A.

Access means the place or way by which pedestrians and vehicles have safe, adequate, and suitable ingress and egress to a property or use.

B.

Accessory Building means an attached portion of the primary dwelling unit or main building that is devoted exclusively to an accessory use, or a detached subordinate building located on the same lot or premises, which is devoted exclusively to either the primary use of the lot or to an accessory use. An Accessory Building may be constructed as either accessory habitable or non-habitable space and used subordinate to the primary use of the lot. Where an Accessory Building is habitable construction and has a kitchen it has the same meaning as "Accessory Dwelling Unit" or "Junior Accessory Dwelling Unit".

C.

Accessory Dwelling Unit, consistent with the California Government Code, means an additional smaller attached or detached dwelling unit that is located on the same property as a Primary Dwelling Unit and that is designed with separate living, sleeping, eating, cooking, and sanitation amenities and that is used or intended to be used as complete independent living facilities for use by one or more persons. Also known as "ADU."

D.

Accessory Use means a use of land or building, or portion thereof, that is customarily incidental to, related to and clearly subordinate to the primary use of the land or building located upon the same lot or premises.

E.

Acre means the same as "Acre, Net" unless otherwise specified.

F.

Acre, Gross means 43,560 square feet of land area, including public and private streets and road easements lying within said area.

G.

Acre, Net means 43,560 square feet of land area, not including public streets or road easements.

H.

Addition means the result of any work that increases the volume of an existing structure. Compare "Alteration" and "Structural Alteration."

I.

Adjacent Grade means shall mean the same as Adjoining Grade.

J.

Adjoining Grade means the ground contiguous to a given point. Compare "Average Adjoining Grade."

K.

Agriculture means the use of land for agricultural purposes including farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for handling, treating or storing the produces; provided, however, that the operation of any such accessory use shall be secondary to that of normal agricultural activity.

L.

Alley means a public or private way, not more than twenty feet wide, generally reserved as a secondary means of access to abutting property.

M.

Alteration means any work on a structure that does not result in any addition to the structure. Compare "Addition" and "Structural Alteration."

N.

Amendment means a change in the wording or substance of this Chapter, or a change in the zone boundaries (rezoning) upon this map which is a part of this Chapter, when adopted by ordinance passed by the City Council in the manner prescribed by law.

O.

Animal, Domestic means any household pet commonly maintained in residence with man, or any domesticated animal.

P.

Apartment [and] Apartment Unit means a room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. The same as "Dwelling unit."

Q.

Apartment Hotel means a building or portion thereof designed for or containing both individual guest rooms, or suites of rooms, and dwelling units.

R.

Architectural Projection means anything attached to and extending outside the outer face of the exterior wall of a structure and not intended for shelter or occupancy.

S.

Attic means an unfinished area between the roof and the ceiling beneath.

T.

Auditorium means the part of a church, school, college, university, public building, or room designated for public assembly, lectures, entertainment, dances or similar use.

U.

Auto court means the same as "Motel."

V.

Automobile. See "Motor Vehicle."

W.

Automobile Repair Business means the activity of doing repair work on motor vehicles, or the replacing of or the adding of parts thereto for compensation. Tire changing, brake adjustments, tire repairing, lamp globe changing, fan belt changing, the changing or charging of batteries, changing or installing of ornamental accessories, lubricating motor vehicles, and such activities as are incidental to the business of selling motor fuel or ornamental accessories shall not be considered as engaging in the automobile repair business.

X.

Automobile Service Station means a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, including dispensing of automotive fuel and motor oil, lubrication service, vehicle washing, motor tune-up, brake relining, wheel alignment with portable equipment, and the sale of and servicing of tires, batteries, replacement items, and other automobile accessories. Specifically excluded are such uses as the display of cars for sale, body and fender work, painting, motor and transmission overhaul and replacement, turning of brake drums, and recapping of tires.

Y.

Automobile Wrecking means the dismantling or wrecking of used motor vehicles or trailers, or storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

Z.

Average Adjoining Grade means a single numerical figure which represents the average grade elevation of the perimeter of a structure. This figure shall be based on the sum of the elevations taken at points where the exterior wall intersects the natural two-foot contour lines plotted on a topographical map for the property. At each intersection point, the lower of the natural or proposed finished grade shall be used in establishing the average grade elevation (AE) between such intersection points. Average Adjoining Grade is calculated as follows:

AAG. =  Sum (AE X WL) 
   Sum WL

Where: AE is as defined above and WL (wall length) is the distance measure along the wall between points of intersection.

AA.

Aviary means any lot, building, structure, enclosure or premise whereupon or wherein are kept more than 25 ornamental or song birds, in any combination, whether such keeping is for pleasure, profit, breeding or exhibiting, but not including poultry or birds kept for production and sale of meat or eggs, or both.

AB.

Awning means a temporary shelter supported by an exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supporting building. Compare "Canopy, Marquee."

(Ord. No. 541; Ord. No. 601; Ord. No. 724; Ord. No. 795; Ord. No. 932, § 1, 10-2-2017)

A.

Balcony means a platform enclosed by a railing or parapet projecting from the wall of building for the private use of tenants or for exterior access to an above-grade floor level.

B.

Bar means a drinking establishment which includes the on-site sale and consumption of beverages and/or food.

C.

Basement means a level of a building fully or partially below the lower of the finished or natural grade adjacent to the floor area.

D.

Billboard or Outdoor Advertising Structure means the same as "Sign."

E.

Boardinghouse or Lodginghouse means a building where lodging and meals are provided for compensation, but not including rest homes.

F.

Buildable Area means the portion of a lot or parcel which, under the provisions of this Chapter, may be occupied by buildings or structures.

G.

Building, Accessory. See "Accessory Building."

H.

Building Addition. See "Addition."

I.

Building Coverage. See "Lot Coverage."

J.

Building Height. See "Height, Building or Structure."

K.

Building, Main means the principal building on a lot or building sites designed or used to accommodate the primary use to which the premises are devoted. Where a permissible use involves more than one structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one lot, as defined by this Chapter, shall be construed as constituting a main building.

L.

Building, Site shall mean:

1.

The ground area of one lot, as defined in this Chapter; or

2.

The ground area of two or more lots when used in combination for a building or permitted group of buildings, together with all open spaces as required by this Chapter; or

3.

A parcel of real property other than a "lot," as defined in this Section, which was held as a separate ownership of record on April 4, 1960, which has vehicular access to a street, and which has not merged.

M.

Bulk Floor Area. For purposes of determining compliance with the bulk floor area limitations contained in this Chapter, "bulk floor area" is the total horizontal area, expressed in square feet, of all floors below a roof having any portion of the floor's perimeter within the walls of a building, calculated from the outside face of those walls and where there is no wall, then from the floor area under the roof. (Bulk Floor Area Chapter 30.72.)

N.

Business means the purchase, sale, lease, rent or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises, or the maintenance or use of office, structures, and premises by professions and trades rendering services.

(Ord. No. 541; Ord. No. 724)

A.

Canopy means a fixed shelter without enclosing walls used only as a roof and attached to the exterior wall or walls of a building and used only for purposes accessory to the building to which it is attached. A canopy may have column support in addition to the support provided by the building to which it is attached. Compare "Awning" and "Marquee."

B.

Carport means a roofed structure with not more than two enclosed sides to be used for an automobile shelter and storage. See "Garage, Private."

C.

Cellar shall mean the same as "Basement."

D.

Reserved.

E.

Centerline of Streets and Alleys means the centerline established by the City Engineer for any proposed or dedicated public way which, in whole or in part, is included in any street or alley.

F.

Certificate of Occupancy means a permission to occupy the premises, either by the issuance of a separate certificate by the building department or by an authorized City staff signature on the building permit indicating satisfactory completion of the work performed.

G.

Charter means the Charter of the City of Del Mar.

H.

Child Day Care Center or Child Care Nursery means any building or other premises or portion thereof appropriated to the day care, apart from their parents or guardian, of children. Similar terms are day nursery, nursery school, and child day care nursery. Rooms accessory to a church and used for religious education on not more than two days a week are not considered child day care centers.

I.

City means the City of Del Mar.

J.

City Engineer means the City Engineer of the City of Del Mar, or his duly authorized representative.

K.

Clearance of Vegetation means the removal of vegetation through grading or the disturbance of soil.

L.

Clinic means any facility used for the care, diagnosis, and treatment of sick, active, infirm or injured persons, but not providing board or facilities for overnight accommodations. "Clinic" includes dental clinic, health clinic, medical clinic, and doctors' offices, and may include laboratory facilities in conjunction with normal clinic services.

M.

Club means any building or premises used by an association of persons organized for some common purpose, whether incorporated or unincorporated, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

N.

Code means the Municipal Code of the City of Del Mar.

O.

Commercial Mobile Radio Service Facilities—Minor means wireless communication facilities designed to provide mobile and portable radio communication services such as two-way mobile voice communication, paging, voicemail, dispatching, conference calling, facsimile, video telecommunications, electronic mail, and data transmissions. The term "Commercial Mobile Radio Service Facilities—Minor" shall include Cellular Communications, Personal Communication Services (PCS), and Enhanced Specialized Mobile Radio (ESMR) facilities in which all antennas and antenna support structures are mounted on an existing building and the accessory support equipment is installed as an appurtenance to such building. The term "Commercial Mobile Radio Service Facilities—Minor" shall not include any freestanding monopoles or lattice towers.

P.

Commission means the Planning Commission of the City of Del Mar.

Q.

Community Care Facility, Small means any facility, place or building, serving six or fewer persons, that is maintained and operated to provide non-medical residential care, day treatment, adult day care or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent person, and abused or neglected children consistent with State law (CA Health and Safety Code §§ 1500 et seq.). For purposes of this Title of the DMMC, a boardinghouse or lodginghouse shall not qualify as, or be deemed to be, a Community Care Facility, Small.

R.

Community Care Facility, Large means any facility, place or building, serving seven or more persons, that is maintained and operated to provide non-medical residential care, day treatment, adult day care or foster family agency services for children, adults, or children and adults, including but not limited to, the physically handicapped, mentally impaired, incompetent person, and abused or neglected children consistent with State law (CA Health and Safety Code §§ 1500 et seq.). For purposes of this Title of the DMMC, a boardinghouse or lodginghouse shall not qualify as, or be deemed to be, a Community Care Facility, Large.

S.

Community Plan. See "General Plan."

T.

Conditional Use Permit means a permit granted by the Planning Commission or City Council in accordance with the terms of this Chapter, for specific cases and for special uses to accommodate needs exceptional in character, and which may be granted contingent upon acceptance and observance of specified conditions to serve the common health, safety and welfare.

U.

Condominium means an estate in real property consisting of undivided interest in common in a portion of a parcel of real property together with a separate interest in a space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.

V.

Contiguous Properties means two or more lots or parcels of land sharing a common boundary line. For purposes of this Chapter, lots or parcels held under common ownership and separated by street of 20 feet or less in width shall be considered as being contiguous.

W.

Corner Lot. See "Lot, Corner."

X.

Council. The City Council of The City of Del Mar.

Y.

County. The County of San Diego.

Z.

Coverage. See "Lot Coverage."

AA.

Curb Level. The level of the established top of the curb in front of the building measured at the center of such front. Where no curb exists or no curb level has been established, the City Engineer shall establish such curb level or its equivalent.

(Ord. No. 541; Ord. No. 582; Ord. No. 635; Ord. No. 669; Ord. No. 758; Ord. No. 896)

A.

Day Care Facility, Large Family means a facility for the care of seven to 14 children consistent with the State law (CA Health and Safety Code §§ 1596 and 1597 et seq.).

B.

Day Care Facility, Small Family means a facility for the care of eight or fewer children consistent with State law (CA Health and Safety Code §§ 1596 and 1597 et seq.).

C.

Density means the number of dwelling units per acre or per square feet of lot area.

D.

Department means the Planning and Community Development Department of the City of Del Mar.

E.

Depth of Lot. See "Lot, Depth."

F.

Director, Planning Director, or Director of Planning and Community Development means the Director of Planning and Community Development for the City of Del Mar.

G.

Drive-In and Drive-Thru Establishments means any establishment accommodating customers who remain in or are served in their automobiles, whether such service is on the premises or at the curb adjacent to the premises. This definition shall not include gasoline service stations.

H.

Driveway means vehicular access to off-street parking or loading space. Unless otherwise dedicated as such, a driveway shall not be considered as a public right-of-way.

I.

Duplex means a building or lot occupied by two dwelling units, attached or detached.

J.

Dwelling Unit means one or more rooms in a building or portion thereof designed with a kitchen and living, sleeping, and eating areas that are used by or intended to be used and occupied by one or more persons living together with common access to and common use of all areas within the unit.

K.

Dwelling Unit, Attached means a dwelling unit attached to another dwelling unit by use of a common wall.

L.

Dwelling Unit, Clustered means a dwelling unit that is sited in close proximity to another dwelling unit or dwelling units. In the RM and R-2 Zones, the dwelling units may be attached.

(Ord. No. 725; Ord. No. 795; Ord. No. 932, § 2, 10-2-2017)

A.

Efficiency Unit means the same as "Dwelling Unit, Studio."

B.

Enforcement Officer, Zoning Enforcement Officer means the City Manager of the City of Del Mar, enforcement duties of who may be delegated to the Director of Planning and Community Development.

C.

Existing Grade means the grade level that existed on a site prior to the start of any current or proposed site preparation, grading, or construction, as established to the satisfaction of the Planning Department.

(Ord. No. 541; Ord. No. 724)

A.

Facade means the principal face or front of a building.

B.

Family means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.

C.

Fence means a free standing structure resting on or partially buried in the ground and rising above ground level, and used for confinement, privacy, protection, screening or partition purposes. See "Landscaping, screening."

D.

Finished Grade means the grade level on a site that is created, or is proposed to be created, as part of a development proposal.

E.

Final Map means a map prepared in accordance with the land division regulations of the City of Del Mar and with any applicable provisions of the Subdivision Map Act, prepared for recordation with the County Recorder.

F.

Flea Market. See "Outdoor sales."

G.

Flood, Flood Hazard.

1.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

a.

The overflow of inland or tidal waters;

b.

The unusual and rapid accumulation or runoff of surface waters from any source; or

c.

Mudslides (i.e., mudflows) which are approximately caused or precipitated by accumulations of water on or under the ground; or

2.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in natural body of water, accompanied by a severe storm, or surge, or by some similarly unusual and unforeseeable event which results in flooding as defined herein.

H.

Flood, 100-Year Period means a flood having an average of occurrence of once in 100 years. The 100-year flood means the same as a flood having a one percent chance of being equaled or exceeded in any given year.

I.

Floodplain means the land area susceptible to being inundated by water from any source. See "Flood."

J.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

K.

Floodway means the Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year frequency flood without cumulatively increasing the water surface elevation more than a designated height.

L.

Floor means a continuous, supporting surface extending horizontally throughout a building. The floor shall be considered to include interior elevator shafts, interior stairwells, and other similar interior spaces. See "Floor Area."

M.

Frontage. See "Street Frontage."

N.

Front Property Line. See "Lot Line, Front."

(Ord. No. 724; Ord. No. 718; Ord. No. 893)

A.

Garage, Private means an accessory building or an accessory portion of the main building designed and/or used for shelter or storage of vehicles owned or operated by the occupants.

B.

Garage, Public means a structure other than a private garage used for the shelter or storage of vehicles.

C.

Garage, Repair. See "Automobile Repair Business."

D.

General Plan means a comprehensive declaration of purposes, policies, and programs for the orderly and planned development of the City, including diagrams, maps and text setting forth the objectives, principles, standards, and other features which have been adopted by the City. Unless otherwise specified, same as Del Mar Community Plan.

E.

Grade. See "Adjoining Grade," "Average Adjoining Grade," "Existing Grade," and "Natural Grade."

F.

Gross Floor Area.

1.

The horizontal area expressed in square feet of the area included within the surrounding exterior walls of a building or a portion of a building, exclusive of vent shafts and courts, calculated from the outside face of wall studs; and

2.

The horizontal area, expressed in square feet of a building that is not provided with surrounding exterior walls but is covered by a roof.

G.

Guest Room means any habitable room which does not contain cooking facilities and is designed or used for occupancy by one or more persons, other than a dwelling unit.

(Ord. No. 541; Ord. No. 932, § 3, 10-2-2017)

A.

Height, Building or Structure. Building or structure height shall be the greatest vertical dimension computed by using any or all of the following, at any point within or around the structure:

1.

The vertical distance from the lower of the natural or finished average adjoining grade to the highest part of the roof or structure.

2.

The vertical distance from the lower of the natural or finished exterior adjoining grade to the highest part of the roof immediately above or of any structure located on such roof.

3.

The vertical distance from any point of the roof or structure to the natural grade directly below.

B.

Historic Property, Designated Historic Landmark means any site so designated by the City Council pursuant to Chapter 30.58 of this Title.

C.

Home Occupation means an occupation or business conducted entirely within the main building by a member of a family residing therein, conducted as an incidental use to the primary residential use thereof, and in which there is no sign used; no display; no stock in trade or commodity stored, rented or sold upon the premises; no person employed other than the member of the resident family; no deliveries made or other pedestrian or vehicular traffic generated; no mechanical equipment used or kept on the premises except those customarily found in the home; no commercial vehicle used or kept on the premises in connection with such home occupation or business.

D.

Hotel means a building or group of buildings in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. "Hotel" shall include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, and similar buildings where human beings are housed and detained under legal or medical restraint.

(Ord. No. 562; Ord. No. 724)

A.

Including means including, but not limited to.

B.

Inundation means ponded water or water in motion of sufficient depth to damaged property due to the presence of water or deposits of silt.

A.

Junior Accessory Dwelling Unit means a small dwelling unit that is no more than 500 square feet in size and contained entirely within, and accessory to, an existing habitable Single Dwelling Unit pursuant to the regulations in Section 30.91.050 and California Government Code Section 65852.22. Also known as "JrADU."

B.

Junk or Salvage Yard means any premises used for the keeping or storage of junk, including but not limited to, iron and scrap metals, paper, rags, glass, wood, and similar materials; and shall include the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations on said property or elsewhere. Junk and salvage yard shall also include baling of cardboard, cardboard boxes, paper and paper cartons. See "Automobile Wrecking."

(Ord. No. 932, § 4, 10-2-2017)

A.

Kennel means any lot, building, structure, enclosure or premises whereupon or wherein are kept seven or more dogs, cats or similar small animals in any combination for more than ten days, whether such keeping is for pleasure, profit, breeding or exhibiting, including places where dogs or cats or similar small animals in any combination are boarded, kept for sale or kept for hire.

B.

Kitchen means any room or portion of a room used or intended or designed to be used for cooking or the preparation of meals.

A.

Land Area, Gross. See "Lot Area, Gross".

B.

Land Area, Net. See "Lot Area, Net".

C.

Landscaping means trees, grass, ground cover, shrubs, vines, rock gardens, planter boxes installed and maintained, but not including paving, decking or artificial plants.

D.

Level means a horizontal division of a building extending from a floor to the next floor above, or if there is no higher floor, to the ceiling directly above. If the finished floor of one portion of a building lies no more than four feet above or below that of an adjacent finished floor, it shall be considered as being the same level as that of the adjacent floor. A level may or may not be a story. See "Story."

E.

Lightwell means the enclosed area open from ground to sky directly abutting a glazed opening in a basement wall.

F.

Loading Facility means an area other than a street or alley, either open or enclosed, or partially enclosed within a structure or portion thereof, designed or used for the temporary parking of commercial vehicles while loading or unloading goods or materials.

G.

Lodginghouse. See "Boardinghouse."

H.

Loft. Shall mean the same as "Mezzanine."

I.

Lot, Legal Lot of Record. shall mean:

1.

A parcel of real property shown as a delineated parcel of land with a number, letter or other designation on a final map of subdivision recorded in the Office of the County Recorder, provided said parcel has not merged pursuant to Section 30.86.120 of this Chapter.

2.

A parcel of land, the dimensions or boundaries of which are defined by a record of survey map recorded in the Office of the County Recorder in accordance with the law regulating the subdivision of land, provided said parcel has not merged pursuant to this Code. See also "Building Site."

J.

Lot Area, Gross means the total area of a lot or parcel, including public rights-of-way, road easements and private streets. "Lot Area, Gross" shall mean the same as "Land Area, Gross."

K.

Lot Area, Net means the area of a lot or parcel, exclusive of any portion of such land devoted to or encumbered by a public right-of-way granted or condemned for the purposes of vehicular access. Lot Area, Net is also exclusive of any portion of such land devoted to or encumbered by a private road or easement which provides vehicular access to five or more dwelling units, except that Lot Area, Gross shall not be reduced by the amount of private road or easement which provides public benefit when compared to a configuration which provides individual access to the dwelling units. Public benefit shall include but is not limited to: 1) a reduction in the extent of paving for vehicular access; 2) a reduction in the number of curb-cuts on or along a public right-of-way with a commensurate increase in the amount of on-street parking available to the public; 3) a reduction in the number of vehicular intersections with a commensurate reduction in the potential for vehicular accidents, and/or 4) avoidance of degradation to the existing environment. Public benefit shall be demonstrated to the satisfaction of the Director of Planning and Community Development.

L.

Lot, Corner means a lot situated at the intersection of two or more streets, which streets have an angle of intersection measured within said lot of not more than 135 degrees.

M.

Lot Coverage means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, including any area under roof, cantilevered decks, balconies, roof overhangs, and eaves. Paved areas, swimming pool decks, and other similar structures constructed at or below grade level, or in no event higher than 30 inches above adjoining grade of said structures, shall not be considered at "lot coverage."

N.

Lot Depth means the horizontal length of a straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear lot line. On panhandle or flag shaped lots, the access strip portion shall be excluded when calculating lot depth.

O.

Lot, Interior means a lot other than a corner lot or reversed corner lot.

P.

Lot, Irregularly shaped means a lot that is other than substantially square-, rectangular-, panhandle- or pie-shaped.

Q.

Lot, Key means the first lot to the rear of a reversed corner lot whether or not separated by an alley.

R.

Lot Line Building means either:

1.

A building constructed and located on, or less than one foot from the property line on any boundary of a building site; or

2.

Any overhang of a building constructed and located on, or less than one foot from the property line on any boundary of a building site.

S.

Lot Line, Front means:

1.

In the case of an interior lot, a line separating a lot from the street.

2.

In the case of a corner lot, a line separating the narrower street frontage from the street.

3.

In the case of either an interior or corner lot which extends from one street to another, the lines separating the lot from the streets on both frontages, except where the right of vehicular access has been waived to one of the streets as required by governmental agency, the line separating the lot from the street upon which access has been waived becomes the rear property line.

T.

Lot Line, Rear means the record lot line or lines most distant from and generally opposite the front lot line; except that in the case of an interior triangular or pie-shaped lot, it shall mean a straight line ten feet in length which:

1.

Is parallel to the front lot line or the chord of a curved front lot line; and

2.

Intersects the two other lot lines at points most distant from the front lot line.

U.

Lot Line, Side means any lot line of record not a front line or a rear lot line.

V.

Lot, Panhandle means a lot whose largest area is located to the rear of another lot or lots and which lot has its only access by means of a narrow, fee ownership strip of land connecting such lot to a street; same as "Flag Lot."

W.

Lot, Reversed Corner means a corner lot, the street side line of which is a continuation of the front line of the lot abutting the rear of such reversed corner lot.

X.

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

Y.

Lot Width means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.

(Ord. No. 541; Ord. No. 615; Ord. No. 727; Ord. No. 795)

A.

Manufactured Home means a single dwelling unit constructed wholly or partially off-site that is installed on a permanent foundation system, and which is certified and compliant with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), and compliant with Section 18551 of the California Health and Safety Code. For purposes of this Title, a manufactured home shall be subject to the same regulatory standards and permit review process applicable to conventional single dwelling units in the zone in which it is located, unless expressly stated in Chapter 23.15 of this Code.

B.

Marquee means a fixed shelter used only as a roof and extended over a building line, and which is entirely supported by the building to which it is attached. Compare "Awning," "Canopy."

C.

Mezzanine or Mezzanine Floor means an intermediate floor placed in any story or room. When the total area of any such "mezzanine floor" exceeds one-third the total floor area in that room, it shall be considered as constituting an additional "story."

D.

Motel or Tourist Court means a group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, including auto courts and motor lodges.

E.

Motor Vehicle means a self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway, excepting a device moved by human power or a device used exclusively upon stationary rails or tracks.

F.

Multiple Dwelling Unit means a building or lot containing two or more dwelling units on a single lot. The term does not include a Single Dwelling Unit, Accessory Dwelling Unit, or Junior Accessory Dwelling Unit.

G.

Municipal Code means the Municipal Code of the City of Del Mar.

(Ord. No. 902; Ord. No. 932, § 5, 10-2-2017; Ord. No. 1000, § 3, 9-18-2023)

A.

Natural Grade means the original grade level that historically existed on a site prior to any site preparation, grading, or construction, as established to the satisfaction of the Planning Department. If natural grade cannot be determined, "existing grade" shall be considered as the natural grade.

B.

Nonconforming Lot means an existing lot lawfully established and maintained which does not conform to the area, street frontage, width or depth requirements of the applicable zoning category, either as of the effective date of this Chapter or as a result of prior or subsequent ordinances which make such lot nonconforming.

C.

Nonoperating Vehicles, Storage Of means the presence on any lot or parcel of land of two or more motor vehicles which for a period exceeding thirty days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of the storage of nonoperating motor vehicles. The storage of such nonoperating motor vehicles shall not include automobile wrecking.

(Ord. No. 541; Ord. No. 724)

A.

Off-street Parking Space means an off-street permanently maintained parking space of a size and location as may be required by this Chapter.

B.

Outdoor Display Area means an area located on the exterior of a structure housing a retail sales operation, where new and/or used goods or commodities associated with the enclosed sales operation are displayed but not sold.

C.

Outdoor Sales means a retail sales activity, not located within a structure housing a retail sales operation and not associated with a structure housing a retail sales operation, where groups of individual sellers offer goods or commodities, new and/or used, for sale to the public (does not include garage or yard sales.) Same as "flea market".

D.

Outdoor Storage means storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.

E.

Owner means the holder of the fee title to property, whether a person, partnership, corporation or other entity recognized by law, and his or its lessees, permittees, assignees or successors in interest.

(Ord. No. 718)

A.

Panhandle Lot. See "Lot, Panhandle."

B.

Parcel Map means a map showing the division of land as described in the State Subdivision Map Act and prepared in accordance with Chapter 24 of the Del Mar Municipal Code.

C.

Parcel of Land means a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same person.

D.

Parking Space. See "Off-street Parking Space."

E.

Person with Disabilities has the meaning set forth in the Federal Fair Housing Act and the California Fair Employment and Housing Act and is an individual who:

1.

Has a physical or mental impairment that substantially limits one or more major life activities;

2.

Is regarded as having such an impairment; or

3.

Has a record of such impairment.

F.

Primary Dwelling Unit means a dwelling unit that occupies the majority of the area of a lot containing a smaller Accessory Dwelling Unit or Accessory Building that is incidental to, related to, and clearly subordinate to the dwelling unit.

G.

Primary Use means the allowed use on a premises that occupies a majority of the area of the premises.

H.

Private Road, Private Road Easement means a parcel of land not dedicated as a public right-of-way but intersecting or connecting with a public right-of-way, or another private street, and for which a private easement for road purposes has been granted to owners of property contiguous or adjacent thereto and which has been recorded with the Office of the County Recorder.

I.

Public Right-of-Way means any public street, road, avenue, highway, named or unnamed alley, lane, court, place trail, or other public way, operated and/or controlled by the City or other public entity, or subject to an easement owned by or dedicated or granted to City. A public right-of-way shall include all of the areas as listed above in this Section, be they improved and existing or be they reserved or described but not yet improved; and all extensions thereof, and additions thereto. A public right-of-way shall include the space on, above or below the dedicated area. See also "Street" for related definition.

(Ord. No. 795; Ord. No. 917, § 1, 9-19-2016; Ord. No. 932, § 6, 10-2-2017)

A.

Reasonable Accommodation means a deviation that provides relief from, and flexibility in, the application of the City's zoning, building, and land use laws, regulations, policies or procedures, which is necessary to provide disabled persons with an equal opportunity to use and enjoy a dwelling or commercial or industrial facility.

B.

Recreational Vehicle. Recreational vehicles include the following:

1.

Travel Trailer means a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, and vacation purposes.

2.

Camper means a structure designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render it suitable for uses as a temporary dwelling for camping, travel, recreational, and vacation purposes.

3.

Motorized home means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

4.

Boats, boat trailers, dune buggies, and other motorized or towed vehicles used solely for recreational purposes.

C.

Rest Home means a home operated as a boarding home, and in which nursing, dietary and other personal services are furnished to convalescents, invalids, and aged persons, but in which no persons suffering from a mental sickness, disease, disorder or ailment or from a contagious or communicable disease are kept, and in which no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals are performed.

D.

Restaurant means an eating establishment which includes the on-site sale and consumption of food and/or beverages.

E.

Roadway means that portion of a right-of-way or private road designed or used for accommodating the movement of vehicles.

(Ord. No. 795; Ord. No. 917, § 1, 9-19-2016)

A.

Screening means solid walls, solid fences or dense hedges for the purpose of concealing from view the area behind such structure or hedges. See also "Fence" and "Landscaping."

B.

Service Road or Frontage Road means a street lying adjacent and approximately parallel to and separated from a freeway or highway and which affords access to abutting property.

C.

Service Station means the same as "Automobile Service Station."

D.

Setback Line means a line which defines a front, rear or side yard as required by this Chapter, other than a property line between which line and the property line no building, structure, or portion thereof shall be permitted, erected, constructed, or placed unless specifically permitted by this Chapter.

E.

Sign means any word, letter, placard, board, notice, logo, insignia, flag or banner used to advertise or promote the interest of any person, institution, business or product.

F.

Single Dwelling Unit means a dwelling unit located on an individual lot. This term does not include an Accessory Dwelling Unit or Junior Accessory Dwelling Unit.

G.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above it. If any part of any level of a building is considered a story, that entire level shall be considered a story. If there is no floor above, then the space between such floor and the highest point of the finished ceiling next above it shall be considered a story. A story shall include:

1.

A basement, if at any point the finished floor above is higher than three feet above the lowest point of the natural or finished adjacent grade, whichever is lower.

2.

An attic with a vertical dimension of five feet six inches or more between the floor and the level of the finished roof immediately above.

3.

Any space with a vertical dimension of five feet six inches or more between the floor and the finished floor above or, where there is no floor above, the level of the finished roof immediately above; and

4.

A mezzanine when such mezzanine exceeds one-third of the total floor area of the larger space in which it is located.

H.

Story, Two or More. A two or more story structure is one in which a story or portion thereof is directly above another lower story.

I.

Street means a thoroughfare dedicated, condemned, and accepted for public use and/or which affords primary means of vehicular access to abutting property, including boulevard, avenue, place, drive, court, lane, or other thoroughfare dedicated to such public travel. "Street" shall not include an alley or walk as defined herein, except where lots have been recorded which abut only on an alley or walk, said alley or walk shall be considered to be a street.

J.

Street Frontage means the distance measured along a property line of a lot or parcel where said property line separates the lot or parcel from a street. Same as "Street Line."

K.

Structural Alterations means any change in the supporting members of a building such as foundations, bearing walls, column beams, floor or roof joists, girders or rafters, or changes to enclose additional space.

L.

Structure means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground. "Structure" shall include any kind of building, porch, pier, column, porch post, sign, billboard, immobilized trailer coach, or other building obstruction.

M.

Subdivider means any person, firm, corporation, partnership or association which causes real property to be subdivided.

N.

Subdivision means any act which causes real property to be divided into separate ownership pursuant to the Subdivision Map Act and City ordinances.

O.

Subdivision Map Act means the Subdivision Map Act of the State of California, Title 7, Division 2, of the California Government Code commencing with Section 66410 thereof.

P.

Substantial Construction means completion of a minimum of ten percent of the total amount of construction authorized by the permit based on the monetary value of construction costs including grading, site preparation and construction but specifically excluding all costs associated with the acquisition of interest in the project site and all costs associated with the preparation and processing of permits or plans.

Q.

Substantial Slope means a slope exceeding 25 percent with a vertical rise of 20 feet or more.

R.

Studio means a dwelling unit that combines kitchen, living, and sleeping rooms into one room; same as a bachelor or efficiency unit.

S.

Supportive Housing means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site 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.

(Ord. No. 541; Ord. No. 641; Ord. No. 893; Ord. No. 900; Ord. No. 932, § 7, 10-2-2017)

A.

Tandem Parking Space means a parking space located directly behind another parking space.

B.

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.

C.

Temporary Enclosure means a membrane designed and used to cover or partially cover and/or enclose or partially enclose a portion of a lot's bulk floor area and which membrane is designed to be removed and/or retracted quickly and easily so as to render the bulk floor area uncovered and/or unenclosed.

D.

Tiny Home means a small accessory dwelling unit with at least 150 square feet of interior living space that meets all of the following criteria: a maximum of 400 square feet, installed on a foundation, and designed for independent living that has separate facilities for cooking, sleeping, and sanitation, including connections to water and sewer utilities.

E.

Trailer Coach means any camp car, mobile home, trailer or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the vehicle code of the State, and designed for use for human habitation.

F.

Trailer Court or Trailer Park means any premises on which there is located one or more occupied trailer coaches or where space for trailer coaches is rented, held for rent or one which fee occupancy or camping is permitted to trailer coach users, but shall not include premises on which unoccupied trailer coaches are parked for inspection and sale.

G.

Transitional Housing means buildings configured as rental housing developments, but operated under programs 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. Shall mean the same as Transitional Housing Development.

H.

Trellis means open construction using thin strips of wood, metal, etc. crossing each other in open patterns.

(Ord. No. 640; Ord. No. 744; Ord. No. 893; Ord. No. 1002, § 1, 12-18-2023)

A.

Underground Parking Structure means an attached or detached parking structure, constructed so that more than one-half of the vertical height between the floor ceiling of the uppermost story of the parking structure is, on average, below the structure's average adjoining grade.

B.

Use means the purpose for which land or structures are arranged, designed or intended, or for which either land or structures are, or may be, occupied or maintained. Use includes construction, establishment, maintenance, alteration, moving onto, enlargement, operation or occupancy.

C.

Use, Accessory. See "Accessory Use."

D.

Use, Conditional means a use for which a Conditional Use Permit is required, pursuant to the provisions of this Chapter.

E.

Use, Principal, Primary means the main or primary purpose for which a structure or lot is designed, arranged or intended, or for which either may be used, occupied or maintained under the provisions of this Chapter.

F.

Use, Temporary means a use of land or structures not intended to be of permanent duration.

A.

Variance means a modification of the specific regulations of this Chapter, granted by resolution by the Planning Commission or City Council in accordance with the terms of this Chapter.

A.

Wall means any structure or element of a structure or any member or group of members which defines the vertical exterior boundaries of a building or a court of a building.

A.

Yard means an open space on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter, and located on the same lot with the building or use which it serves.

B.

Yard, Front means a yard extending between the side lot lines across the full width of the lot and lying between the front lot line and its extension and a line parallel thereto, and having a horizontal distance between them equal to the required front yard depth as prescribed in each zone. When a lot lies partially within a planned street indicated on a precise plan for such a street, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this Chapter.

C.

Yard, Rear means a yard extending between the side lot lines across the full width of a lot and lying between the rear lot line and a line parallel thereto, and having a horizontal distance between them equal to the required rear yard depth as prescribed in each zone.

D.

Yard, Interior Side means a yard extending from the required front yard to the required rear yard, or extending to property lines where no front nor rear yards are required, and lying between the interior side lot line and a line parallel thereto, and having a horizontal distance between them equal to the required interior side yard width as prescribed in each zone.

E.

Yard, Street Side means a yard extending from the required front yard, or the front property line where no front yard is required, to the rear property line and laying between the street side lot line and a line parallel thereto, and having a horizontal distance between them equal to the required street side yard width as prescribed in each zone.

A.

Zoning Map means the designated official map or maps which show the location and boundaries of the districts established by this Chapter which are referred to as the "Zoning Map" and incorporated as part of this Chapter. The said "Zoning Map" together with everything shown thereon and all amendments thereto, are as much a part of this Chapter as if fully set forth and described in context.