For the purpose of this title, unless the context otherwise requires, the following definitions shall be used in the interpretation of this title.

"Accessory buildings or structures" are functional, manmade features, enclosures, covers or buildings which are subordinate to the main building, the use of which is incidental to the permissible use of the main building on the same lot. Accessory structures shall include patio covers, potting sheds, storage sheds, workshops, pool equipment enclosures, swimming pools, patio decks 18 inches or greater above grade, stables, gazebos, detached residential second units above, below or within new or existing garages, detached garages, detached carports, and fences exceeding seven feet in height in required interior yards and fences exceeding four feet in height in required exterior yards, or within 15 feet of the street corner of a corner lot.

"Accessory use" means a use incidental and subordinate to the principal use.

"Adjusted floor area" is the square footage of a proposed project on the subject lot as calculated in Section 20.16.040(A)(1) with square footage disincentives for floor height over 14 feet and incentives to encourage appropriately proportioned garages and second units.

"Automobile service station" means an enterprise which provides all of the following:

"Basement" means a subterranean enclosed area that extends vertically no more than three feet on all sides of such enclosed area above the existing grade or finished grade, whichever is lower. The enclosed area is measured from the interior structural dimensions of the basement.

A "breezeway" is a roof extension or covered passageway that connects two or more otherwise unattached structure(s). Breezeways shall not be considered a part of the principal structure.

"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term building shall include mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) and placed on a foundation system, pursuant to Section 18551 of the Health and Safety Code.

"Building height" means the vertical distance from the natural grade to the highest point of the structure. Maximum height is measured from natural grade to an imaginary plane located the allowed number of feet above and parallel to the natural grade. Any structure built prior to the effective date of the ordinance codified herein shall be exempt from becoming nonconforming, with respect to height, by application of this section. Any proposed addition to an existing structure shall conform to the provisions of this section. See Section 20.90.030(A)(11) for measurement of overall height for an accessory dwelling unit.

"Main or principal building" means a building in which is conducted the main or principal use of the building site on which it is situated.

"Clustered or grouped single family housing development" means a residential development within which single family dwellings are situated more densely on certain portions of the property in order to have other portions free of buildings and within which the total number of dwelling units does not exceed the acreage divided by the minimum lot size set forth in Section 20.16.040.

"Collector" means any of a wide variety of devices used to collect the sun's energy for heating, electric generation, or to dissipate heat for natural cooking.

"Condominium" means an estate in real property, the nature of which is defined in Section 4125 of the Civil Code, and the duration of which is as set forth in Section 783 of the Civil Code.

"Condominium conversion" means the conversion of the ownership of the units in a residential housing project consisting of units that are or were previously occupied as rental units from a single ownership to an ownership in which the residential units may be sold individually, and may include, but is not limited to, the conversion of rental units into a condominium project (as defined in Section 20.59.020), a community apartment project (as defined in Section 11004 of the Business and Professions Code), or a stock cooperative (as defined in Section 11003.2 of the Business and Professions Code).

"Cottage development" means multiple small detached dwelling units on a single multi-family lot.

A "critical root zone" is the portion of the root system that is the minimum necessary to maintain vitality or stability of the tree. Encroachment or damage to the critical root zone will put the tree at risk of failure.

"Involuntary demolition" means demolition or damage to buildings, garages and/or accessory structures due to unanticipated or accidental events such as, but not limited to, fire, earthquake, mudslide, flooding, or collision. Involuntary demolition does not include deterioration by weathering and/or dry rot, or deterioration due to inadequate maintenance.

"Voluntary demolition" means removal or damage to buildings, garages and/or accessory structures due to acts of the property owner or his or her representative.

"Dwelling unit" means any building or buildings or portion thereof designed, intended or used as a separate dwelling accommodation and having its own kitchen. A building or buildings designed or intended to be a single family residence shall constitute one dwelling unit. Each separate apartment or unit of an apartment house, duplex, or other type of attached housing having its own kitchen facilities shall constitute a separate dwelling unit.

"Effective lot area" is the gross area of a lot minus any portion of the lot encumbered by recorded easement for trails, driveways, landscaping, parking or roadways.

"Emergency shelter," shall have the same meaning as defined by California Health and Safety Code Section 50801(e) and Government Section 65583, as amended from time to time.

"Employee Housing," shall mean housing that provides for five or more employees as defined in the California Employee Housing Act (including California Public Health and Safety Code Sections 17000 through 17062.5), as may be amended. Employee Housing is privately operated and does not include government-owned and -operated migrant worker facilities. Employee housing includes living quarters provided in connection with any work, whether or not rent is involved.

Pursuant to California Health and Safety Code Section 17021.5, Employee Housing that provides for six or fewer employees shall be deemed a single-family structure with a residential land use designation for the purposes of this title. For the purpose of all local ordinances, employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone. Use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy for purposes of California Health and Safety Code Part 1.5 (commencing with Section 17910) or local building codes.

"Existing structure" means an existing permitted or otherwise legal single family dwelling (including all fully enclosed areas such as a partial basement or an attached garage), multiple family dwelling, or other permitted accessory structure that can be safely converted into habitable space under building and fire codes.

"Family" means two or more persons living together as a single housekeeping unit. Family also means the residents and operators of a licensed residential facility as that term is defined in California Health and Safety Code Section 1502(a)(1).

"Floor area ratio" means the formula used to calculate the maximum amount of adjusted floor area allowed based on the effective area of the lot.

"Gasoline service station" means an enterprise which provides gasoline and motor oil dispensing services, but which is not an automobile service station as defined in Section 20.08.035.

"Existing grade" means either: (1) the ground level existing prior to the commencement of any new development, major remodel or minor remodel on the site; or (2) the extrapolated ground level that would have existed if not for a manmade improvement over such ground level. Existing grade or an extrapolated grade shall be established by a licensed land surveyor or registered civil engineer, unless an exception is granted by the Director of Planning and Building for a minor remodel.

"Finished grade" means the final ground level proposed for new development, major remodel or minor remodel. Finished grade also means the final ground level at the completion of new development, major remodel or minor remodel. Finished grade shall be shown on a property survey depicting accurate current conditions completed by a licensed land surveyor or registered civil engineer.

"Natural Grade." See definition for Existing grade.

"Gross floor area" means the total floor area within a building, as defined in Section 20.16.040(A)(1)(a). Measurements must be taken from the exterior faces of exterior walls.

"Household" means one person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.

"Housekeeping unit" means one person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.

"Kitchen" means a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A kitchen shall include all of the following: a sink with hot and cold running water; a range or stove-top and an oven; at a minimum, an apartment-sized refrigerator; and built-in dish and utensil storage spaces. In addition to the aforementioned improvements, a kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dish washer.

As defined in the California Health and Safety Code.

"Off-street loading space" means an open area, a minimum of 10 by 25 feet, other than a street or other public way used for the loading or unloading of goods, and located on the lot where the building or use which it serves is located.

"Lot" means land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as may be required under the provisions of this title having not less than the minimum area required by this title for a building site in the district in which such lot is situated, and having its principal frontage on a street. Any parcel of land which has been created in violation of any ordinance regulating the division of land or the creation of building parcels shall not be deemed a "lot" within the meaning of this title.

"Low barrier navigation center," shall have the same meaning as defined by Government Code Section 65660, as amended from time to time.

"Master streets and highways plan" means the section of the "Master Plan of the Mill Valley Community" which includes the streets and highways plan map and the select street system map.

A "mature tree" means any tree that is 36 inches in circumference (or more) (approximately 11.5 inches in diameter), measured at breast height (four and one-half feet above natural grade). The following trees shall not be classified as mature trees regardless of size:

"Mixed-use" means: (1) any building containing one or more dwelling units, and one or more nonresidential uses that are permitted or conditionally permitted under the applicable zoning district; or (2) a site on which residential and nonresidential uses permitted or conditionally permitted under the applicable zoning district are established in separate buildings. A site may include contiguous parcels.

Multiple family dwelling. See "Dwelling" Section 20.08.070(B) of this chapter.

"New development" means a proposed building, garage and/or accessory structure, if any, located on a lot which includes no structures or on a lot in which the existing buildings, garages and/or accessory structures have been either voluntarily or involuntarily demolished.

For purposes of this title, a "nonconforming building or structure" is defined as either of the following unless a variance or conditional use permit therefor has been obtained:

For the purposes of this title, a "nonconforming use" is defined as a lawful use of a building or land existing at the time of the adoption of this title or an amendment thereto which does not conform to the regulations for the zoning district in which it is located.

"Nursing home," also referred to as a rest home, convalescent home, skilled nursing facility, or intermediate care facility means a type of residential care for people who require continual nursing care and have significant difficulty coping with the required activities of daily living. Nursing aides and skilled nurses are usually available 24 hours a day.

"Official plan line" means a line set forth by legal description and delineated on a map, which has been officially adopted as a line across any property which establishes the future right-of-way width for a street.

"Owner" includes the beneficial owners of any trust, limited liability company, corporation or other legal entity that is the legal owner of the single-family dwelling unit or multiple family dwelling unit.

"Parking area or parking lot" (public or private) means an open area or lot, other than a street or other public way, used for the parking of vehicles and available whether for a fee, free, or as an accommodation for clients, customers, employees or the general public, and shall not include loading space, nor shall it include the area used to display or store vehicles for sale.

As required by Section 20.60.090, "off-street parking space and vehicle storage for motorized vehicles" shall mean the following:

"Parking space" means a space of at least nine by 20 feet located entirely off the street right-of-way and on the lot where the building or use which it serves is located.

"Major remodel" means structural modifications or additions made to a dwelling, which are greater than 50% of either: (1) the current square footage of such dwelling; or (2) the current exterior roof structure and exterior walls of such dwelling.

"Minor remodel" means modifications or additions made to a dwelling which are not considered to be a major remodel by definition.

"Long-term rental" means the rental of all or a portion of a dwelling unit for 30 days or greater of consecutive tenancy.

"Short-term rental" means the rental of all or a portion of a dwelling unit for less than 30 days consecutive tenancy.

"Residential facility," as defined by California Health and Safety Code Section 1502, means any family home, group care facility, or similar facility determined by the Director of the California Department of Social Services, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Small" residential facilities are those in which six or fewer persons live together, and pursuant to Health and Safety Code Section 1566.3, are required to be classified as a residential use for zoning purposes. "Large" residential facilities are those in which seven or more persons live together.

Residential second unit. See "Dwelling" Section 20.08.070(E) of this chapter.

"Roof surface" means the exterior surface of the roof, excluding accessory units such as those identified in Section 20.60.060.

Single room occupancy dwelling. See "Dwelling" Section 20.08.070(D) of this chapter.

"Solar access" means provision of needed sunlight for successful operation of solar systems.

"Solar easement" means the right of receiving sunlight across real property of another for any solar energy system.

"Solar energy system" means any solar collector, other solar energy device or any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, water heating or generation of electricity.

"Southroof" means the plane representing that portion of a roof which faces plus or minus 40 degrees to true south. In the case of flat roof surfaces, that portion of the roof used to support solar collectors or other solar devices for the collection, storage, or distribution of solar energy.

"Southwall" means the plan representing the wall of a structure which faces plus or minus 40 degrees of true south.

"Street" means a public right-of-way which affords a means of vehicular access to an abutting property adequate to permit the servicing of said abutting property by police, fire, and other emergency vehicles.

"Street grade" means the top of the established street grade in front of the property involved, measured at the center of such frontage.

"Supportive housing," as defined by California Health and Safety Code Section 50675.14(b)(2), means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is treated as a residential use for zoning purposes, subject only to restrictions that apply to other residential dwellings of the same type in the same zone.

A "swimming pool" shall be considered a structure.

"Target population," as defined by California Health and Safety Code Section 50675.14(b)(3), means persons, including persons with disabilities, and families who are "homeless," as that term is defined by 42 U.S.C. Section 11302, or who are "homeless youth," as that term is defined by Government Code Section 11139.3(e)(2). Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that term is defined by 42 U.S.C. Section 11302, when approved for tenancy in the supportive housing project in which they currently reside.

A "top floor" means a level or floor of a structure, or any portion thereof, which has nothing but a roof and/or undeveloped space (e.g., an undeveloped attic) above it. For the purposes of this definition, any enclosed but undeveloped volumes in an attic which are included in the adjusted floor area calculation in Section 20.16.040(A)(1)(a)(iii) will be considered developed space and also the top floor.

"Transitional housing," as defined by California Health and Safety Code Section 50675.2(h), means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation 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 assistance. Transitional housing is treated as a residential use for zoning purposes, subject only to restrictions that apply to other residential dwellings of the same type in the same zone.

"True south" means the direction of the south terrestrial pole.

A "usable outdoor living area" is an area or a series of areas on a lot of such shape or shapes that it or they can be efficiently utilized for recreation and outdoor living.

"Yard" means an open space, unoccupied and unobstructed from the ground upward, except by a fence not exceeding seven feet in height in required interior yards and four feet in height in required exterior yards or within 15 feet of the street corner of a corner lot, lying between the main bearing wall of any buildings or structures and the nearest property line or official plan line. The dimensions herein required with respect to exterior and interior yards shall be measured on a horizontal plane from the main bearing wall of the building or structure to the nearest point on the property line or official plan line.