Words, phrases and terms used in this Title in Section 10.01.020 shall be given the defined meaning.

A.

Words, phrases and terms not defined in Section 10.01.020, but defined in the Building Code of the City or in the California State Housing Act shall be construed as defined in such Codes or Acts.

B.

Words, phrases and terms neither defined in Section 10.01.020, nor in the Building Code of the City, nor in the California State Housing Act shall be given their usual and customary meanings except where the context clearly indicates a different meaning.

C.

The word "shall" is mandatory and not permissive; the word "may" is permissive and not mandatory.

D.

Words used in the singular include the plural and words used in the plural include the singular.

E.

Words used in the present tense include the future tense and words in the future tense include the present tense.

Specific terms:

A.

"Accessory building" means a subordinate building for other than dwelling purposes, the use of which is incidental to that of a main building on the same lot. (Example: garage, greenhouse, hobby shop, pool house, cabana.) To be considered an accessory building, the building must be separated from any other building by at least six (6) feet, measured from roof eave to roof eave.

B.

"Accessory use" means a use incidental and accessory to the principal use of a lot or building located on the same lot as the accessory use.

C.

"Alley" means any public thoroughfare, not exceeding thirty (30) feet in width for the use of pedestrians and/or of vehicles which affords only a secondary means of access to abutting property.

D.

Basement means any habitable space contained within the structure where the floor above does not exceed forty-eight (48) inches above the finished grade at any point along the perimeter of the building footprint. A basement cannot extend beyond the footprint of the floor above.

Daylight basement means any habitable space contained within the structure where a portion of the floor above does not exceed forty-eight (48) inches above the finished grade along the perimeter of the building footprint and a portion of the floor above exceeds forty-eight (48) inches above the finished grade along the perimeter of the building footprint.

E.

"Building" means any structure having a roof supported by columns and/or walls and intended for the shelter, housing and/or enclosure of any person, animal or chattels when any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any windows, door or other opening therein which wall extends from the ground to the upper surface of the roof at every point, then each portion shall be deemed to be a separate building. "Building size" refers to floor area as defined in this Section.

F.

Building height means the vertical distance measured from the natural grade or finished grade, whichever is lower, to the point of the structure above, except where a crawl space, basement or daylight basement exist. In areas where a crawl space, basement or daylight basement exist, building height shall be calculated from the average natural grade to the point of the structure above.

G.

"City" means the City of Monte Sereno.

H.

"City Council" means the City Council of the City of Monte Sereno.

I.

"Cluster development" means development as allowed in Section 10.05.050 of this Code.

J.

"Conservation zone" means portions of the City wherein the characteristics of the natural environment such as woodlands, riparian areas, and sloping terrain combine to create a unique natural resource. Within this zone, residential densities, structural intrusion and disturbance are to be minimized.

K.

"Coverage, structural" means the area, measured in a horizontal plane, covered by all buildings or other structures on a parcel of property or a lot, as the case may be, excluding features permitted to extend beyond the walls of the building or other structure, by any other provision of this Chapter. However, ground-mounted electrical equipment, ground-mounted mechanical equipment, ground-mounted plumbing equipment, ground-mounted solar installations, ground-mounted antennas or satellite dishes accessory to residential uses will not be included in structural coverage.

L.

"Coverage, impervious" means the area covered by all buildings or other structures; decks; driveways; patios; paved parking or storage areas; and swimming pools and spas whether constructed above or below grade, which are capable of holding water to a depth of two (2) feet or more on a parcel of property or a lot, as the case may be.

M.

"District" means any zoning district established in this Code.

N.

"Family" means one (1) or more persons occupying a single one-family dwelling and living together as a single nonprofit housekeeping unit, as distinguished from a group occupying a rooming or boarding house other than as permitted herein, or a hotel or club. A family shall be deemed to include necessary servants; a family shall not be deemed to consist of persons occupying a one-family dwelling and/or its permitted accessory buildings and living as two (2) or more nonprofit housekeeping units.

O.

"Fence" means a constructed barrier or screen composed of wood, metal, masonry, or any other construction material having sufficient structural strength to prevent casual entry and to avoid creation of an attractive nuisance.

P.

"Floor area" means the entire area of all floors, measured from the outer face of the exterior walls. Basements as defined in 10.01.020 D. for main dwellings shall not be counted in the floor area. Daylight basement as defined in 10.01.020 D. for main dwellings shall not be counted for the portion of the floor area where the floor above does not exceed forty-eight (48) inches above the finished grade along the perimeter of the building. Daylight basements areas where the floor above exceeds forty-eight (48) inches above the finished grade along the perimeter of the building shall be counted in the floor area.

The calculation of floor area includes but is not limited to exterior covered balconies, walkways, patios, and porches surrounded by a structure on three (3) or more sides. Floor area where ceiling height exceeds fifteen (15) feet above finished floor shall be counted twice. Staircases shall only be counted once in the calculation of floor area. Once any portion of the attic space meets or exceeds the minimum height for habitable space per the CBC (California Building Code), all areas down to five (5) feet shall be counted towards floor area.

Attic means a non-habitable space that may or may not be used for storage. For purposes of this definition, attic spaces are considered to have a floor surface regardless of whether it is finished or not.

Q.

"Front wall" means the wall of the building or other structure nearest the street upon which the building faces, but excluding certain architectural features as specified in Chapter 10.08 of this Code.

R.

"Street width line" means the officially adopted street line of an existing street for which widening is projected.

S.

"Habitable space" means structures used or potentially usable as living space distinct from accessory buildings or uses such as defined in subsection A. of this Section.

T.

"Home occupation" means a use for pleasure or profit customarily conducted entirely within a dwelling or its authorized accessory buildings, carried on exclusively and solely by the members of the household resident in the main dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the residential character thereof, and is compatible with the residential nature of the district. Uses including, but not limited to, the following shall not be deemed home occupations; clinics, hospitals, rest homes, barber shops, beauty parlors, boarding houses, animal hospitals, commercial kennels, or any use producing objectionable noises, odor, unsightliness or traffic.

U.

"Horticulture" means horticulture uses are limited to the tilling of the soil and the raising of flowers, trees, fruits, vegetables and ornamental plants. Horticultural products of the occupant's own soil and labor and incidental hired maintenance only may be sold at wholesale or retail by, and on the property of, the owner. The definition of horticulture and permitted sale of horticultural products shall not be deemed to permit the purchase elsewhere and/or transportation to the place of sale of products not grown at the place of sale.

V.

"Interim or urgency zoning" means zoning adopted as an emergency measure by ordinance, without public hearings, until such time as necessary studies and hearings can be completed.

W.

"Lot" means a parcel of land which under the terms of the Subdivision Map Act and local ordinances exists separately from all other land. A parcel of land which is merged with one (1) or more other parcels under the provisions of the Subdivision Map Act does not exist separately from other land. Merged parcels are a single lot.

X.

"Lot corner" means a lot situated at the intersection of two (2) or more streets, or bounded on two (2) or more adjacent sides by street lines.

Y.

"Lot, key" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street intersecting the street on which the corner lot fronts.

Z.

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

AA.

"Lot area" means the total horizontal area included within lot lines, including one-half the width, but not to exceed ten (10) feet, of any alley or portion thereof any such lot line. Rights-of-way and easements, other than alleys, for ingress and egress with benefit to more than one (1) parcel are not to be construed as part of the lot area.

AB.

"Lot coverage" means the total area of a lot covered by structures expressed as a ratio of the total area of said lot.

AC.

"Lot depth" means the average distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot.

AD.

"Lot frontage" means the dimension of a lot or portion of a lot, abutting a street, except that on a corner lot the lesser dimension abutting on a street shall be deemed the lot frontage.

AE.

"Lot lines" mean the lines bounding a lot as defined herein. In designating front, side or rear lot lines, ambiguous cases shall be determined by the City Council.

AF.

"Lot line, front" means the lot line that is along the frontage of said lot.

AG.

"Lot line, rear" means the lot line of a lot which is the lot line along the rear of said lot.

AH.

"Lot line, side" means any lot line which is neither a front lot nor a rear lot line.

AI.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear property lines.

AJ.

"Main building" means one (1) permanent building or structure in which is conducted the principal use of the lot upon which it is situated. In any "R" district one (1) dwelling shall be deemed to be a main building upon the lot upon which the same is situated.

AK.

"New construction" means:

1.

Any new building or structure exceeding one hundred twenty (120) square feet.

2.

Any addition and/or alteration to an existing building resulting in less than fifty percent (50%) of the length of existing exterior walls and where less than fifty percent (50%) of the existing roof area remains as determined by the Director.

AL.

"Nonconforming" means any building or use that does not conform to the regulations for the district in which it is situated, and which lawfully existed at the time of enactment of this Chapter.

AM.

"Official plan line" means the officially adopted street lines of a projected street.

AN.

"One-family dwelling" means a detached building designed for and/or occupied exclusively by one (1) family using in common all cooking facilities of the building and all occupiable portions of which building have interior access to all other occupiable portions. Interior access shall include covered breezeways, providing the roof thereof is an integral part of the dwelling. In addition to the primary kitchen facilities, there may be limited subordinate facilities for use of the family only.

AO.

"One ownership" means ownership of property (or possession thereof) under a contract to purchase or under a lease the term of which is not less than ten (10) years, by a person or persons, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby such property is under single or unified control. The term "owner" shall mean the person, firm, corporation or partnership exercising one (1) ownership as herein defined.

AP.

"Parking space" means a paved area usable by motor vehicles the inside dimensions of which shall be at least ten (10) feet by twenty (20) feet in size exclusive of areas used for driving or maneuvering and walls or supports of any enclosing structure.

AQ.

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

"Two-Family dwelling" means a building designed or occupied, or intended or arranged for occupancy, for residential purposes by two (2) families living independently of each other. This does not include attached accessory dwelling units.

"Three-Family dwelling" means a building designed or occupied, or intended or arranged for occupancy, for residential purposes by three (3) families living independently of each other. This does not include attached accessory dwelling units.

AR.

"Stable, private" means an accessory building where permitted domestic animals are kept for noncommercial purposes.

AS.

"Street" means a thoroughfare for public use, whether publicly or privately maintained, which affords the principal means of access to abutting property; "street" includes avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein.

AT.

"Street right-of-way line" means the boundary between a street right-of-way and the property.

AU.

"Structure" means anything constructed or erected that requires location on the ground or attachment to something having location on the ground. For purposes of this definition, a structure shall include any dwelling, building, second unit, garage, carport, tool house, guest house, green house, pool house, ground-mounted electrical equipment, ground-mounted mechanical equipment, ground-mounted plumbing equipment, ground-mounted solar installation, ground-mounted antenna or satellite dish, and tree house, but shall not include sport courts, sidewalks, patios, decks, pathways, paving, and other paved improvements installed at grade, such as outdoor stairs.

AV.

"Structural alterations" mean any change or addition in the supporting members of a building, such as bearing walls, columns, beams or girders.

AW.

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

AX.

"Yard, front" means a yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of the building.

AY.

"Yard, rear" means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.

AZ.

"Yard, side" means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

BA.

"Architectural element" means a design feature added to a structure which is of different material and shape than the structure serving an aesthetic rather than a useful purpose.

BB.

"Pedestrian arbor" means an arbor located above a pedestrian gate or entrance.

BC.

"Residential care homes" means facilities that provide care, services, or treatment in a community residential setting for adults, children, or adults and children and which are required by state law to be treated as single housekeeping units for zoning purposes. Residential care facilities shall be subject to all land use and property development regulations applicable to single-family dwellings.

BD.

"Transitional Housing" 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 some predetermined future point in time, which shall be no less than six (6) months (Cal Health and Safety Code § 50675.2). Transitional Housing facilities shall be subject to all land use and property development regulations applicable to underlying zoning district.

BE.

"Supportive Housing" means housing: (a) with no limit on length of stay; (b) 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; and (c) that is occupied by the following (as defined in subdivision (d) of Health and Safety Code Section 53260):

(1)

Adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people; or

(2)

Individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code), who include individuals with a disability that originated before the individual was eighteen (18) years old, but not including handicapping conditions that are solely physical in nature.

Supportive Housing facilities shall be subject to all land use and property development regulations applicable to underlying zoning district.

BF.

"Setback" is the minimum distance by which buildings, structures, and parking must be separated from any lot line.

1.

"Front setback" is measured from the front lot line.

2.

"Rear setback" is measured from the rear lot line.

3.

"Side setback" is measured from the side lot line(s).

4.

"Side corner setback" is measured from the side corner lot line.

BG.

"Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred (500) square feet in size and contained within a single-family residence, with a separate entrance. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, but shall include an efficiency kitchen that provides for a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

BH.

"Employee Housing" means any portion of any housing accommodation, or property upon which a housing accommodation is located, if both of the following factors exist: (1) The accommodations consists of living quarters or other housing accommodations, maintained in one (1) or more buildings or one (1) or more sites, and the premises are provided for employees by the employer; and (2) The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. The definition of employee housing is as otherwise defined by California Health and Safety Code § 17008 as it may be amended from time to time. Employee housing facilities shall be subject to all land use and property development regulations applicable to underlying zoning district.

(Ord. 145 § 2, 2005: Ord. 134 § 1, 2002; Ord. 124 §§ 1—3, 2000)

(Ord. No. NS-164, § 1, 4-7-2009; Ord. No. NS-178, §§ 1, 2, 7-19-2011; Ord. No. NS-181, §§ 1—3, 6-19-2012; Ord. No. NS-196, §§ 1—3, 6-16-2015; Ord. No. NS-209, § 1, 12-20-2016; Ord. No. NS-219, § 1, 8-6-2019; Ord. No. NS-222, §§ 2, 3, 2-18-2020; Ord. No. NS-234, §§ 1—3, 5-2-2023; Ord. No. NS-242, §§ 1, 10, 11, 14, 15, 12-3-2024)

Questions of interpretation regarding this Title shall be resolved by action of the City Council.