Provisions of this Chapter shall be known as the "definitions." The purpose of these provisions is to promote consistency and precision in the interpretation of the Zoning Code. The meaning and construction of words and phrases as set forth shall apply throughout the Zoning Code, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Codes shall be applicable except when in conflict with definitions contained in the Zoning Code, in which case the Zoning Code definition shall prevail.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

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

(A)

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

(B)

Illustration. In case of any difference of meaning or implication between the text of any provision and any illustration, the text shall control.

(C)

Shall and May. "Shall" is always mandatory and not discretionary. "May" is discretionary.

(D)

Tenses and Numbers. Words used in the present tense include the future, and words used in the plural, include the singular, unless the context clearly indicates the contrary.

(E)

Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

(1)

"And" indicates that the connected items or provisions apply.

(2)

"Or" indicates that the connected items or provisions may apply singly or in any combination.

(3)

"Either … or" indicates that the connected items or provisions shall apply singly but not in combination.

(F)

All public officials, bodies, and agencies to which reference is made are those of the County of Mendocino unless otherwise indicated.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Department" means the Department of Planning and Building Services.

(B)

"Board" or "Board of Supervisors" shall have the same meaning.

(C)

"Commission" or "Planning Commission" shall have the same meaning.

(D)

"City" means any city in the County of Mendocino.

(E)

"County" means the County of Mendocino.

(F)

"Federal" means the Government of the United States of America.

(G)

"State" means the State of California.

(H)

"Used" includes "arranged for," "designed for," "occupied," or "intended to be occupied for."

(I)

"General Plan" means the Mendocino County General Plan.

(J)

"Director" means the Director of Planning and Building Services.

(K)

"Section" means a section of the Zoning Code unless otherwise indicated.

(L)

"Division" means the entire Zoning Code—Division I unless otherwise indicated.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Accessory building" means a detached subordinate structure, the use of which is incidental to the established primary use or main structure located on the same lot or building site; i.e., private garage, storage shed, farm out buildings, etc. In no case shall such accessory structure dominate, in area, extent or purpose, the principal lawful structure or use. Accessory buildings shall not contain any sleeping quarters or kitchen facilities and are therefore not intended for human occupancy. See Chapter 20.164 Accessory Use Regulations.

(B)

"Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

(1)

An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

(2)

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

(C)

Accessory Structure. See Accessory Building.

(D)

"Accessory use" means a use of land or of a structure incidental or subordinate to the principal use located upon the same lot.

(E)

"Administrative Permit" means a permit granted pursuant to Chapter 20.192 by an agency of Mendocino County or the Zoning Administrator for a uses specified as subject to an administrative permit in each zoning district.

(F)

"Agricultural Employee" shall have the same meaning as provided in section 1140.4(b) of the California Labor Code.

(G)

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

(H)

"Alley" means a public or private way permanently reserved as a secondary means of access to abutting property.

(I)

"Amendment" means any change, modification, deletion, or addition to the wording, text or substance of the Zoning Code, or any change, modification, deletion, or addition to the application of the Zoning Code to property within Mendocino County, including any alteration in the boundaries of a zone, when adopted by ordinance passed by the Board of Supervisors in the manner prescribed by law.

(J)

"Animals, large" is limited to bovine and equine animals, sheep, goats, swine and similar animals.

(K)

"Animals, small" means dogs, cats, birds, poultry, rabbits, chinchillas, hamsters, and other small domesticated animals other than a large animal.

(L)

"Antenna" means a device used in communications designed to radiate and/or capture electromagnetic signals.

(M)

"Antenna, building-mounted" means any antenna attached to and supported by a building or other structure more than ten (10) feet tall, other than an antenna tower, i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign.

(N)

"Antenna, roof-mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than an antenna tower.

(O)

"Antenna tower" means any pole, tower, or other structure, over ten (10) feet tall, erected for the purpose of supporting one (1) or more antennas.

(P)

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

(Q)

"Assisted Living Residential Care Facility" means the same as "family care home" a state-authorized, certified, or licensed family care home, foster home, group home serving six (6) or fewer mentally impaired or otherwise handicapped persons, persons recovering from alcoholism or drug addiction or dependent and neglected children. A family care home may provide care and service on a twenty-four-hour-a-day basis. No facility shall qualify as a family care home if it is operated in such a manner that facilities, activities, or events thereon are shared by more than six (6) mentally impaired or otherwise handicapped persons or dependent and neglected children.

(R)

"Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of three (3) or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Bank" means an establishment for the custody, loan exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds.

(B)

"Barn" means a building used for the shelter of livestock, the storage of agricultural products, or the storage and maintenance of farm equipment and agricultural supplies.

(C)

"Battery Energy Storage System (BESS)" means a type of energy storage system that uses batteries to store and distribute energy in the form of electricity. BESS enables energy from renewables such as solar and wind to be stored and released when needed to the grid.

(D)

"Block" means all property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus of dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

(E)

"Boarding house" means a building or portion thereof, other than an inn or hotel, where regular meals are provided to persons for compensation or profit.

(F)

Boarding Stable. See Stable.

(G)

"Building" means a structure having a roof, and which is constructed in a permanent position upon the ground and is designed and intended to be used for the shelter or enclosure of persons, animals or property. This definition does not include any type of mobile home, recreational vehicle, boat, or tent.

(H)

"Building, height of" means the vertical distance from the average ground level of the building to the highest point of the roof ridge or parapet wall.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

Camping Area, Incidental. See Incidental Camping Area.

(B)

"Campsite" means an area within an incidental camping area occupied by a camping party.

(C)

"Chimney" means a hollow shaft containing one (1) or more passages vertical or nearly so, for conveying products of combustion.

(D)

"Clinic" means any place, establishment or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other word or phrase of like or similar import, either independently or in connection with any other purpose, for the purpose of furnishing at the place, establishment, or institution, advice, diagnosis, treatment, appliances or apparatus, to persons or animals not residing or confined in the place, establishment, or institution, and who are afflicted with bodily or mental disease or injury.

(E)

"Cluster" means the grouping of dwellings or parcels in suitable areas so as to insure the preservation of the valuable site resources as opposed to even dispersal over the project area.

(F)

"College" means a college, junior college or university supported by public funds, or a private college, junior college or university which gives comparable general academic instruction and degrees.

(G)

"Combining district" means a district providing special regulations which supplement or add to basic zoning district regulations.

(H)

"Conservation easement" means a legally drafted and recorded agreement between a landowner and the County, land trust, or other qualified organization in which the owner agrees to place certain restrictions over all or portions of his/her land in perpetuity to retain it in a predominantly natural, scenic, agriculture or other open space condition. Except for the specific restrictions contained in the easement document, the owner retains all other rights in the property. The easement stays with the land and is therefore legally binding on present and future owners.

(I)

"Construction" means the placement of construction materials in their permanent position and fastened in a permanent manner.

(J)

"Contract zoning" means conditions to a rezoning which are not specified in the Zoning Ordinance but which conditions are binding to both the property owner and the County.

(K)

Converted Mobile Home. See Mobile Home, Converted.

(L)

Community Design Guidelines. a set of standards regarding the aesthetics of development, including building appearance and character, colors, landscaping, location of parking, siting of structures on building sites, and other issues that are used to evaluate the suitability and appropriateness of individual projects in terms of overall visual appearance, capacity to unify streetscapes, expression of valued community themes, establishment of a "sense of place," and enhancement of community cohesiveness.

(M)

Corner Lot. See Lot, Corner.

(N)

"Cottage industry" means a small scale business operated in or around a residential use and which complies with Chapter 20.160.

(O)

"Co-location" means the installation of antennas operated by different entities in close proximity so that use of substantial elements of the facility such as the antenna tower, equipment shelter or fenced enclosures are shared. Co-location includes replacement of an existing tower with one capable of supporting additional antennas provided the overall height of the facility is not increased.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Day Care Home—Small Family" means the same as "small family daycare home" as defined in California Health and Safety Code section 1596.78.

(B)

"Day Care Home—Large Family" means the same as "large family daycare home" as defined in California Health and Safety Code section 1596.78.

(C)

"Dead storage" means the storage of the owner's or occupant's recreational vehicle on the site in such a manner that it is not connected to utilities and is not occupied as living quarters.

(D)

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

(E)

"Detached bedrooms" means a separate incidental structure containing one (1) room only without a kitchen or sanitation facilities, designed for and intended to be used as a sleeping or living facility for family members to be used in conjunction with a main structure which includes kitchen and sanitation facilities. A detached bedroom shall be located no farther than one hundred fifty (150) feet from the main structure, and shall not exceed five hundred (500) square feet of floor area. See Chapter 20.164 Accessory Use Regulations.

(F)

"Development agreement" means an agreement between the County and an applicant entered into pursuant to Government Code Sections 65864 through 65869.5.

(G)

"Dwelling" means a building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple dwellings, but not including hotels or boarding houses.

(H)

"Dwelling, single-family" means a building containing not more than one (1) dwelling unit. Included is a converted mobile home and moveable tiny home.

(I)

"Dwelling, two-family (duplex)" means a building containing two (2) dwelling units. Included is a converted mobile home.

(J)

"Dwelling, multifamily (apartment)" means a building or portion thereof containing three (3) or more dwelling units.

(K)

"Dwelling group" means a group of two (2) or more dwelling units located on a parcel of land which is held in one (1) ownership.

(L)

"Dwelling unit" means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and having only one (1) kitchen. Included in the definition of a dwelling unit is a "moveable tiny home," "Accessory Dwelling Unit" and "Junior Accessory Dwelling Unit."

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Efficiency Kitchen" means a small food preparation area for a junior accessory dwelling unit or moveable tiny home that includes the following:

(1)

A cooking facility with appliances.

(2)

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(B)

"Emergency shelter" means a facility for the temporary shelter and feeding of indigents, disaster victims, or homeless persons that is limited to occupancy of six (6) months or less, as defined in Section 50801(b) of the California Health and Safety Code.

(C)

"Equity Sharing" means an agreement by which appreciation on the value of an affordable unit from the time of original purchase at an affordable price to the time of resale shall be shared between the owner and the County or its designated agency. Such an agreement will be a condition of financial assistance for income qualified households to purchase Affordable Housing Units.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Family" means one (1) or more persons occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boarding or lodging house, hotel, club or similar dwelling for group use. "Family" does not include a fraternal, religious, social or business group.

(B)

"Family care home" means the same as "Assisted Living Residential Care Facility" a state-authorized, certified, or licensed family care home, foster home, group home serving six (6) or fewer mentally impaired or otherwise handicapped persons, persons recovering from alcoholism or drug addiction or dependent and neglected children. A family care home may provide care and service on a twenty-four-hour-a-day basis. No facility shall qualify as a family care home if it is operated in such a manner that facilities, activities, or events thereon are shared by more than six (6) mentally impaired or otherwise handicapped persons or dependent and neglected children.

(C)

"Family care institution" means a state-authorized, certified, or licensed family care home, foster home, or group home which does not qualify as a family care home.

(D)

"Family care unit" means the temporary use of a building, structure or trailer coach to provide housing for:

(1)

Not more than two (2) adult persons who are sixty (60) years of age or older; or

(2)

An immediate family member or members who require daily supervision and care; or

(3)

A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence.

(E)

"Farm employee" means the same as "agricultural employee" as defined in section 1140.4(b) of the California Labor Code.

(F)

"Flood plain" means an area subject to temporary inundation of normally dry land lying outside the normal stream channel as a result of one (1) or more of the following occurrences or conditions: the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

(G)

"Floor area" means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the roof or floor above.

(H)

"Floor area, gross" means the total floor area including public areas such as hallways, lobbies, wash rooms, related storage areas and service rooms or areas, plus work areas, office space and sales floor.

(I)

"Floor area ratio" means the ratio of total building floor area to total site area, is a commonly used measure of commercial and industrial development intensity. It is typically expressed as a decimal, i.e. 0.50.

(J)

Freestanding sign. See Sign, Freestanding.

(K)

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

(L)

Front Yard. See Yard, Front.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

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

(B)

"Garage, public" means a building other than a private garage in which spaces or stalls are rented to the public for the shelter or storage of private automobiles and other forms of private transportation or recreational vehicles, and which may include as a use incidental thereto, the storage of personal effects and personal household articles.

(C)

"Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

(D)

Gross Floor Area. See Floor Area, Gross.

(E)

"Guest cottage" means a detached building (not exceeding six hundred forty (640) square feet of gross floor area), of permanent construction, without wet bar or kitchen or any provision for appliances for the storage and preparation of food, clearly subordinate and incidental to the primary dwelling on the same lot, and intended for use without compensation by guests of the occupants of the primary dwelling.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Home occupation" means an occupation which is accessory and incidental to a residential use and conducted entirely within the dwelling unit or accessory building(s) located on the premises. See Chapter 20.156, Home Occupations.

(B)

"Hospital" means an institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates twenty-four (24) hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be so licensed by the State Department of Health.

(C)

"Hotel" means any building or portion thereof containing three (3) or more guest rooms or suites each used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation.

(D)

"Household" means all the persons related, or unrelated, who occupy a single dwelling unit. Persons not living in households are classified as living in group quarters.

1.

"Extremely Low-income Household" means a household with an annual income less than thirty (30) percent of County mean income, adjusted by household size, as determined by the California State Department of Housing and Community Development.

2.

"Very Low-income Household" means a household with an annual income no greater than fifty (50) percent of the County median income, adjusted by household size, as determined by the California State Department of Housing and Community Development.

3.

"Low-income Household" means a household with an annual income of at least fifty (50) percent of the County median income, but less than eighty (80) percent of the County median income, adjusted by household size, as determined by the California State Department of Housing and Community Development.

4.

"Moderate-income Household" means a household with an annual income of at least eighty (80) percent of the County median income but less than one hundred twenty (120) percent of the County median income, adjusted by household size, as determined by the California State Department of Housing and Community Development.

(E)

"Household pets" means animals or fowl ordinarily permitted in the house and kept for company or pleasure and not for profit such as dogs, cats, and birds but not including a sufficient number of animals to constitute a kennel.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Incidental camping area" means any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or water or power development purposes and where one (1) or more campsites used for camping are rented or leased or held out for rent or lease.

(B)

"Inclusionary Unit" means an affordable housing unit required to be provided by the developer of a residential housing project pursuant to the requirements of Section 20.238 of this code.

(C)

"Inn" means any building or portion thereof or group of buildings containing three (3) or more guest rooms or suites each used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit, and where regular meals are provided for compensation or profit.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Junior Accessory Dwelling Unit" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure..

(B)

"Junkyard" means any land, lot or portion thereof where there is more than:

(1)

One hundred (100) square feet for parcels less than forty thousand (40,000) square feet; or

(2)

Four hundred (400) square feet for parcels greater than forty thousand (40,000) square feet of waste, discarded or salvaged materials bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, and including used furniture and household equipment yards, house wrecking yards, used lumber yards, and the like; excepting a site on which such uses are conducted within a completely enclosed structure.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Kennel" means any lot, building, structure, enclosure or premises whereupon or wherein are kept seven (7) or more dogs, cats or similar small animals over eight (8) weeks of age, in any combination, for more than ten (10) days, whether such keeping is for pleasure, profit, breeding, or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, or kept for hire.

(B)

"Kitchen" means any room or portion of a building used or intended or designed to be used for cooking or the preparation of food, including any room having a sink and cooking stove that has a flat top with plates or racks to hold utensils over flames or coils.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Large family daycare home" means the same as "large family daycare home" as defined in California Health and Safety Code section 1596.78.

(B)

"Live/work space" means a space where personal living space and professional workspace is combined in such a way that neither is compromised, such as in an artist's studio or where a loft or apartment is built above a store and/or office.

(C)

"Live-work use" means a type of residential use that physically integrates the resident's commercial or manufacturing workspace within the same building or site.

(D)

"Living area" means the interior inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any accessory structure.

(E)

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

(F)

Lodging House. See Hotel.

(G)

"Lot" means a parcel or real property which, upon application, is eligible for a Certificate of Compliance.

(H)

"Lot area" means the total area, within the boundary lines of a lot, exclusive of easements as required in the County Division of Land Regulations.

(I)

"Lot, corner" means a lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.

(J)

"Lot coverage" means the percentage of net site area covered by the vertical projection of any structure.

(K)

"Lot, double frontage" means a lot fronting on two (2) parallel or approximately parallel streets.

(L)

"Lot depth" means the horizontal length of a straight line connecting the mid points of the front and rear lot lines.

(M)

"Lot line, front" means the front of a lot shall be that face of a lot that abuts on a street: in the case of a double frontage road and a corner lot, the face abutting on either street. In a case of irregular frontage or access, the front lot line shall be determined by the Planning and Building Services Director.

(N)

"Lot line, rear" means the most distant lot line opposite and parallel to the front lot line; in the case of an irregular lot, the line most closely paralleling the front lot line.

(O)

"Lot line, side" means any lot line other than a front or rear lot line. A lot line separating a lot from a street shall be the street-side lot line.

(P)

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

(Q)

"Lot, width" means the horizontal distance between side lot lines measured at the front yard setback line.

(R)

"Low Barrier Navigation Center" means the same as defined in California Government Code section 65660(a).

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Main building" means a building which is devoted primarily to a principal use or uses; or, the only building on a lot or building site.

(B)

"Market Rate" means not restricted to an "affordable" housing price as defined in section 20.008.020 of this document, or an affordable rent.

(C)

"Mixed Use" means the development of any permitted residential use in conjunction with at least one (1) commercial or civic use type within the same building, either vertically (i.e., different uses located on separate floors) or horizontally (i.e., different uses located side-by-side on the same floor), or in multiple buildings, located on one (1) or more parcels, that are developed with shared site improvements such as pedestrian walkways, landscaping, public spaces (e.g., courtyards and plazas), and vehicle parking and circulation.

(D)

Intentionally omitted.

(E)

"Mixing plant" means plant for mixing concrete or asphalt products (including batch plants).

(F)

"Mobile home" means a transportable structure built on a chassis for movement, and designed to be used as a dwelling without permanent foundation when connected to the required utilities. No such structure shall be deemed to be a mobile home which is less than eight (8) feet wide or forty (40) feet in length.

(G)

"Mobile home, converted" means a mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974, on a foundation system pursuant to Section 18551 of the California Health and Safety Code.

(H)

"Mobile home lot" means an area or tract of land or portion of a mobile home park designated or used for one (1) mobile home.

(I)

"Mobile home park" means an area or tract of land where two (2) or more mobile home lots are rented or leased or held for rent or lease to accommodate mobile homes for human habitation; provided that mobile home park does not include:

(1)

Premises on which any trailer coaches are parked for inspection and sale;

(2)

Premises on which all but one (1) of the trailer coaches are used exclusively for temporary uses pursuant to Temporary Use Regulations in Chapter 20.168.

(3)

Premises on which all but one (1) of the trailer coaches are used exclusively to provide farm employee housing or as a farm labor camp.

(J)

"Mobile home park, standard" means a mobile home park developed pursuant to the regulations of Chapter 20.172.

(K)

"Model home" means an unoccupied dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental for the first time in a particular subdivision or other residential development which may be comprised of one (1) family, two (2) family, or multiple dwellings, or a combination thereof.

(L)

"Motel" means any building or portion thereof or group of buildings containing three (3) or more guest rooms or suites where such rooms or suites are directly accessible from an outdoor parking area and where each is used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit.

(M)

"Moveable Tiny Home" means a dwelling unit utilized as a single family dwelling unit or accessory dwelling unit which complies with the standards found in Chapter 20.170.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

Nonconforming Sign. See Sign, Nonconforming.

(B)

Nonconforming Structure. See Structure, Nonconforming.

(C)

Nonconforming Use. See Use, Nonconforming.

(D)

"Nonconforming Zoning Condition" means a physical improvement on a property that does not conform to current zoning standards.

(E)

Nonoperating Vehicles, Storage of. See Storage of Nonoperating Vehicles.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Off-site service providers" means businesses where the primary activity is conducted off-premises from the location of the business office or equipment, vehicle, or supply storage. Such business may include but is not limited to contractors, tradespeople, equipment servicers, or instructors.

(B)

Off-Site sign. See Sign, Off-Site.

(C)

On-Site sign. See Sign, On-Site.

(D)

"Open space easement" means an easement established pursuant to Section 51050 or Section 51080 of the Government Code or an easement which ensures the permanent retention of land in open space.

(E)

"Organized camp" means a site with program and facilities established for the primary purpose of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives for five (5) days or more during one (1) or more seasons of the year.

The criteria to be used in identifying an organized camp are as follows:

(1)

Camp is located on a permanent site;

(2)

Camp has a well-defined program of organized supervised activity in which campers are required to participate;

(3)

There is present at the camp a qualified program director and a staff adequate to carry out the program;

(4)

A major portion of daily program activities are out of doors;

(5)

Establishments which rent or lease facilities on an individual, family, or group basis for the principal purpose of sporting or other unorganized recreational activities should be considered an organized camp;

(6)

Camps operated by organizations such as the Y.M.C.A., Y.W.C.A., Girl Scouts of America, Boy Scouts of America, Camp Fire Girls, Salvation Army, etc., are true prototypes of organized camps. Membership in one (1) of the following organizations is indicative of status as an organized camp:

(a)

The American Camping Association,

(b)

The Christian Camp and Conference Association,

(c)

The California Association of Private Camps,

(d)

The Association for Outdoor Education Inc., or

(e)

Other similar camping associations.

(F)

"Original jurisdiction" refers to either the Zoning Administrator, Planning Commission or Board of Supervisors, whichever body has the initial authority to take action for approval or denial, regardless if that action is appealable or final.

(G)

"Owner Occupied Unit" means a unit that is the primary residence of its owner.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Parcel" means a unit of land or lot which, upon application, is eligible for a Certificate of Compliance.

(B)

"Parcel group" means a cluster of parcels, the maximum number determined by General Plan density.

(C)

"Parking space" means an unobstructed space or area at least nine (9) by twenty (20) feet, other than a street or alley which is permanently reserved and maintained for the parking of one (1) motor vehicle.

(D)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

(E)

"Permitted Use." For the purpose of this Division, a "permitted use" in any district shall include any use listed as a Permitted Use and shall further include uses subject to an Administrative Permit and uses subject to a Use Permit for the particular district provided a use permit is obtained.

(F)

"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(G)

"Planned development" means the development of parcels in a single ownership, which are suitable for and of sufficient acreage to contain a planned community or development; or parcels in multiple ownerships, which are determined to have development limitations, and require that improvement plans be prepared before divisions of land occur, or use permits are approved.

(H)

Portable Sign. See Sign, Portable.

(I)

"Preliminary Development Plan" means a land use diagram that shows the proposed mixed use project will not prevent orderly future development of any undeveloped portion of the project parcel(s). This plan includes the general location and type of possible future uses, circulation, and utilities outside of the project area and shows the project's relationship with the remainder of the site as well as existing development on adjoining lots and streets.

(J)

"Premise" means a lot or contiguous lots or portions thereof with functions, characteristics or uses uncommon to the remainder of the lot or lots.

(K)

"Premises" means a lot, or contiguous lots or portions thereof with functions, characteristics or uses uncommon to the remainder of the lot or lots.

(L)

Principal use(s)" means the primary use(s) for which land or a building is or may be intended, occupied, maintained, arranged or designed.

(M)

Private Garage. See Garage, Private.

(N)

Projecting Sign. See Sign, Projecting.

(O)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(P)

Public Garage. See Garage, Public.

(Q)

Public Stable. See Stable, Public.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Recreational vehicles" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, which is less than eight (8) feet wide or forty (40) feet in length.

(B)

"Recreational vehicle park" means an area where one (1) or more camping spaces are rented or leased or held for rent or lease for compensation or profit to owners or users of recreational vehicles or tents and which is intended to be occupied by one (1) or more camping party.

(C)

"Recycling centers" means places of business or public facilities for the collection or processing of recyclable materials which comply with Section 20.024.105.

(D)

"Recyclable material" means reusable material, including but not limited to metals, glass, plastic, or paper which are intended for reuse, reconstitution or remanufacture for the purpose of reusing the altered form. Recyclable materials does not include refuse or hazardous materials except as specifically allowed by a particular use type.

(E)

"Redemption centers" means small collection centers not exceeding three thousand (3,000) square feet for the acceptance and temporary storage of redeemable materials from the public by donation, redemption or purchase, which complies with Section 20.024.107.

(F)

"Refuse disposal site" means an area devoted to the collection, disposal, incineration or transfer of solid waste. Refuse disposal site includes sanitary landfills, transfer stations and containers sites, processing for efficient shipping, disposal or transfer, and accessory recycling and resource recovery facilities and uses.

(G)

"Rental Unit" means a housing unit that is occupied by a party or household that is not its owner, and who pays a fee for the use of the unit.

(H)

"Residential parcel (high density)" means parcels zoned S-R, R-1, R-2, R-3, R-R: L-I or R-C.

(I)

"Resort and recreational facilities" means an establishment comprised of permanent structures offering meals and lodging facilities for temporary or seasonal occupancy, defined as thirty (30) days or less and subject to Mendocino County Code Chapters 5.20 and 6.04, and having recreational facilities for one (1) or more activities such as water sports, tennis, golf, riding, hiking, hunting, fishing or similar uses.

(J)

Roof Sign. See Sign, Roof.

(K)

"Room and Board" means the renting of not more than two (2) rooms for occupancy by transient guests for compensation or profit.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"School" means a building or group of buildings which are used or intended to be used for occupancy and use by teachers and students engaged in the process of learning and the pursuit of knowledge. A public school is a free tax supported school controlled by a governmental authority.

(B)

"Seat" or "seating area" means the actual seating capacity of an area based on the number of seats or one (1) seat per eighteen (18) inches on a bench or pew.

(C)

"Second Residential Unit" means either a detached or attached dwelling unit, including a mobile home, which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel or parcels as the primary unit is situated.

(D)

"Setback" means a required, specified distance between a building or structure and a lot line or lines, measured perpendicularly to the lot line in a horizontal plane extending across the complete length of said lot line or lines.

(E)

"Setback, front yard" means the building or structure setback applicable in the front yard of a lot.

(F)

"Setback, rear yard" means the building or structure setback applicable in the rear yard of a lot.

(G)

"Setback, side yard" means the building or structure setback applicable in the side yard of a lot.

(H)

"Shopping center" means any combination of three (3) or more separately owned or leased and operated retail businesses on a single or commonly owned or leased parcel, or a commercial complex including five (5) or more uses occupying a site of at least two (2) acres. A group of contiguous retail stores, service facilities and related uses utilizing common facilities such as parking, landscaping, signing and loading areas. This group does not necessarily have to be in one (1) ownership.

(I)

"Sign" means any metal, wood, paper, cloth, plastic, paint, material, structure or part thereof, device or other thing whatsoever which is located upon, placed, erected, constructed, posted, painted, tacked, nailed, glued, stuck, carved, fastened or affixed to any building or structure, on the outside or inside of a window or on any awning, canopy, marquee or similar appendage, or on the ground or on any tree, wall, bush, rock, post, fence or other thing whatsoever in such a manner as to be visible out-of-doors and which displays or includes any numeral, letter, word, model, banner, emblem, insignia, symbol device, light, illuminated device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, attention arrester, direction, warning, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry. "Sign" shall include any portable sign.

(J)

"Sign area" means the entire area within the smallest parallelogram, triangle, circle, or combination thereof, which can be delineated so as to encompass the extreme limits of all elements comprising an integral part of a sign display, including any frame or border, but not including essential structural elements, unless it is determined that such structural elements are an integral part of the total sign display; provided, however, that where the surface or face of a sign is curved, spherical, cylindrical or any other similar form, the area of such sign shall be computed on the basis of the projected configuration of that surface or face. The area of any double-faced sign shall be the area of the single face, unless otherwise provided. All other multiple-faced signs shall be the total area of all faces or panels. Sign area as it pertains to sign copy shall mean and be computed as the entire area within the smallest continuous perimeter of not more than eight (8) straight lines encompassing the extreme limit of all of the sign copy of a sign. In the case of a sign composed of individual letters or other devices mounted on a building wall, the copy area of such sign shall be the sum of the areas of the smallest rectangles encompassing each of the individual letters or other devices which comprise the sign copy.

(K)

"Sign face" means the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.

(L)

"Sign, freestanding" means any sign mounted upon its own standard which is supported wholly by structural anchorage to the ground, or mounted upon any accessory structure which does not constitute a building; provided, however, that any such sign which projects over the roof of a building shall be considered to be a freestanding sign.

(M)

"Sign height" means the highest point of any sign face or structural support members, whichever is the greater.

(N)

"Sign, nonconforming" means a sign lawfully erected, established, and maintained prior to the effective date of the code codified in this Division, which because of the application of this Division, does not conform to applicable regulations.

(O)

"Sign, off-site" means any sign as herein defined other than an on-site sign.

(P)

"Sign, on-site" means any sign which pertains and is accessory to a business or industrial use located on the same lot or which offers a lot or portion thereof for sale or lease.

(Q)

"Sign, portable" means a sign and its supporting structure not permanently affixed to the ground or any structure, or a sign located upon a vehicle or trailer placed or parked so as to be visible from the public right-of-way, for the basic purpose of providing advertisement of products or directing people to a business or activity. Portable signs shall not include business identification signs on vehicles, the primary purpose of which is identifying the business owning or operating the vehicle.

(R)

"Sign, projecting" means any sign other than a wall sign which is attached to and projects from the wall or face of a building or structure including a marquee sign.

(S)

"Sign, roof" means any sign erected, painted upon, against, or directly above a roof or on top of or above the parapet of a building, and which is supported wholly or in part by said building. Any sign mounted upon its own standard which is supported wholly by structural anchorage to the ground, or mounted upon any accessory structure which does not constitute a building, shall be considered a roof sign where such sign projects over the roof of a building.

(T)

Any roof, the slope of which varies not more than forty-five (45) degrees from a vertical plane, shall be considered wall space for the purpose of placement of wall signs.

(U)

"Sign, wall" means any sign painted or mounted on a wall or of solid construction located as to be approximately parallel with the face of a building not to extend eighteen (18) inches from the face of a building or structure.

(V)

Single-Family Residence. See Dwelling, Single-Family.

(W)

"Small family daycare home" means the same as "small family daycare home" as defined in California Health and Safety Code section 1596.78.

(X)

"Stable" means a stable used for the boarding, breeding, training, or raising of horses, including horses not owned by the occupants of the premises.

(Y)

"Stable, public" means a stable or arena used for the riding, training and performing of horses by other than the occupants of the premises or their nonpaying guests, but excluding boarding or breeding stables.

(Z)

Standard Mobile Home Park. See Mobile Home Park, Standard.

(AA)

"Storage of nonoperating vehicles." The storage of "nonoperating motor vehicles" shall not include automobile wrecking. The presence on any lot or parcel of land of three (3) or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which no parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of the storage of nonoperating motor vehicles.

(BB)

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

(CC)

"Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters.

(DD)

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground; excepting tents, recreational vehicles and fences less than six (6) feet in height.

(EE)

"Structure, nonconforming" means a building, structure or facility, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this ordinance to it, no longer conforms to the specific regulations applicable to the zone in which it is located.

(FF)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, as defined in California Government Code Section 65582, and that is linked to on-site or off-site services that assist 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, as defined in Section 50675.14 of the California Health and Safety Code. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(GG)

"Swap lot" means a building, structure, enclosure lot or other area into which persons are admitted to display, exchange, barter, sell or bargain for new or used merchandise.

(HH)

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

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Tandem Parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(B)

"Tasting room" means an area devoted to the sampling and sales thereof of wine or beer produced on or off the premises. Sale of food is prohibited, however, the incidental provision of food without compensation is allowed.

(C)

"Timberland" means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen (15) cubic feet per acre.

(D)

"Trailer coach" means any vehicle, with or without motive power, designed or used for human occupancy for residential, recreational, industrial, professional or commercial purposes and shall include mobile home and recreational vehicle.

(E)

"Transient Guest" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.

(F)

"Transient Habitation" means establishments primarily engaged in the provision of lodging services for a period of thirty (30) consecutive calendar days or less with incidental food, drink and other sales and services intended for the convenience of guests.

(G)

"Transitional housing" means rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, and in no case more than two (2) years, as defined in Section 50675.2 of the California Health and Safety Code. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

(H)

Travel Trailer. See Recreational Vehicle.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Uniform Building Code (UBC)" means the UBC in use by Mendocino County.

(B)

"Usable open space" means one (1) or more open areas adjacent to residential uses, the purpose of which is to provide an outdoor area designed for outdoor recreation.

(C)

"Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or which land or a building is or may be occupied or maintained.

(D)

Use, Accessory. See Accessory Use.

(E)

"Use classification" means a system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: Residential, Civic, Commercial, Industrial, Agricultural, and Extractive.

(F)

Use Group. See Use Classification.

(G)

"Use, nonconforming" means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this ordinance to it, no longer conforms to the specific regulations applicable to the zone in which it is located: Eligibility shall include one (1) of the following permits issued prior to March 24, 1982:

(1)

Prior Use Permit;

(2)

County Business License;

(3)

State Resale Permit.

(H)

"Use Permit" means a permit which may be granted by the appropriate Mendocino County authority to provide for the accommodation of land uses with special site or design requirements, operation characteristics, or potential adverse effects on surroundings, which are not permitted by right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.

(I)

Use Type. See Use Classification.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Variance" means a departure from the specific requirements, excluding uses, of the Zoning Code which may be granted by the appropriate Mendocino County authority when the literal enforcement of these requirements would result in practical difficulties, unnecessary hardship, or results inconsistent with the general purposes of this Division.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

Wall Sign. See Sign, Wall.

(B)

"Water Extraction for Bulk Sale" means extraction of water from a parcel, whether from a well, spring, watercourse or any other source of water, that is not done by a water district, where the water is sold for use on a different property than where it was extracted, including any transportation of water in containers including but not limited to bottles or tank trucks.

(C)

"Wireless communication facility" means structures and/or equipment, including antennas, antenna towers, equipment cabinets, buildings, generators, fencing, access roads and the land upon which they are situated, associated with wireless communications.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Yard" means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except as otherwise provided by this Division, on the lot on which a building is situated.

(B)

"Yard, front" means the yard between a front lot line or lines and the line defined by the required front yard setback extending to the side lot lines.

(C)

"Yard, rear" means the yard between a rear lot line or lines and the line defined by a required rear yard setback extending to the side lot lines.

(D)

"Yard, side" means the yard between a side lot line or lines and the line defined by a required side yard setback, extending from the front yard to the rear yard.

(E)

"Yard, side, exterior" means a side yard abutting a street.

(F)

"Yard, side, interior" means any side yard other than an exterior side yard.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)

(A)

"Zone" means an area to which a uniform set of regulations relating to use of the land and the size of and location of buildings on the land, in order to assure the health, safety and general welfare of the County applies.

(B)

"Zoning Administrator" means the Planning and Building Services Director or designated representative who shall have authority to render decisions on administrative permits.

(C)

"Zoning Map" means a map displaying zone district boundaries which is kept and maintained by the Planning and Building Services Department.

(Ord. No. 4538, § 2(Exh. A), 9-10-2024)