a public or private street.

25. BUNGALOW COURTS.

Grouped dwelling or dwelling units and their accessory buildings occupying an integrally owned building site and used for non-transient living accommodations.

26. BUSINESS OR COMMERCE.

The purchase, sale, or other transaction involving the handling or disposition (other than assembly manufacture, reduction, or destruction) of any article, substance, commodity or service for profit or livelihood including, in addition,

office buildings, offices, garages, laundries, lumber yards, outdoor advertising signs, and outdoor advertising structures, recreational and amusement enterprises conducted for profit, but not including junk yards as defined in this Part.

27. CAMP GROUNDS OR AUTOMOBILE CAMPS.

Integrally owned premises where any persons camp or live in any manner other than in a building of frame or more lasting type of construction and set upon fixed foundations, excepting automobile trailer parks as defined herein and excepting further the occasional and temporary use by a single camping party.

28. CARD ROOM.

Any building or structure, or any portion of a building or structure, or any premise of place where the lawful playing of cards is permitted, regardless of whether the tables, chairs, and other furniture and fixtures are temporary or permanent, or whether such premises are at times used for other purposes.

(Prior Code § 6102.24.1; Ord 2792 – 06/08/1982)

29. CATTERIES.

A place for the breeding, raising, keeping, boarding or other handling of more than ten (10) cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with the keeping of animals at catteries include, but are not limited to, grooming, training, and sales of animals and supplies.

(Prior Code § 6102.24.2; Ord 3446 – 12/15/1992)

30. CLUB.

Any building or structure, or any portion of a building or structure, or any premises or place, occupied by a group of associated persons or an organization organized for social, charitable, service, fraternal, professional, or trade purposes.

(Prior Code § 6102.25; Ord 1792 – 06/08/1982)

31. COUNTRY INN.

A visitor-serving facility in a rural area, not exceeding two stories in height.

(Prior Code § 6102.25.1; Ord 2703 – 12/16/1980)

32. COURT.

An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

33. DISTRICT.

• (a) A portion of the unincorporated territory of the County within which certain uses of land and buildings are permitted and certain other uses of land and buildings are prohibited, or within which building heights are restricted, or certain yards and other open spaces are required, or within which certain lot areas are established, or within which a combination of such aforesaid regulations are applied, all as set forth and specified in this Part.

• (b) A portion of the unincorporated territory of the County within which are applied certain regulations designated as combining regulations as set forth in this Part.

34. DWELLING.

A building or a portion thereof used or designed and intended to be used for human habitation, including sleeping purposes.

35. DWELLING, ONE-FAMILY (SINGLE-FAMILY RESIDENCE).

• (a) A building containing exclusively a single dwelling unit and built to the specifications of the Uniform Building Code (UBC) or a mobile home containing exclusively a single dwelling unit, built to the Federal Department of Housing and Urban Development (HUD) Construction Standards, on a permanent foundation system, pursuant to Section 18551 of the Health and Safety Code.

• (b) All One-Family Dwellings:

  1. Shall have a minimum width of 18 feet as measured by the narrowest elevation;

  2. Shall not have siding which is highly reflective;

  3. Shall not have finished roofing material which is highly reflective except for the employment of solar energy devices;

  4. Where perimeter foundations are not installed, screening of the under-floor area shall be provided to conceal plumbing, conduit and under-floor insulation materials. Where the floor level is less than or equal to three feet above grade, screening shall extend to the ground, taking into consideration building code requirements.

  5. Shall not have screening material which is highly reflective or incompatible with siding material.

(Prior Code § 6102.29; Ord 2736 – 06/23/1981)

36. DWELLING, TWO-FAMILY.

A building containing exclusively two dwelling units.

37. DWELLING, MULTIPLE.

A building or portion thereof containing three or more dwelling units, including apartment houses, apartment hotels and flats, but not including tourist courts.

38. DWELLING GROUP.

A group of two or more detached or semidetached one-family, two-family, or multiple dwellings occupying a parcel of land in one ownership or management and having any yard or court in common, including house courts, bungalow courts, apartment courts and the like, but not including tourist courts.

39. DWELLING UNIT.

A room or suite of two or more rooms which is designed for, intended for, or is occupied by, one family doing its own cooking therein and having only one kitchen.

40. ELECTRONIC AMUSEMENT DEVICES.

Any electronic machine, device, contrivance or apparatus, the operation or use of which is permitted, controlled, allowed or made possible by the deposit or placing of any coin, plate, disk, slug, or key into any slot, receptible, crevice or other opening, or by the payment of any fee or fees, for its use as a game or contest of any description, or which may be used for any such game or contest, and the use or possession of which is not prohibited by any laws of the State of California.

(Prior Code § 6102.33.5; Ord 2796 – 09/07/1982)

41. FAMILY.

One or more persons occupying a premises and living as a single non-profit housekeeping unit as distinguished from persons occupying a hotel, club, fraternity, or sorority house. A family shall be deemed to include necessary servants.

42. FLOOR AREA OF DWELLING UNIT.

The area included within the walls enclosing each dwelling unit. The floor area shall be measured from the inside face of the walls enclosing each dwelling unit including all closet space and storage areas contained within the unit, but shall not include unenclosed porches or balconies.

(Prior Code § 6102.34.5; Ord 2875 – 01/24/1984)

43. FREEWAY.

A highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right of easement of access and which is declared to be such in compliance with the Streets and Highways Code of the State of California.

44. FRONT WALL.

The wall of the building or other structure nearest the street upon which the building faces but excluding certain architectural features as specified in Chapter 8.340 of Title 8.

45. GARAGE, PRIVATE.

An accessory building or portion of a main building designed for the storage of self-propelled passenger vehicles, provided that the storage space does not exceed that necessary for:

• (a) In any “R-1” District: four (4) passenger automobiles for each dwelling.

• (b) In any “R-2” District: three (3) passenger automobiles for each lot and, in addition, two (2) passenger automobiles for each dwelling unit on such lot.

(Prior Code § 6102.37(b); Ord 1456 – 05/23/1961)

46. GARAGE, PUBLIC.

Any building or premises, except those herein defined as a private or storage garage, used for the storage and care, or either thereof, of self-propelled vehicles or where such vehicles are equipped for operation or repair or kept for remuneration, hire, or sale.

47. GARBAGE.

All animal and vegetable refuse or residue from kitchens, canneries, bakeries, restaurants, lunch stands, meat, fish, fruit or vegetable markets, and other food handling places, and all household waste or residue that shall result from the preparation or care for, or treatment of, foodstuffs intended to be used as food, or shall have resulted from the preparation or handling of food for human consumption or any decayed and unsound meat, fish, fruit and vegetables.

48. GARBAGE, COMMERCIAL.

Any garbage other than garbage produced upon the premises upon which hogs are kept.

49. GRADE.

• (a) For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.

• (b) For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets.

• (c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings.

• (d) All walls approximately parallel to and not more than five (5) feet from the street line shall be considered as adjoining the street.

• (e) Where no sidewalks exist, the elevation of the curb shall be substituted for sidewalk elevation in (a) and (b) above; where no curbs or sidewalks exist, the elevation of the crown of the road shall be substituted for sidewalk elevation in (a) and (b) above.

50. GUEST HOUSE.

Detached living quarters of a permanent type of construction and without kitchens or sleeping facilities.

51. GUEST ROOM.

A room which is intended, arranged, or designed to be occupied or which is occupied by one or more guests, but not including dormitories for sleeping purposes.

52. HEIGHT OF BUILDING.

The vertical distance from the “Grade” to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

53. HOG RANCH, COMMERCIAL.

Any premises where more than forty (40) head of swine are maintained, raised, fed or fattened, or where two or more head of swine are maintained, raised, fed and fattened upon commercial garbage.

54. HOME OCCUPATION.

Customary, incidental home occupations conducted within a dwelling, provided that no retail business of any sort is involved; no stock in trade is kept, or commodity sold, except for the sale of commodities made on the premises; no person not a resident of the premises is employed; and an area not larger than one-fourth (1/4) of the floor area of the ground floor of the dwelling is devoted to such home occupation; provided, however, that such home occupation shall not require internal or external alterations, or involve construction features, or use of equipment not customary in dwellings; that the entrance to the space devoted to such occupation be from within the building and that no display pertaining to such occupation be visible from the street; and

Provided, further, that only one sign or name plate, not exceeding two (2) square feet in area and containing the name and occupation only, shall be permitted in connection with each such home occupation, which sign or name plate shall be attached flat to the dwelling and shall not be illuminated.

55. HOUSE, BOARDING OR ROOMING.

A building containing a single dwelling unit and not more than five (5) guest rooms where lodging is provided with or without meals for compensation.

56. HOUSE COURT.

A group of two (2) or more dwellings on the same premises, whether detached or in connected rows, having a separate outside entrance on the ground floor level for each family unit of such group.

57. HOUSEHOLD, LOW INCOME.

A household with an income, adjusted for household size, which does not exceed 80% of the median household income as defined by the United States Department of Housing and Urban Development for all households in the San Francisco-Oakland Standard Metropolitan Statistical Area (SMSA).

(Prior Code § 6102.48.4; Ord 2867 – 12/20/1983)

58. HOUSEHOLD, MODERATE INCOME.

A household with an income, adjusted for household size, which does not exceed 120% of the median household income as defined by the United States Department of Housing and Urban Development for all households in the San Francisco-Oakland Standard Metropolitan Statistical Area (SMSA).

(Prior Code § 6102.48.5 Ord 2867 – 12/20/1983)

59. HOUSING, AFFORDABLE.

Housing with a contract rent or price which is affordable by low and moderate income households.

(Prior Code § 6102.48.6; Ord 2867 – 12/20/1983)

60. HOUSING FOR THE DISABLED.

Housing which accommodates persons who are disabled.

(Prior Code § 6102.48.7; Ord 2867 – 12/20/1983)

61. HOUSING FOR THE ELDERLY.

Housing which exclusively accommodates persons 62 years of age or older.

(Prior Code § 6102.48.8; Ord 2867 – 12/20/1983)

62. HOUSING, RENTAL.

Any unit in any real property, including the land appurtenance thereto, rented or available for rent for residential use or occupancy.

(Prior Code § 6102.48.9; Ord 2867 – 12/20/1983)

63. HOTEL.

Any building or portion thereof containing six (6) or more guest rooms used, designed, or intended to be used, let or hired out to be occupied.

64. HYDROMODIFICATION.

Hydromodification is broadly defined as altering the hydrologic characteristics of water bodies to cause degradation of water resources. However, for the purpose of administering LCP policy, hydromodification shall mean any condition which, as a consequence of new impervious surface development and the construction of storm drainage systems, rainwater can no longer infiltrate into the soil and flows off-site in greater volume and erosive velocity than occurred under pre-project conditions to cause natural creeks or earthen channels to erode excessively, enlarge or otherwise change their configuration. The effects of this additional erosion, i.e., hydromodification, can include degradation of stream habitat, loss of water quality and property damage.

(Prior Code § 6102.49.05; Ord 4570 – 05/24/2011)

65. INSTITUTIONAL USE.

Any school, hospital or public works facility.

(Prior Code § 6102.49.1; Ord 2703 – 12/16/1980)

66. JUNK YARD.

Premises on which more than two hundred (200) square feet of the area thereof is used for the storage of junk, including scrap metal or other scrap material.

67. KEEPING OF PETS.

The raising or maintaining of domestic animals, including birds, that are customarily kept as pets for amusement or companionship, excluding exotic animals, horses and livestock, and subject to the following limitations: (a) no more than four (4) dogs, or four (4) cats, or any combination of dogs and cats not exceeding a total of four (4) are kept per one-family dwelling unit; and (b) no more than twelve (12) of any other domestic animal, including birds, is kept per one-family dwelling unit. The number of fish, reptiles, birds and other small animals caged indoors shall not be restricted unless they create noise or odor discernable outside the dwelling, or are kept in such a manner as to constitute a nuisance.

The number of domestic poultry is subject to Chapter 8.380 of the San Mateo County Development Code.

(Prior Code § 6102.50.1; Ord 3446 – 12/15/1992)

(Prior Code § 6102.50.1; Ord 4509 – 07/27/2010)

68. KENNELS.

A place for the breeding, raising, keeping, boarding or other handling of more than ten (10) dogs, or more than ten (10) dogs and cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with the keeping of animals at kennels include, but are not limited to, grooming, training, and sales of animals and supplies.

(Prior Code § 6102.50.2; Ord 3446 – 12/15/1992)

69. KITCHEN.

Any room used, or intended, or designed to be used for cooking and preparing food.

70. LARGE COLLECTION FACILITIES FOR RECYCLABLE MATERIALS.

A large collection facility may occupy an area of more than 500 square feet, and accepts recyclable materials in large quantities for storage and shipment. These facilities may include permanent structures.

(Prior Code § 6102.51.1; Ord 3131 – 12/15/1987)

71. LIMITED KEEPING OF PETS.

The raising or maintaining of domestic birds or animals, excluding exotic animals, horses and livestock, and subject to the following limitations: (a) no more than four (4) dogs, or four (4) cats, or any combination of dogs and cats not exceeding a total of four (4); and (b) no more than four (4) animals total of any type shall be kept per two-family dwelling unit, multiple-family dwelling unit, or lawfully permitted and occupied second unit or farm labor housing unit, or per business establishment in commercial or industrial zoning districts. The number of fish, reptiles, birds or other small animals caged indoors shall not be restricted unless they create noise or odor discernable outside the dwelling, or are kept in such a manner as to constitute a nuisance.

The number of domestic poultry is subject to Chapter 8.380 off the San Mateo County Development Code.

(Prior Code § 6102.51.2; Ord 3446 – 12/15/1992)

(Prior Code § 6102.51.2; Ord 4509 – 07/27/2010)

72. LIVESTOCK.

Domestic animals, excluding dogs and cats, that are customarily kept for productive home use or for profit, including, but not limited to, cows, sheep, pigs, or goats.

(Prior Code § 6102.51.3; Ord 3446 – 12/15/1992)

73. LOADING SPACE.

An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.

74. LOT.

A parcel of land occupied or to be occupied by a use, building, or unit group of buildings and accessory buildings and uses together with such yards, open spaces, lot width, and lot area as are required by this Part and fronting upon a street or a private easement determined by the Commission to be adequate for purposes of access.

75. LOT OF RECORD.

Land held in separate ownership as shown on the records of the County Recorder (at the time of the passage of the ordinance establishing the zoning district in which the lot is located).

76. LOT, CORNER.

A lot not greater than one hundred (100) feet in width and located at the junction of two (2) or more intersecting streets.

77. LOT, CORNER, REVERSED.

A corner lot which rears upon the side of another lot whether across an alley or not.

78. LOT DEPTH.

The average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

79. LOT LINES.

The lines bounding a lot as defined herein.

80. LOT LINE, FRONT.

In the case of an interior lot, a line separating the lot from the street and, in the case of a corner lot, a line separating the narrowest lot frontage of the lot from the street.

81. LOT LINE, REAR.

Ordinarily, that line of a lot which is generally opposite and most distant from the front line of said lot. In the case of a triangular or gore shaped lot, a line ten (10) feet in length within the lot parallel to and at the maximum distance from the front line of the lot. In cases in which these definitions are not applicable, the Zoning Administrator shall designate the rear lot line.

82. LOT LINE, SIDE.

Any lot boundary not a front or rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line; a side lot line separating a lot from a street is a street side lot line.

83. LOT WIDTH.

The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

84. MEETING HALL.

Any building or structure, or any portion of a building or structure, or any premises or place where people are permitted to congregate or meet for social, service, fraternal, recreational, professional or trade purposes, regardless of whether or not such premises are used for any other additional purposes.

(Prior Code § 6102.62.5; Ord 2792 – 06/08/1982)

85. MOTEL-MOTOR COURT.

Same as Tourist Court.

86. NON-CHARTERED FINANCIAL INSTITUTION.

A Non-Chartered Financial Institution is defined as a use, other than a State or Federally chartered bank, credit union, mortgage lender, savings and loan association or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. The term “non-chartered financial institution” shall include, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer a short-term loan secured by the title to a motor vehicle. Non-profit financial institutions are not encompassed by the term non-chartered financial institution.

(Prior Code § 6102.63.1; Ord 4621 – 06/26/2012)

87. NON-CONFORMING.

A building or structure or portion thereof or use of building or land which does not conform to the zoning regulations and which lawfully existed at the time the regulations with which it does not conform became effective.

88. NUISANCE.

Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay streams, canal, or basin, or any public park, square, street, or highway.

(Prior Code § 6102.64.3; Ord 2792 – 06/08/1982)

89. OPERATOR OF BAR, CARD ROOM, CLUB, MEETING HALL.

Any person who shall as owner, lessee, employee, agent, or otherwise, operate, keep, maintain, permit or allow to be operated or maintained any bar, card room, club or meeting hall in or upon any building or structure or any portion of a building or structure, or any premises or place.

(Prior Code § 6102.64.5; Ord 2792 – 06/08/1982)

90. ORDINARY HIGH WATER LEVEL.

A line on a creek or river bank that reflects the normal high water mark experienced over time. The Ordinary High Water Level is usually about 3-4 feet above the normal base water flow. The ordinary high water mark must be identified by a licensed surveyor (or engineer, geologist, or landscape architect), consistent with the Army Corps of Engineers standards, and approved by the Director of Planning and Building or their designee. This definition does not apply within the Coastal Zone, until and unless adopted as part of a Local Coastal Program Amendment.

(Prior Code § 6102.64.6; Ord 4632 – 09/11/2012)

91. OUTDOOR ADVERTISING.

Any card, cloth, paper, metal, wooden, plastic, or painted sign of any character placed for outdoor advertising purposes on or to the ground or any tree, wall, bush, rock, fence, building, structure, advertising, or thing, either privately or publicly owned; provided, however, that “outdoor advertising” does not include:

• (a) Official notices issued by any court or public body or officer;

• (b) Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;

• (c) Directional, warning or information signs or structure required by or authorized by law or by Federal, State or County authority;

• (d) The tree, wall, bush, rock, fence, building, structure, or thing upon which the sign is placed, other than an advertising structure as defined herein.

92. PARKING SPACE.

Automobile - Space within a building or a private or public parking area, exclusive of driveways, ramps, columns, office and work areas, for the parking of one (1) automobile.

93. PARCEL OF LAND.

A contiguous quantity of land in the possession of, or owned by, or recorded as the property of the same claimant or person.

94. PET SALES AND/OR GROOMING ESTABLISHMENTS.

Establishments for the retail sale of pet animals, pet food and supplies, with all storage of such items within a fully enclosed, covered building. Pet sales and/or grooming establishments may offer pet bathing, grooming and obedience training conducted within a fully enclosed, covered building. Other than the animals held as inventory until sold, there shall be no boarding of animals overnight for compensation.

(Prior Code § 6102.67.1; Ord 3446 – 12/15/1992)

95. PERSON.

Any individual, firm, co-partnership, joint adventure, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this, and any other county, county and city, municipality, district, or other political subdivision or any other group or combination acting as a unit.

96. PROCESSING FACILITIES FOR RECYCLABLE MATERIALS.

A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for shipment by means such as baling, briquetting, crushing, grinding, sorting, shredding or remanufacturing.

(Prior Code § 6102.68.1; Ord 3131 – 12/15/1987)

97. POULTRY.

Domestic fowl customarily kept for productive home use or for profit including, but not limited to, chickens, roosters, turkeys, ducks, or geese.

(Prior Code § 6102.68.2; Ord 3446 – 12/15/1992)

(Prior Code § 6102.68.2; Ord. 3131 – 12/15/1987)

98. PUBLIC FACILITIES.

Public facilities include facilities and grounds owned or operated by park and recreation districts, schools, fire departments, churches, municipal institutions, and community organizations including clubs, lodges and similar uses.

99. QUARRY.

Premises from which rock, sand, gravel, stone, earth other than topsoil, or mineral is removed or excavated for the purpose of disposition away from the immediate premises whether such disposition is immediate or in the future. Provided, however, that not to exceed 100 cubic yards of material may be removed from any one building site, after a permit has been secured from the County Building Inspector for the construction of a permanent structure on the same site, without said operation being construed to be a quarry and coming within the provisions of this Part.

100. RECYCLABLE MATERIAL.

Recyclable material is reusable material including but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

(Prior Code § 6102.69.1; Ord 3131 – 12/15/1987)

101. RESIDENTIAL DAY CARE FACILITIES FOR CHILDREN (FAMILY DAY CARE HOMES).

Licensed facilities in a building containing a dwelling unit(s) in which non-medical care, protection, and supervision of children are regularly provided in the provider’s own residence for a period of less than 24 hours a day while parents or guardians are away. Includes small family day care homes (1-6 children) and large family day care homes (7-12 children).

(Prior Code § 6102.69.2; Ord 3131 – 12/15/1987)

(Prior Code § 6102.69.2; Ord 3684 – 11/14/1995)

(Prior Code § 6102.69.2; Ord 3684 – 11/14/1995)

102. REVERSE VENDING MACHINES FOR RECYCLABLE CONTAINERS.

Reverse vending machines are automated mechanical devices which accept one or more types of empty beverage containers and issue a cash refund or redeemable coupons.

103. SIGN.

Any card, cloth, paper, metal, painted, plastic, or wooden sign of any character placed for outdoor advertising purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure. “Sign” does not include:

• (a) Official notices issued by any court or public body or officer;

• (b) Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice;

• (c) Directional, warning or information signs or structures required by or authorized by law or by Federal, State or County authority.

104. SIGN, AREA.

Area of sign shall be computed by multiplying the maximum height of sign by the maximum length. Exceptions to this provision may be granted by the Planning Commission when unusual hardship would result from its strict application.

105. SKYLINE AREA.

The Skyline Area is that portion of the unincorporated area of San Mateo County lying west of the easterly boundary of the Skyline Scenic Corridor and east of the Coastal Zone boundary as established by the Coastal Act of 1976, south of State Highway 92 and north of the Santa Cruz and Santa Clara County lines, and also the portion of the unincorporated area of the County lying east of Skyline Boulevard and south of the southerly limits of the Town of Portola Valley but excluding lands in the vicinity of the Vista Verde and Los Trancos Woods subdivisions which were zoned for residential use on June 1, 1983. A map of the Skyline Area is on file in the Planning Department and with the Clerk of the Board of Supervisors.

(Prior Code § 6102.71.1; Ord 2831 – 06/14/1983)

106. SMALL COLLECTION FACILITIES FOR RECYCLABLE MATERIALS.

A small collection facility occupies an area of not more than 500 square feet, is intended for the collection of recyclable materials, and may include kiosks, igloos, bins, trailers or bulk reverse vending machines. These facilities are generally temporary.

(Prior Code § 6102.71.2; Ord 3131 – 12/15/1987)

107. SMALL LIVESTOCK FARMING.

The raising and/or keeping of more than twelve (12) chicken hens or twelve (12) pigeons or pheasants or twelve (12) similar fowl and/or twelve (12) rabbits, chinchillas, hamsters, guinea pigs, or twelve (12) similar animals or any roosters, quacking ducks, geese, guinea fowls, peafowl, goats, sheep or similar livestock; or the raising and/ or keeping for commercial purposes any cats; provided that the term “small livestock farming” as used in this Part shall not include commercial kennels, hog farming, dairying or the raising and/or keeping of horses, mules, or similar livestock as determined by the Planning Commission.

108. STORY.

A space in a building between the surface of any floor including a basement floor and the surface of the floor or roof next above but not including any attic or under floor space.

109. STREET.

A public or private right of way dedicated or conveyed as such or condemned or otherwise acquired for use as such, other than an alley, which affords the principal means of access to abutting property.

110. STAND.

Means a structure for the display and sale of products with no space for customers within the structure itself.

111. STRUCTURE.

Anything constructed or erected which requires location on the ground or attached to something having a location on the ground but not including a tent or vehicle.

112. STRUCTURAL ALTERATIONS.

Any change which would prolong the life of the supporting members of a building or structure such as bearing walls, columns, beams, or girders.

113. TOP OF SIDE SLOPE.

The first major transitional change in the slope of the incline from the ordinary high water level of a water body to the surrounding terrain. In a case where there is a step-like feature at the top of side slope, the landward edge of the topmost riser shall be taken to be the top of side slope. The top of side slope must be delineated by a licensed surveyor (or engineer, architect, or landscape architect) and approved by the Director of Planning and Building or their designee. In cases where the top of side slope is difficult to determine or does not exist, then a distance of 5 feet from the ordinary high water level shall be considered the top of slope. This definition does not apply within the Coastal Zone, until and unless adopted as part of a Local Coastal Program Amendment.

(Prior Code § 6102.78; Ord 4632 – 09/11/2012)

(Prior Code § 6102.78.1; Ord 4632 – 09/11/2012)

114. TOP SOIL.

The immediate surface area of land, consisting either of topsoil or subsoil.

115. TOP SOIL SITE.

Premises from which any topsoil is removed or excavated for the purpose of disposition away from the immediate premises whether such disposition is immediate or in the future.

Provided, however, that not to exceed 25 cubic yards of topsoil may be removed from any one building site after a permit has been secured from the County building inspector for the construction of a permanent structure of the same site without said operation being construed to be topsoil site and coming within the provisions of this Part.

116. TOURIST COURT. (Motel-Motor Court).

A group of attached buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage attached or parking space conveniently located on the lot and which is designed, used, or intended wholly or in part for the accommodation of automobile transients. Tourist Courts include auto courts, motels, and motor lodges.

117. TRAILER.

A vehicle without motive power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property including a trailer coach or house trailer.

118. USE.

The purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

119. USE, ACCESSORY.

A use incidental and accessory to the principal use of a lot or a building located upon the same lot as the accessory use. Accessory uses include, but are not limited to, the keeping of pets or limited keeping of pets, as applicable.

(Prior Code § 6102.83; Ord 3446 – 12/15/1992)

120. VETERINARY HOSPITALS FOR SMALL ANIMALS.

Establishments where cats, dogs and other domestic animals generally of the same size or smaller are treated by a person(s) trained and licensed to provide medical care for animals. Veterinary hospitals may hold animals overnight on a limited basis if necessary for their proper medical or surgical treatment.

(Prior Code § 6102.83.1; Ord 3446 – 12/15/1992)

121. VETERINARY HOSPITALS FOR LARGE ANIMALS.

Establishments where all types of animals, including horses and livestock, are treated by a person(s) trained and licensed to provide medical care for animals. Veterinary hospitals may hold animals overnight on a limited basis if necessary for their proper medical or surgical treatment.

(Prior Code § 6102.83.2; Ord 3446 – 12/15/1992)

122. WORKING DAY(S).

Every day that the Planning and Building Division is open for business.

(Prior Code § 6102.83.3; Ord 4158 – 02/25/2003)

123. YARD.

Any space on a lot other than a court which is open and unobstructed from the ground to the sky except for incidental projections permitted by this Part.

124. YARD, FRONT.

A yard extending across the full width of the lot, the depth of which is measured horizontally from the front lot line to the nearest wall of any main building or structure upon the lot.

125. YARD, REAR.

A yard extending across the full width of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line.

126. YARD, SIDE.

A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard.

• (a) This Zoning Ordinance establishes various districts within the unincorporated territory of said County within some, all or none of which it shall be lawful, and within some, all or none of which it shall be unlawful to erect, construct, alter, or maintain certain buildings or structures or to carry on certain trades or occupations, or to conduct certain uses of land or buildings; within which the height and bulk of buildings shall be limited; within which certain open spaces shall be required about buildings and consisting further, of additional appropriate regulations to be enforced in such district, as set forth herein.

• (b) In their interpretation and application, provisions of this Part shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this Part imposes a greater restriction upon the use of buildings, structures, or premises, or upon the heights of buildings or requires larger yards, courts or other open spaces than are imposed or required by such private restrictions, the provisions of this Part shall control.

• (a) The Director of Planning is the Zoning Administrator. They may appoint in writing an assistant to act as the Zoning Hearing Officer, who may exercise all of the powers of the Zoning Administrator. The Zoning Administrator may refer any matter directly to the Planning Commission when, in their opinion, such action will be in the public interest.

• (b) DUTIES: The Zoning Administrator shall be empowered to hear and decide the following matters and such other matters as the Board of Supervisors upon advice of the Planning Commission may, from time to time, authorize by resolution.

  1. All variances from the strict interpretation of the Zoning Ordinance.

  2. Exceptions to off-street parking requirements.

  3. All permit renewals except for quarries. Timber harvesting renewals shall be processed as provided for by the Timber Harvesting Ordinance.

  4. All use permits where development criteria and processing procedures have been adopted by the Board of Supervisors or the Planning Commission, by ordinance or policy statement, such as permits for grading, auto wrecking, kennels, stables, turkey raising, commercial feed lots, on-premise signs and removal of abandoned, wrecked, dismantled or inoperative vehicles.

  5. Annual review of use permits conditions.

  6. In the R-1, R-2, R-3, RE, RH, RM and combining districts, an exception to the site development regulations for construction of residential home improvements and minor additions.

     • Projects where Environmental Impact Reports are required by the Environmental Quality Control Act of 1970 shall not be heard by the Zoning Administrator but shall be referred to the Planning Commission.

• (c) APPLICATIONS: Applications shall be made on standard forms supplied by the Zoning Administrator. They may prescribe the form and scope of all applications and establish filing deadlines subject to any provisions of State statutes or County ordinances or policies.

• (d) FILING FEES: Applications for action by the Zoning Administrator shall be accompanied by the fees set forth in the San Mateo County Ordinance Code as may cover the activities for which application is made.

• (e) FILING OF APPLICATIONS, NOTICES, AND SETTING FOR PUBLIC HEARING: Upon the filing of an application, the Zoning Administrator shall set the matter for public hearing and such hearing shall be within thirty days of the filing of such application. Public notice of said such hearing shall be given in the same manner as for hearings held by the Planning Commission. Hearings shall be held at regular, announced intervals designated by the Zoning Administrator. Hearings shall be held at the County seat unless for good cause shown they should be held elsewhere in the County.

aring shall be within thirty days of the filing of such application. Public notice of said such hearing shall be given in the same manner as for hearings held by the Planning Commission. Hearings shall be held at regular, announced intervals designated by the Zoning Administrator. Hearings shall be held at the County seat unless for good cause shown they should be held elsewhere in the County.

• (f) HEARINGS: At the time and place set for public hearing, the Zoning Administrator shall hear evidence for and against each application, shall make findings as required by law and shall take such action as in their opinion is indicated by such evidence. Applicants shall bear the same burdens of proof as provided for by State statute or County ordinance and policies. The quantum of proof shall be as required by State Statute or County ordinance or policies. Each hearing shall be open to the public. The Zoning Administrator may continue from time to time any hearing held by them.

• (g) FINDINGS: The Zoning Administrator shall make all necessary findings for granting or denying any application as are required by law.

• (h) DECISIONS: A decision may be rendered at the hearing or be taken under advisement. In any event unless continued for further hearing, a decision shall be rendered by the Zoning Administrator within ten days after conclusion of the public hearing. Written notice of the decision shall be mailed to the applicant by first-class mail at the address set forth in the application and to any other person who has filed a written request therefor with the Zoning Administrator.

• (i) RULES OF PROCEDURE: The Zoning Administrator shall operate under the same rules of procedure, insofar as they are applicable, as those adopted by the Planning Commission.

• (j) APPEALS: All decisions of the Zoning Administrator or the Zoning Hearing Officer acting in their stead shall be subject to appeal by the applicant or any interested party to the Planning Commission within 10 working days of the decision. Appeals shall be by written notice on a form provided by the Zoning Administrator. The fee for such appeal shall be the same as for filing an appeal from a decision of the Planning Commission, as set forth in Chapter 8.448 of the Development Code. Appeals from decision of the Planning Commission may be had to the Board of Supervisors in accordance with the provisions of the San Mateo County Ordinance Code.

• (k) INTERPRETATION: In furtherance of this ordinance, the term “Planning Commission” when it appears in the San Mateo County Ordinance Code shall be interpreted to mean “Zoning Administrator” or “Zoning Hearing Officer” where such meaning is appropriate in the context of this ordinance. In no event shall the right to appeal be abrogated by such interpretation.

(Prior Code § 6104; Ord 2185 – 02/06/1973)

(Prior Code § 6104(b)(4); Ord 3064 – 05/06/1986)

(Prior Code § 6104(b)(6); Ord 3690 – 11/21/1995)

(Prior Code § 6104(j); Ord 4158 – 02/25/2003)