1.

For the purpose of this title, certain terms and words are defined as follows in this chapter.

2.

Words used in the present tense shall include the future tenses; words in the singular number include the plural and words in the plural number include the singular except where the natural construction of the writing indicates otherwise; words of masculine gender shall also include the feminine and vice versa, as applicable. The word "shall" is mandatory and not directory, and the word may is discretionary.

(Ord. 315 § 1 (part), 1981)

"Accessory building or structure" means a building containing no kitchen, with the exception of an accessory dwelling unit as defined in Chapter 14.72, and located upon the same building site as the building or use to which it is accessory the use of which is customarily incidental, appropriate and subordinate to the use of the main building, or to the main use of the land.

(Ord. 315 § 1 (part), 1981)

(Ord. 758, § 4, 1-23-2023)

"Accessory use" means a use customarily incidental, appropriate and subordinate to the main use of land or buildings located upon the same premises.

(Ord. 315 § 1 (part), 1981)

"Accommodation" means any reasonable, necessary and/or feasible modification from the city's land use, zoning and building laws, rules, policies, practices and/or procedures to provide a disabled person an equal opportunity to access publicly funded buildings, facilities and programs, or privately funded housing, including single and multiple-family dwelling units, and public accommodations as those citizens who are not disabled.

(Ord. 624 § 2 (part), 2007)

"Adult-use (recreational) cannabis" or "nonmedical cannabis" means cannabis or cannabis products that are intended to be used for nonmedical purposes pursuant to Health and Safety Code Section 11362.1 et seq.

(Ord. No. 726, § 6, 3-25-2019)

"Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the local government of the nature of his concerns or who for good cause was unable to do either. For the purposes of this title, this term shall apply to the coastal appeals overlay district or for development which is otherwise appealable to the California Coastal Commission (Chapter 14.78) only.

(Ord. 315 § 1 (part), 1981)

"Agriculture" means the tilling of the soil, the raising of crops, horticulture, aviculture, apiculture, livestock farming, the raising of animals and poultry, dairying, animal husbandry, wineries processing grapes produced on the premises, and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form when such products are produced on the premises including all uses customarily incidental thereto, but not including a slaughterhouse, fertilizer works, commercial packing or processing plant or plant for the reduction of animal matter or any other use that creates materially adverse odor, smoke, dust, fumes, vibration or which is dangerous to life or property.

(Ord. 315 § 1 (part), 1981)

"Alley" means a passage or way affording only a secondary means of vehicular access to abutting property and which is not intended for general traffic circulation or to provide primary access.

(Ord. 315 § 1 (part), 1981)

"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft, including helicopters, including all necessary facilities for the housing and maintenance of such aircraft.

(Ord. 315 § 1 (part), 1981)

An "amusement arcade" is defined as any business or establishment which has located on its premises six or more amusement machines which are kept thereon for the purpose of being played, operated or used by the patrons of the arcade for money or money's worth deposited in or paid for the amusement machine played, operated or used. An amusement arcade shall not include any premises licensed by the Department of Alcoholic Beverage Control of the state of California which excludes minors.

(Ord. 330 § 1 (part), 1982)

1.

An "amusement enterprise" is any use where a charge is imposed for a recreational activity, unless otherwise defined in this chapter, and includes but is not limited to:

a.

Amusement arcades;

b.

Auto racing, including go-carts;

c.

Billiard parlor;

d.

Bowling alley;

e.

Gymnasium;

f.

Miniature golf course;

g.

Racquet ball;

h.

Skating rink;

i.

Swimming pool;

j.

Water slides.

2.

Excluded from this definition are governmental buildings and facilities, including but not limited thereby, parks, recreational areas, libraries, museums, golf courses, schools, educational facilities, and appurtenances; golf courses, clubhouse grounds and facilities, horse boarding and riding stables, and any use permitted as a matter of course in any zone.

(Ord. 330 § 1 (part), 1982)

An "amusement machine" is any device, game or contrivance, including, but not limited to, pinball machines, video games, computer games, electronic games, shuffleboards, slot machines, for which charge or payment is received for the privilege of playing, using or operating the same and which, as the result of such use, operating or playing does not entitle the person using, operating or playing such device, game or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game or contrivance is used, operated or played.

(Ord. 330 § 1 (part), 1982)

"Apartment" means a separate room or suite of rooms of a part of a building with kitchen or cooking facilities occupied or suitable for occupation as a residence by one full family for eating, living and sleeping purposes.

(Ord. 315 § 1 (part), 1981)

"Aquaculture" means the culture of plants and animals in an aquatic medium.

(Ord. 315 § 1 (part), 1981)

"Auto dismantling yard" means the same as "junkyard," Section 14.08.340.

(Ord. 315 § 1 (part), 1981)

"Automobile service station" means a retail place of business engaged in supplying goods and services generally required in the normal operation and maintenance of automotive vehicles and to the fulfilling of motorists' needs. These include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major motor repairs painting and body and fender work and mechanical car wash are excluded.

(Ord. 315 § 1 (part), 1981)

"Basement" means a story partly or wholly underground. A basement shall be counted as a story if more than one-half of its height is above the average natural grade of the adjoining ground.

(Ord. 315 § 1 (part), 1981)

"Block" means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection or intercepting streets, and a railroad right-of-way, watercourse or body of water.

(Ord. 315 § 1 (part), 1981)

"Boardinghouse" means any building or portion thereof, containing not more than five guest rooms which are used by not more than five guests where rent is paid in money, goods, labor, or otherwise.

(Ord. 315 § 1 (part), 1981)

"Building" means a structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal or chattel.

(Ord. 315 § 1 (part), 1981)

"Building coverage" means the amount of land covered or permitted to be covered by buildings, usually measured as a percent of a lot.

(Ord. 315 § 1 (part), 1981)

"Building height" means the vertical distance from the average finish grade of the lot covered by the building to the highest points of the coping of a flat roof or to the height of the highest gable of a pitch or hip roof.

(Ord. 315 § 1 (part), 1981)

"Business sign or structure" means any sign or structure designed, intended or used for advertising the particular business, product or service located or sold on the same premises as that on which the sign or structure is located.

(Ord. 315 § 1 (part), 1981)

"Cannabis" means all parts of the cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.

(Ord. No. 726, § 6, 3-25-2019)

"Centerline of street" means the centerline of a street or highway as established by the county surveyor of the county or the city engineer or by the Division of Highways of the state. Where no right-of-way lines have been so established, the centerline of the traveled way shall be construed as the centerline. The centerline of the service road of a freeway or limited access highway shall be defined as the centerline of the traveled way of such service road.

(Ord. 315 § 1 (part), 1981)

"Child day care use" means daytime, but not overnight, care of six or fewer children, excluding resident children, if:

1.

The child day care use is accessory to a residential use of the home; and

2.

The home is licensed or certified for such use by the state or other government agency having jurisdiction.

(Ord. 315 § 1 (part), 1981)

"City council" means the city of Carpinteria city council.

(Ord. 315 § 1 (part), 1981)

"Club" means an organization, group or association supported by the members thereof, having as a primary purpose the promotion of some common object such as literature, science, politics or good fellowship, but not including organizations, groups or associations the chief activity of which is to render a service customarily carried on for commercial purposes as a business or formed for the purpose of providing housing for its members.

(Ord. 315 § 1 (part), 1981)

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

(Ord. 315 § 1 (part), 1981)

"Coastal program" means the same as "local coastal program," Section 14.08.365.

(Ord. 315 § 1 (part), 1981)

"Coastal-related development" means any use that is dependent on a coastal-dependent development or use.

(Ord. 315 § 1 (part), 1981)

"Coastal zone" means that land and water area of the city.

(Ord. 315 § 1 (part), 1981)

"Commercial cannabis activity" means activities that include the possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, dispensing, or retail sale of cannabis and cannabis products as provided for in MAUCRSA.

(Ord. No. 726, § 6, 3-25-2019)

"Commercial cannabis distribution" means a person or entity holding a valid commercial cannabis operator's license issued by the city, and a valid state license for distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer.

(Ord. No. 726, § 6, 3-25-2019)

"Commercial cannabis manufacturing" is defined as a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis operator's license for manufacturing from the city and a valid state license as required for manufacturing of cannabis products.

(Ord. No. 726, § 6, 3-25-2019)

"Commercial cannabis non-storefront retail (delivery)" is defined as a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers, where the premises are closed to the public and sales are conducted exclusively by delivery, where a vehicle is used to convey the cannabis or cannabis products to the customer from a fixed location, and where the operator holds a valid commercial cannabis operator's license from the city authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.

(Ord. No. 726, § 6, 3-25-2019)

"Commercial cannabis testing laboratory" means a testing laboratory, facility or entity in the state that offers or performs tests of cannabis or cannabis products, and that is all of the following:

1.

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

2.

Licensed by the state of California.

3.

Licensed by the city of Carpinteria.

(Ord. No. 726, § 6, 3-25-2019)

"Condominium" means an estate in real property consisting of a separately owned interest in a portion of a parcel of real property or building, including residences, apartments, offices or stores. A condominium may include, in addition, a separate legally protected interest in other portions of real property.

(Ord. 315 § 1 (part), 1981)

(Ord. No. 726, § 6, 3-25-2019)

Editor's note— Ord. No. 726, § 6, adopted March 25, 2019, renumbered § 14.08.135 as § 14.08.136.

"Convenience store" means a small store, often affiliated with a large nationwide chain, and offering a select but limited line of grocery and sundry items. Such stores are usually located in or close to residential neighborhoods and cater to fast in-and-out shopping while maintaining longer and less regular hours of operation.

(Ord. 315 § 1 (part), 1981)

"Cooperative" is the same as "stock cooperative" and "limited-equity housing cooperative," Sections 14.08.575 and 14.08.360, respectively.

(Ord. 315 § 1 (part), 1981)

"Court" means an open, unoccupied space other than a yard on the same lot with a building or buildings, and which is bounded on two or more sides by such building or buildings.

(Ord. 315 § 1 (part), 1981)

"Dairy" means a place where three or more cows or goats are maintained for the purpose of producing milk or other dairy products for sale.

(Ord. 3155 § 1 (part), 1981)

"Density" means the maximum number of dwelling units permitted per specified area of land.

(Ord. 315 § 1 (part), 1981)

"Detached building" means a building, no part of which is attached to any other building.

(Ord. 315 § 1 (part), 1981)

"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 California 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 Code Section 4511). (Reference Section 30106 of the Coastal Act.)

(Ord. 315 § 1 (part), 1981)

"Disabled person" means any person who has a medical, physical, or mental condition, disorder or disability, as defined in California Government Code Section 12926, that substantially limits one or more major life activities.

(Ord. 624 § 2 (part), 2007)

"Drive-in and drive-thru business" means an operation or business in which any goods, wares, merchandise, or services are sold and/or delivered to persons then occupying a motor vehicle.

(Ord. 315 § 1 (part), 1981)

"Driveway" means a private right-of-way which affords vehicular access from a public or private street, as defined in Section 14.08.585, to abutting or adjacent property which is not, and under existing subdivision and zoning regulations cannot be divided into more than four separate lots or parcels.

(Ord. 315 § 1 (part), 1981)

"Duplex" means the same as "two-family dwelling," Section 14.08.205.

(Ord. 315 § 1 (part), 1981)

"Dwelling" means:

1.

A building or portion thereof designed for or occupied in whole or in part, as a home, residency, or sleeping place, either permanently or temporarily, and containing not more than one kitchen per dwelling unit, but not including a hotel or boarding house, lodging house or motel.

2.

A building or portion thereof may be determined by the community development director to be a dwelling when it is configured or occupied for residential purposes, whether permanent or temporary, and contains elements evidencing separate residential occupancy. Elements to be considered in such determination may include, but are not limited to, the proximal arrangement of rooms and any one or more of the following:

a.

Sink or bar sink;

b.

Garbage disposal;

c.

Dishwater;

d.

Toilet;

e.

Bathing facility;

f.

Interior locking doors;

g.

Exterior entrance;

h.

Exterior staircase;

i.

Separate yard, patio, deck, or balcony;

j.

Separate television cable line or utility line or utility meters;

k.

Separate garage or parking area (covered or uncovered) or carport;

l.

Countertops or cupboards;

m.

Sleeping lofts;

n.

Separate address/mail box designation;

o.

Hotplates/microwaves;

p.

Separate garbage service; or

q.

Refrigerator.

3.

Issuance of a building permit or other approvals does not, of itself, establish that a building or portion thereof is a permitted dwelling unit.

4.

Notwithstanding this section, a building or portion thereof configured or occupied for residential purposes, whether permanent or temporary, containing more than one kitchen and/or other characteristics described in subsection 2 of this section may be deemed a permitted dwelling unit provided:

a.

A conditional use permit has been issued pursuant to Chapter 14.72; or

b.

The facility has current, valid state licenses to operate a residential care facility for the elderly, community care facility, or hospice; or

c.

There is a staffed congregate kitchen and dining facility onsite authorized by the permit, which provide regular meals to all residents.

(Ord. 538 § 1, 1997: Ord. 315 § 1 (part), 1981)

"Multiple dwelling" means a single detached dwelling designed for and occupied exclusively by three or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including mobile home parks, hotels or resort type hotels.

(Ord. 315 § 1 (part), 1981)

"One-family dwelling" means a single detached dwelling designed for and occupied exclusively by one family alone, and having but one kitchen.

(Ord. 315 § 1 (part), 1981)

"Two-family dwelling" means a single detached dwelling designed for and occupied exclusively by two families alone, and having but two kitchens.

(Ord. 315 § 1 (part), 1981)

"Efficiency dwelling unit" means a single dwelling unit which does not contain a bedroom and which is located within a building containing more than one dwelling unit, often referred to as a studio apartment.

(Ord. 315 § 1 (part), 1981)

"Electric substation" means any receiving and transforming electrical station designed to distribute electricity to local customers in the city and its environs.

(Ord. 315 § 1 (part), 1981)

"Emergency" means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

(Ord. 315 § 1 (part), 1981)

"Employee housing" has the same meaning as that term is defined in Section 17008 of the Health and Safety Code.

(Ord. No. 668, § 2, 6-27-2016)

"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.

(Ord. 315 § 1 (part), 1981)

"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 be easily disturbed or degraded by human activities and developments.

(Ord. 315 § 1 (part), 1981)

"Family" means one or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related but are distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group uses.

(Ord. 315 § 1 (part), 1981)

(Ord. No. 668, § 2, 6-27-2016)

Editor's note— Ord. No. 668, § 2, adopted June 27, 2016, repealed § 14.08.240, which pertained to family care home—large and derived from Ord. No. 315, 1981.

Editor's note— Ord. No. 668, § 2, adopted June 27, 2016, repealed § 14.08.245, which pertained to family care home—small and derived from Ord. No. 315, 1981.

"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.

(Ord. 315 § 1 (part), 1981)

"Fill" means earth or any other substance or material, including pilings placed on, in or under the ground for the purposes of erecting structures thereon.

(Ord. 315 § 1 (part), 1981)

"Floodway" means the channel of a stream, plus any adjacent floodplain area, that must be kept free of encroachment in order that the one-hundred-year flood be carried without substantial increase in flood height. As minimum standards, the Federal Insurance Administration limits such increases in flood heights to one foot; provided, that hazardous velocities are not produced.

(Ord. 315 § 1 (part), 1981)

"Floodway fringe" means the area between the floodway and the boundary of the one-hundred-year flood. The floodway fringe thus encompasses the portion of the floodplain that could be completely obstructed without increasing the water-surface elevation of the one-hundred-year flood more than one foot at any point.

(Ord. 315 § 1 (part), 1981)

"Gross floor area" means the total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.

(Ord. 315 § 1 (part), 1981)

"Net floor area" means the area included in surrounding walls of a building, or portion thereof, exclusive of vents, shafts, stairs, halls, attics, basements, garages, etc.

(Ord. 315 § 1 (part), 1981)

"Formula business" means any commercial business operating as a retail sales, restaurant/food service, and/or hotel or motel establishment, and which: (a) has more than seven locations anywhere in the United States of America, and (b) has two or more of the following features common to all or substantially all of its locations: standardized array of services or products for sale, façade, architecture, decor or color scheme, uniform or other employee apparel, signage, or trademark/servicemark. Notwithstanding any other provision of this chapter, the following types of businesses are not formula businesses: office space, professional services, banks or credit unions, grocery stores, nonprofit businesses, pharmacies, automobile service stations, or theaters/performing arts spaces.

(Ord. No. 760, § 2(Exh. B), 7-10-2023)

"Front line" means the shortest boundary line of a lot which is coincident with a street line; the boundary lines of a through lot which are coincident with street lines shall be "front lines." When the boundary lines of a corner lot, which are coincident with street lines, are of equal or of substantially equal lengths the front line shall be the line located on the principal street. For corner lots fronting on two principal streets, there shall be two front lines.

(Ord. 315 § 1 (part), 1981)

"Private garage" means a fully enclosed building or portion thereof used or designed to be used for the storage of motor vehicles of the occupants of the building.

(Ord. 516 § 2, 1995: Ord. 315 § 1 (part), 1981)

"Public garage" means a building or portion thereof, except a private garage used or designed to be used for the storage and care of motor vehicles or where any such vehicles are repaired or kept for remuneration, hire or sale.

(Ord. 315 § 1 (part), 1981)

"Highway" is included in "street," Section 14.08.585.

(Ord. 315 § 1(part), 1981)

"Hillsides" means lands with slopes exceeding twenty percent.

(Ord. 315 § 1 (part), 1981)

"Hog ranch" means any property used for the raising or keeping of more than six hogs.

(Ord. 315 § 1 (part), 1981)

"Home occupation" means an occupation conducted within not more than one room of the dwelling portion of a building, requiring no structural alterations to be made, conducted solely by the occupants of the dwelling unit, with no displays, no sale of commodities upon the premises, no advertising signs used on the premises, which does not require nor permit more than five customers, patients, clients, students or other persons served by said occupation to be on the premises at one time, and which is strictly secondary and subordinate to the primary residential use and does not change nor detrimentally affect the residential character of the dwelling, or the premises, or the neighborhood.

(Ord. 315 § 1 (part), 1981)

"Home stay" means a type of short-term rental where the owner remains in the residential unit during the entire rental period. A home stay does not include the hosting of personal guests, home exchanges or vacation rentals. Tents, yurts and RVs are not allowed as a part of a home stay rental.

(Ord. No. 708, § 3, 4-24-2017)

"Hospital" means an institution for the medical care and treatment of human beings.

(Ord. 315 § 1 (part), 1981)

"Hostel" means overnight sleeping accommodations which provide supervised and inexpensive lodging for travelers, primarily devoted to those who use nonmotorized or public transportation. Characteristically a hostel has separate dormitories for men and women and, if kitchen or eating facilities are provided, they are communal in nature. Occupancy is of a limited duration.

(Ord. 315 § 1 (part), 1981)

"Hotel" means a building or group of buildings under one ownership containing six or more sleeping rooms occupied, intended or designed to be occupied as the temporary abiding place of persons who, for compensation, are lodged with or without meals, but not including a motel, trailer court or camp, sanitarium, hospital, asylum, orphanage or building where persons are housed under restraint.

(Ord. 315 § 1 (part), 1981)

"Housekeeping unit" means a person or group of persons making common use of a kitchen and other living quarters.

(Ord. 315 § 1 (part), 1981)

"Improvement" means any object affixed to or growing in the ground other than a building or structure.

(Ord. 315 § 1 (part), 1981)

"Junkyard" means an area of more than two hundred square feet used for the storage of junk, including scrap metals or other scrap material, or for the dismantling or wrecking of automobiles or other machinery or vehicles.

(Ord. 315 § 1 (part), 1981)

"Kennel" means any premises or area where four or more dogs four months of age or older are kept and cared for. See also Section 6.04.020.

(Ord. 315 § 1 (part), 1981)

"Kitchen" means a room, all or any part of which is designed, built, equipped, used, or intended to be used for the storage, preparation, or cooking of foods. The storage of food in a pantry, freezer, or refrigerator located in any area of the dwelling including the garage shall not, by itself, classify such area of the dwelling as a kitchen.

(Ord. 537 § 1, 1997: Ord. 315 § 1 (part), 1981)

"Land use plan" means maps and text adopted by the city which indicate the kinds, location, and intensity of land uses and include resource protection and development policies.

(Ord. 315 § 1 (part), 1981)

"Limited-equity housing cooperative" means a corporation which meets the criteria of a stock cooperative as defined in this chapter and which also meets the criteria of Section 33007.5 of the Health and Safety Code.

(Ord. 315 § 1 (part), 1981)

"Local coastal program" means the city's land use plans, zoning ordinances, zoning district maps, and other implementing actions, which when taken together, meet the requirements of, and implement the provisions and policies of the Coastal Act.

(Ord. 315 § 1 (part), 1981)

"Lodginghouse" or "roominghouse" means the same as "boardinghouse," Section 14.08.070.

(Ord. 315 § 1 (part), 1981)

"Lot" means a single parcel of land in one ownership, for which a legal description has been filed on record or the boundaries of which are shown on a subdivision or record of survey map filed in the office of the county recorder.

(Ord. 315 § 1 (part), 1981)

"Gross lot area" means the area included within the boundaries of the lot or parcel as described in the deed to the lot or parcel or as shown on the recorded subdivision map, inclusive of any portion so described or mapped lying within a public or private street.

(Ord. 315 § 1 (part), 1981)

"Net lot area" means the gross lot area minus any area lying within a public street, such public street being defined as a permanently reserved right-of-way which has been dedicated to the city or county.

(Ord. 315 § 1 (part), 1981)

"Corner lot" means a lot situated at the intersection of two or more streets or bounded on two or more adjacent sides by street lines.

(Ord. 315 § 1 (part), 1981)

"Lot depth" means the average distance between the front or street line and the rear lot lines, or between the front lot line and intersection of the two side lot lines if there should be no rear lot line.

(Ord. 315 § 1 (part), 1981)

"Flag lot" means a lot where access to the property, e.g., a driveway, provides the only street frontage or a lot with no street frontage where access is provided by means of a private easement.

(Ord. 315 § 1 (part), 1981)

"Interior lot" means a lot other than a corner lot.

(Ord. 315 § 1 (part), 1981)

"Key lot" means a lot the side line of which abuts the rear line of one or more adjoining lots.

(Ord. 315 § 1 (part), 1981)

"Lot line" means the lines bounding a lot as defined in Section 14.08.375.

(Ord. 315 § 1 (part), 1981)

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. 315 § 1 (part), 1981)

"Lot width" means the average distance between the side lot lines, measured at right angles to the lot depth.

(Ord. 315 § 1 (part), 1981)

"Net lot width" means the lot width minus any area lying within a public street, such public street being defined as a permanently reserved right-of-way which has been dedicated to the city or county.

(Ord. 315 § 1 (part), 1981)

"Manufactured housing" means and includes both mobile homes and modular homes as defined in this title.

(Ord. 315 § 1 (part), 1981)

Editor's note— Ord. No. 726, § 6, adopted March 25, 2019, repealed § 14.08.437, which pertained to marijuana and derived from Ord. 623 § 3 (part), adopted 2007.

"Master television antenna" means any antenna or antennae designed to receive television and/or radio signals and transmit them to more than one television or radio receiving set by means of cables or lines which will cross over or under any public or private streets in the city.

(Ord. 315 § 1 (part), 1981)

"Medicinal cannabis or medicinal cannabis products" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215) or the Medical Marijuana Program Act of 2003, found at Sections 11362.5 and 11362.71 et seq. of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a valid and current identification card issued by a California licensed physician's recommendation.

(Ord. No. 726, § 6, 3-25-2019; Ord. No. 707, § 2, 1-25-2016)

Editor's note— Ord. No. 726, § 6, adopted March 25, 2019, repealed § 14.08.442, which pertained to medical marijuana cultivation and derived from Ord. No. 707, § 2, 1-25-2016.

Editor's note— Ord. No. 726, § 6, adopted March 25, 2019, repealed § 14.08.443, which pertained to medical marijuana delivery and derived from Ord. No. 707, § 2, 1-25-2016.

Editor's note— Ord. No. 726, § 6, adopted March 25, 2019, repealed § 14.08.444, which pertained to medical marijuana dispensary and derived from Ord. 623 § 3 (part), 2007.

(Ord. No. 707, § 2, 1-25-2016)

"Mobile home" means a vehicle, other than a motor vehicle, that is certified under the National Mobile Home Construction and Safety Standards Act of 1974 and is on a nonpermanent foundation system pursuant to Section 18551 of the Health and Safety Code, and which is in excess of eight feet in width and forty feet in length.

(Ord. 315 § 1 (part), 1981)

"Mobile home park" means an area or tract of land where two or more mobile home lots are rented, leased, or offered for rent or lease to accommodate mobile homes used as a dwelling.

(Ord. 315 § 1 (part), 1981)

"Modular home" means a dwelling unit constructed in whole or in part of prefabricated material or components, to be assembled on site and affixed to a permanent foundation, subject to the requirements of the Uniform Building Code.

(Ord. 315 § 1 (part), 1981)

"Natural disaster" means any situation in which the force or forces which cause the destruction of a building or structure are beyond the control of the owner of the building or structure.

(Ord. 315 § 1 (part), 1981)

"Nonconforming use" means any lawful use of land, building or structure, existing at the time of adoption of this title which does not conform with the regulations of the district in which it is situated.

(Ord. 315 § 1 (part), 1981)

Where used in this title, the word "oil" includes gas and other hydrocarbon substances.

(Ord. 315 § 1 (part), 1981)

"Oil and gas handling facilities" means facilities for the general purpose of separating water and gas (to include the fractionation of propane and butane) removal of impurities and measuring.

(Ord. 315 § 1 (part), 1981)

"One ownership" means ownership of property or possession thereof under a contract to purchase or under a lease the term of which is ten years or more in any manner whereby such property is under a single or unified control, including ownership of property by a person or persons, firm, partnership, association, corporation, company, syndicate, estate, trust, or organization of any kind.

(Ord. 315 § 1 (part), 1981)

1.

"Public open space" includes but is not limited to public parks and parking lots, beaches, access corridors such as bike paths, hiking or equestrian trails, usable natural areas, and vista points which are accessible to members of the general public. Public open space shall not include areas which are unusable for recreational purposes; examples of the same are private or public streets, private parking lots, hazardous areas such as steep slopes and bluff faces.

2.

"Common open space" includes but is not limited to recreational areas and facilities for the use of the prospective residents of the project, such as tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use, or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources. Common open space shall not include driveways, parking lots, private patios, and yards, or other developed areas.

3.

"Private open space" includes but is not limited to patios, decks, and yards for the private use of the residents of individual units.

(Ord. 315 1 (part), 1981)

"Parcel" means the same as "lot," Section 14.08.375.

(Ord. 315 § 1 (part), 1981)

"Park" means land that is retained in a natural setting, landscaped, or developed to provide opportunities for various forms of outdoor recreation. See coastal access and recreation implementation program for further definitions.

(Ord. 315 § 1 (part), 1981)

"Parking lot sale" means a temporary sale that is conducted by a retail store, shop, establishment in the area usually used for on-premises customer parking or pedestrian access (not within a public right-of-way) of that retail store, shop, or establishment and at which sale the same type of merchandise sold within that store, shop, or establishment is sold at retail.

(Ord. 315 § 1 (part), 1981)

"Parking space" means a space designed and reserved for the parking of a motor vehicle, including all necessary maneuvering space, as provided elsewhere in this title.

(Ord. 315 § 1 (part), 1981)

"Person with an identification card" shall have the meaning set forth in California Health and Safety Code Section 11362.7, as that section now appears or may hereafter be amended or renumbered.

(Ord. 623 § 3 (part), 2007)

"Personal services—Restricted" includes services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts and include, but are not limited to: check cashing stores; fortune tellers; palm and card readers; pawnshops; psychics; spas and hot tubs for hourly rental; and, tattoo and body piercing services.

(Ord. No. 643, § 2, 1-25-2010)

"Personal use cannabis cultivation" means the cultivation, harvesting, drying, or processing of cannabis plants with the intent to possess, smoke, or ingest cannabis or cannabis products for one's own individual use, or by a primary caregiver for their qualified patient(s) in accordance with state law.

(Ord. No. 726, § 6, 3-25-2019)

"Planning commission" means the city of Carpinteria planning commission.

(Ord. 315 § 1 (part), 1981)

"Poultry ranch" means an agricultural operation in which twenty-five or more fowl are raised.

(Ord. 315 § 1 (part), 1981)

"Premises" means the area of land in one ownership surrounding a house or building and including any house or building thereon.

(Ord. 315 § 1 (part), 1981)

"Primary caregiver" shall have the meaning set forth in California Health and Safety Code Section 11362.7, as that section now appears or may hereafter be amended or renumbered.

(Ord. 623 § 3 (part), 2007)

"Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated. In any residential or agricultural district, any dwelling shall be deemed to be the principal structure on the lot on which it is situated.

(Ord. 315 § 1 (part), 1981)

"Public works" means:

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.

(Ord. 315 § 1 (part), 1981)

"Qualified patient" shall have the meaning set forth in California Health and Safety Code Section 11362.7, as that section now appears or may hereafter be amended or renumbered.

(Ord. 623 § 3 (part), 2007)

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

(Ord. 315 § 1 (part), 1981)

"Recreational vehicle park" means any area or tract of land, where one or more lots are rented or leased or offered for rent or lease to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.

(Ord. 315 § 1 (part), 1981)

(Ord. No. 668, § 2, 6-27-2016)

Editor's note— Ord. No. 668, § 2, adopted June 27, 2016, renumbered § 14.08.540 as § 14.08.537.

"Large residential care facility" means a state-licensed residential facility providing non-medical care to seven or more persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.

(Ord. No. 668, § 2, 6-27-2016)

"Residential unit" means a building or portion thereof designed for or occupied in whole or in part, as a home, residency, or sleeping place, either permanently or temporarily, and containing not more than one kitchen per residential unit, but not including a hotel or boarding house, lodging house or motel. For the purposes of this code residential unit includes the term dwelling unit and housing unit. See also Section 14.08.190 "Dwelling".

(Ord. No. 708, § 3, 4-24-2017)

Editor's note— Ord. No. 708, § 3, adopted April 24, 2017, repealed the former § 14.08.541 and enacted a new § 14.08.541 as set out herein. The former § 14.08.541 pertained to residential care facility—small and derived from Ord. No. Ord. No. 668, § 2, adopted June 27, 2016.

"Rest home" or congregate care facility means an establishment that provides housing and general care for the aged or the convalescent.

(Ord. 436 § 1, 1988)

"Retail store" means any place where goods or commodities are sold directly to consumers by retail or wholesale, whether such goods or commodities are taxable or non-taxable. Retail store shall include restaurants, theaters, arcades, service stations and places selling large goods or commodities that are typically displayed outdoors, including but not limited to nurseries, pottery/sculpture, outdoor furniture and vehicle sales.

(Ord. 632 § 2 (part), 2008: Ord. 631 § 4 (part), 2008)

"Sanitarium" means a health retreat, boardinghouse or other place for the treatment of disease or care of invalids.

(Ord. 315 § 1 (part), 1981)

"Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to the rise and fall of the tides.

(Ord. 315 § 1 (part), 1981)

"Secondhand store" means a retail store that requires a secondhand dealer license from the State, as provided in the California Business and Professions Code §§ 21625—21647 as that section now appears or may hereafter be amended or renumbered, and where twenty percent or more of the gross floor area of the store is used for display of secondhand goods.

(Ord. No. 643, § 2, 1-25-2010)

"Semidetached building" means a building having a common wall with another building which wall has no openings connecting the two buildings.

(Ord. 315 § 1 (part), 1981)

"Setback" means the required distance that a building or structure must be located from any property line or street centerline.

(Ord. 315 § 1 (part), 1981)

"Short-term rental" is defined as the rental of a residential unit for a period of thirty consecutive calendar days or less, subject to all applicable city land use regulations, permit/licensing requirements, and payment of fees and/or taxes, including transient occupancy tax as defined in Chapter 3.20 of this code. Short-term rentals include both vacation rentals and home stays. Tents, yurts and RVs are not allowed as a part of a short-term rental.

(Ord. No. 708, § 3, 4-24-2017)

Editor's note— Ord. No. 708, § 3, adopted April 24, 2017, repealed the former § 14.08.562 and enacted a new § 14.08.562 as set out herein. The former § 14.08.562 pertained to single room occupancy (SRO) and derived from Ord. No. Ord. No. 668, § 2, adopted June 27, 2016.

"Significant tobacco retailer" means any tobacco retailer for which the principal or core business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by: Twenty percent or more of floor area or display area is devoted to tobacco products, tobacco paraphernalia, or both; sixty-seven percent or more of gross sales receipts are derived from tobacco products, tobacco paraphernalia, or both or fifty percent or more of completed sales transactions include tobacco products or tobacco paraphernalia.

(Ord. No. 662, § 4, 5-13-2013)

Editor's note— Ord. No. 662, § 4, adopted May 13, 2013, set out provisions intended for use as § 14.08.560. For purposes of classification, and at the editor's discretion, these provisions have been included as § 14.08.563.

"Special care home" means a residential home providing twenty-four-hour nonmedical care and supervision that has a license for a capacity of seven or more clients from the state Department of Health or a licensing agency authorized by said Department as a "large family home-children," "large family home adults, group home-children," "group home-adults," or "foster home."

(Ord. 315 § 1 (part), 1981)

"Private stable" means an accessory building in which horses are kept for private use and not for remuneration, hire or sale.

(Ord. 315 § 1 (part), 1981)

"Stock cooperative" means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the persons having such right of occupancy. The term "stock cooperative" does not include a limited-equity housing cooperative, as defined in this chapter.

(Ord. 315 § 1 (part), 1981)

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

(Ord. 315 § 1 (part), 1981)

"Street" means a permanently reserved, public or private right-of-way which affords the public a principal means of vehicular access to abutting or adjacent property, not including alleys or driveways as defined in this chapter. The service or frontage road of a freeway or limited access highway shall be considered as a street separate from such freeway or highway.

(Ord. 315 § 1 (part), 1981)

"Street line" means the boundary between a street and abutting property.

(Ord. 315 § 1 (part), 1981)

"Structural alteration" means any change in the supporting members of a building or structure, such as bearing walls, column beams or girders.

(Ord. 315 § 1 (part), 1981)

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. As used in this title, "structure" includes, but is not limited to, any building, road (excluding a driveway), pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

(Ord. 315 § 1 (part), 1981)

"Subdivision" is as defined in Section 16.04.110.

(Ord. 315 § 1 (part), 1981)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status and maximizing his or her ability to live, and when possible, work in the community. Supportive housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

(Ord. No. 668, § 2, 6-27-2016)

"Swap meet" means an open-air market operating during daylight hours on weekends and holidays for the sale or exchange of merchandise at retail by a number of sellers.

(Ord. 315 § 1 (part), 1981)

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 [commencing with Section 4500] of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people.

(Ord. No. 668, § 2, 6-27-2016)

1.

"Time-share project" is one in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided.

2.

"Time-share estate" is a right of occupancy in a time-share project which is coupled with an estate in the real property.

3.

"Time-share use" is a license or contractual or membership right of occupancy in a time-share project which is not coupled with an estate in the real property.

(Ord. 315 § 1 (part), 1981)

"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for smoking, preparation, storing or consumption of tobacco products.

(Ord. No. 662, § 4, 5-13-2013)

"Tobacco product" means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

(Ord. No. 662, § 4, 5-13-2013)

"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

(Ord. No. 662, § 4, 5-13-2013)

"Tobacco retailer license" or "license" shall mean a business license that permits the retail sale of tobacco products and/or tobacco paraphernalia.

(Ord. No. 662, § 4, 5-13-2013)

"Trailer" means a vehicle with motor power or a vehicle without motor power designed to be drawn by a motor vehicle, and to be used, or in fact used however temporarily for human habitation, office, shops, or storage, including coach and house trailer, mobile home and camper.

(Ord. 315 § 1 (part), 1981)

"Transitional housing" means buildings configured as rental housing developments that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use subject only to the same regulations and procedures that apply to other residential uses of the same type in the same zone.

(Ord. No. 668, § 2, 6-27-2016)