A.

Interpretation and Grammar. For the purpose of this Title, certain terms used in this Title are defined as follows: All words used in the present tense shall include the future tense; all words in the plural number shall include the singular; and all words in the singular number shall include the plural number, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "County" means the "County of Monterey, State of California"; The words "Board of Supervisors" means the "Board of Supervisors of the County of Monterey, State of California". The words "Planning Commission" mean the "County Planning Commission of the County of Monterey, State of California"; and the words "County boundary" mean "the boundary of the County of Monterey, State of California, or the boundary of any incorporated municipality within the County".

B.

Terms in Common Usage. Any term, word, or phrase not specifically defined in this Chapter shall be defined, firstly, in the light of the other Chapters of the Monterey County Code; secondly, state law, particularly the State Planning Act; thirdly, as defined in "Anderson on Zoning", latest edition; fourthly as defined in Webster's New International Dictionary of the American Language, latest edition and fifthly, any accepted dictionary of the English language.

"Affordable housing" means those residential projects, for rent or sale, which are intended for and restricted to households of very low, low and moderate income, which meet the following qualifications:

a.

A rental project for very low income households (income up to fifty (50) percent of Housing and Urban Development (HUD) median household income for Monterey County) where the unit has a monthly contract rent less than or equal to thirty (30) percent of fifty (50) percent of the HUD median household income adjusted for household size; or

b.

A rental project for low income households (income between fifty (50) percent and eighty (80) percent of Housing and Urban Development median household income for Monterey County) where the unit has a monthly contract rent less than or equal to thirty (30) percent of seventy (70) percent of the HUD median household income adjusted for household size; or

c.

A project for sale to low income households (income between fifty (50) percent and eighty (80) percent of Housing and Urban Development median household income for Monterey County) where the units are for sale to households with incomes not more than eighty (80) percent of the HUD median household income for Monterey County. The average price of the unit will be based on the affordability of such a unit to a four person household earning seventy (70) percent of the Monterey County median income as defined by HUD; or

d.

A project for sale to moderate income households (income between eighty (80) percent and one hundred twenty (120) percent of Housing and Urban Development median household income for Monterey County) where the units are for sale to households with incomes not more than one hundred twenty (120) percent of the HUD median household income for Monterey County. The average price of the unit will be based on the affordability of such a unit by a four person household earning one hundred (100) percent of the Monterey County median income as defined by HUD; or

e.

Any combination of the above.

(Ord. 3784, 1994)

"Agriculture" means the art or science of cultivating the ground; harvesting of crops; rearing and management of livestock; tillage; husbandry; farming; horticulture; and forestry science and art of the production of plants and animals useful to man; and wildlife management.

"Agricultural employee" means a person engaged in agriculture, including: farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, furbearing animals, or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.

(Ord. No. 5177, § 1, 5-24-2011)

"Agricultural employee housing" means any living quarters or accommodations of any type, including mobile homes, which comply with the building standards in the State Building Standards Code or an adopted local ordinance with equivalent minimum standards for building(s) used for human habitation, and buildings accessory thereto, where accommodations are provided by any person for individuals employed in farming or other agricultural activities, including such individuals' families. The agricultural employee housing is not required to be located on the same property where the agricultural employee is employed.

(Ord. No. 5177, § 2, 5-24-2011)

"Agricultural processing plant" means a structure, building, facility, area, open or enclosed, or any other location for the refinement, treatment, or conversion of agricultural products where a physical, chemical or similar change of an agricultural product occurs. Examples of agricultural processing include but are not limited to, coolers, dehydrators, cold storage houses, hulling operations, and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale or shipment in their natural form including all customarily incidental uses. Agricultural processing plants include wineries.

"Agricultural support service" means a necessary and accessory facility principally established to serve on site farming or ranching activities and which relies on the on site agriculture as its major means of support. Agricultural support facilities include but are not limited to coolers, cold storage, loading docks and shops.

"Airport" means a place, either on land or on water, where aircraft may land and take off and where additional space may be provided to discharge or receive cargoes and passengers, make repairs, or take in fuel.

"Alley" means a passage or way, public or private, open to public travel, affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

"All-weather road surface" means a drivable road having a weight bearing capability to support the loads of fire fighting equipment used or likely to be used by the local fire protection agency in all weather conditions.

"Structural alteration" means any change or rearrangement in the supporting members of an existing structure, such as bearing walls, columns, beams, girders, or interior bearing partitions, or any enlargement to or diminution of a structure, whether horizontally or vertically, or the moving of a structure from one location to another.

"Apartment" means a room, or suite of two or more rooms, occupying a portion of a structure and such room or rooms are designated for, intended for, or occupied by one family.

"Appropriate Authority" means that person, official, or body designated to hear, grant, deny, modify, condition, revoke or otherwise act on permits required by this Title.

"Automobile wrecking yard" means any structure, portion thereof, property, location, facility, or area used for the dismantling or wrecking of more than two motor vehicles or trailers, or the storage, sale or dumping of more than two dismantled, partially dismantled, obsolete or wrecked vehicles or their parts, but not including the incidental storage of vehicles in connection with the operation of a repair garage, providing the repair period of any one vehicle does not exceed sixty (60) days, and not including the active noncommercial repair of one personal motor vehicle within a one hundred twenty (120) day period and not including the storage, dismantling, wrecking and repair of vehicles or equipment accessory to on-site agricultural operations.

"Average lot depth" means the distance of a line extending from the midpoint of the front lot line to the midpoint of the rear lot line, with that line being equidistant from the side lot lines.

(Ord. 3784, 1994)

"Average lot width" means the quotient of the lot area divided by the average lot depth.

(Ord. 3784, 1994)

"Bed and breakfast facility" means an establishment providing overnight accommodations and a morning meal by people who rent rooms in their homes. Rent or rental fee can include any form of remuneration including cash, goods or services, barter, or forgiveness of debt.

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

"Building" means any structure built entirely of frame or a more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of any person, animal, or chattel, but not including any tent or trailer.

"Building site" means a parcel of land occupied or intended to be occupied by main structures and accessory structures and uses, including such open spaces as are provided or are intended to be used in connection therewith or are required by the regulations for the district wherein such parcel is located.

"Campground" means land or premises which is used, or intended to be used, let, or rented for transient occupancy by persons traveling by automobile or otherwise, or by transient persons using tents, recreational vehicles or similar quarters.

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

(Ord. No. 5270, § 2, 7-12-2016; Ord. No. 5292, § 2, 12-5-2017)

"Caretaker unit" means a permanent residence, secondary and accessory to an existing allowed use for persons employed on-site for purposes of care and protection of property, plants, animals, equipment, or other circumstances on site or on contiguous lots under the same ownership.

(Ord. No. 5177, § 3, 5-24-2011)

"Child care center" means a facility, other than a day care home, licensed by the State of California to provide non-medical care to children under eighteen (18) years of age in need of personal services, supervision or assistance on less than a twenty-four (24) hour basis.

"Chaparral" means an evergreen plant community of drought-adapted shrubs usually found on dry slopes and ridges.

"Coastal scrub" means a plant community related to the chaparral community in that it consists primarily of low-growing, woody shrubs.

"Commercial cannabis activity" means the cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale of cannabis or a cannabis product.

(Ord. No. 5270, § 3, 7-12-2016; Ord. No. 5292, § 3, 12-5-2017)

"Common public viewing area" means a public area such as a public street, road, designated vista point, or public park from which the general public ordinarily views the surrounding viewshed.

(Ord. 3784, 1994)

"Actual construction" means the placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavation or grading, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases diligent work shall be carried on until the completion of the building or structure.

(Ord. 3784, 1994)

"Convenience store" means a market with a floor area of less than five thousand (5,000) square feet, frequently located near residential development, which offers a limited variety of food, household sundry items and which is operated primarily for the convenience of the walk-in shopper or persons purchasing a few items.

"Cottage food operation" means an enterprise that is registered or permitted by the Monterey County Environmental Health Bureau and is conducted within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code Section 113758, resides and where cottage food products, as defined by California Health and Safety Code Section 113758, are prepared and packaged for direct, indirect, or direct and indirect sale to consumers.

(Ord. No. 5217, § 2, 6-11-2013)

"Cottage industry" means a business in a residential area conducted primarily by the residents of the property manufacturing artistic, handicraft and other craft items.

"Country club" means any premises, structures or facilities used for meetings, dining, dancing, other social events, or recreational activities for club members and guests.

"County scenic route" means a segment of County roadway that has been officially designated a scenic route by the Director of the California Department of Transportation.

"Coverage" means any area covered by a structure, structures or structure protrusions including decks twenty-four (24) inches or more above grade but not including building eaves of thirty (30) inches or less and similar non-usable areas, paved driveways, sidewalks, paths, patios and decks less than twenty-four (24) inches above grade.

"Day care center" means any child day care facility other than a family day care home and includes infant centers, preschools and extended day care facilities.

"Large family day care home" means a home licensed as such by the State of California to provide day care for seven to twelve (12) children, inclusive of the children who reside at the home.

"Small family day care home" means a home licensed as such by the State of California to provide day care for one to six children, inclusive of the children who reside at the home.

"Density" means the measure of the ratio of population to the area of land occupied by that population, which may be expressed as dwelling units per acre, families per acre, persons per acre, or conversely as acres per dwelling unit or square feet per dwelling unit.

"Gross density" means the ratio of dwelling units per acre utilizing the full acreage of the parcel without subtracting dedicated to public or private roads, schools, parks, or similar public use and open space areas or hazard areas.

"Development" means any activity which occurs on land or water that involves the placement of any structure, the discharge or disposal of any waste material, grading, dredging or mineral extraction. This definition includes any change in density and/or intensity of use including the subdivision of land, construction of any structure, and the harvesting of major vegetation other than for agricultural purposes.

"Development rights" means the rights, along with others such as mineral rights and water rights, that are commonly associated with real property ownership. Development rights, subject to local, state, and federal regulations, provide the legal basis for property development.

"Development standard" means the regulations contained within each zoning district or other sections of this Title setting forth minimum requirements or specifications and maximum allowances for development which must be met by all applicants for zoning clearances.

(Ord. 3784, 1994)

"Director of Planning" means the Director of the Planning Department of the County of Monterey.

(Ord. No. 5135, § 93, 7-7-2009)

Editor's note— Ord. No. 5135, § 93, adopted July 7, 2009, changed the title of Section 21.06.350 from "Director of Planning and Building Inspection" to "Director of Planning."

"Dwelling" means a structure or portion thereof designed for or occupied exclusively for non-transient residential purposes including one family and multiple family dwellings, but not including hotels, motels, boarding or lodging houses or other transient occupancy facilities.

"Dwelling unit" means a dwelling or portion thereof used by one family and containing only one kitchen.

"Accessory dwelling unit" ("ADU") means an attached or detached residential dwelling unit which meets all of the following requirements: does not exceed one thousand two hundred (1,200) square feet; is located on a lot with a proposed or existing primary dwelling; provides complete independent living facilities for one or more persons; and includes permanent provision for living, sleeping, eating, cooking, and sanitation on the same parcel as the proposed or existing single family dwelling or multiple family dwelling is situated. The term "Accessory Dwelling Unit" also includes but is not limited to the following: an efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code; and a manufactured home, as defined in Section 18007 of the California Health and Safety Code. The term "manufactured home" includes "tiny home" if the tiny home meets the requirements of Section 18007 of the California Health and Safety Code.

(Ord. No. 5177, § 4, 5-24-2011; Ord. No. 5341, § 4, 9-15-2020)

"Junior accessory dwelling unit" ("JADU") means a unit that is created fully within the walls of a proposed or existing single-family dwelling and that is no more than five hundred (500) square feet.

(Ord. No. 5341, § 5, 9-15-2020)

"Manufactured dwelling unit" means a dwelling structure, constructed in part or in whole off the building site, including a mobile home meeting the standards of the National Manufactured Housing and Construction Safety Act of 1976, and subsequently transported to the site and installed on a permanent foundation. A manufactured dwelling unit does not include a mobile accessory building or structure, a recreational vehicle or a commercial coach.

(Ord. 3784, 1994)

"Duplex dwelling" means a detached structure, under one roof, designed for or occupied exclusively by two families living independently of each other, and each dwelling unit having its own kitchen.

"Dwelling group" means a group of two or more attached or detached one-family, duplex, or multiple-family dwellings occupying a parcel of land under one ownership and having a yard in common.

"Multiple family dwelling" means a structure or portion thereof used to house three or more families, living independently of each other, and each unit having its own kitchen.

"Single family dwelling" means a detached structure, including a mobilehome or manufactured dwelling unit, containing only one kitchen and used to house not more than one family.

"Emergency" means a situation arising from fire, explosion, act of God or act of public enemy which, if not corrected immediately, will potentially result in the loss of life, property or substantial environmental resources.

(Ord. 3784, 1994)

"Employee" means the same as "employee" as defined in Section 17005 of the California Health and Safety Code, as may be periodically amended.

(Ord. No. 5177, § 5, 5-24-2011)

"Employee housing" means the same as "employee housing" as defined in Section 17008 of the California Health and Safety Code, as may be periodically amended.

(Ord. No. 5177, § 6, 5-24-2011)

"Enforcing officer" means the person, office or department designated by State law or the Board of Supervisors to enforce the provision of this Title. Enforcing officer includes any County officer, employee or agent to whom enforcement powers have been lawfully delegated by a designated enforcement officer.

"Environmentally sensitive habitat" means an area known or believed, based on substantial evidence, to contain rare or endangered species.

"Family" means one or more non-transient, related or unrelated persons living together in a dwelling unit.

(Ord. No. 5177, § 7, 5-24-2011)

"Farmworker" means the same as "agricultural employee" as defined in this chapter.

(Ord. No. 5177, § 8, 5-24-2011)

Editor's note— Ord. No. 5177, § 9, adopted May 24, 2011, repealed the former Section 21.06.460 in its entirety, which pertained to farm employee family housing, and derived from original codification.

Editor's note— Ord. No. 5177, § 10, adopted May 24, 2011, repealed the former Section 21.06.470 in its entirety, which pertained to farm employee housing facility, and derived from Ord. No. 3784, adopted in 1994.

Editor's note— Ord. No. 5177, § 11, adopted May 24, 2011, repealed the former Section 21.06.480 in its entirety, which pertained to farm worker housing facility, and derived from Ord. No. 3784, adopted in 1994.

"Farm shop" means a structure used for the maintenance, repair and/or fabrication of farm equipment by the owner and/or operation of the farm.

"Fault" means a fracture in the earth's crust along which there has been displacement of land masses relative to one another.

"Active fault" means a fault along which there has been displacement during the last eleven thousand (11,000) years.

"Inactive fault" means a fault along which there has been no major displacement for more than three million (3,000,000) years.

"Potentially active fault" means a fault along which the most recent major displacement occurred between eleven thousand (11,000) and three million (3,000,000) years ago.

"Fault trace" means the intersection of a fault with the earth's surface.

"Fault zone" means a zone consisting of interconnected, closely spaced faults and fault traces.

"Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technical factors.

"Front wall" means the wall of the structure nearest the street or streets upon which the structure faces, but excluding certain architectural features as specified in Chapter 21.62 (Height and Setback Exceptions) of this Title.

"Private garage" means an enclosed, attached or detached accessory structure intended primarily for the storage of private motor vehicles.

"Public garage" means any structure and premises, except a private or storage garage, used for the storage, repair or storage and repair of motor vehicles for remuneration, hire, or sale.

"Storage garage" means any structure and premises, except a private garage, used exclusively for the storage of motor vehicles.

"Golf course" means any of the following:

A.

"Practice fairway golf course" means a practice and instructional facility for golf purposes.

B.

"Regulation golf course" means a golf course whose minimum total length for nine holes is three thousand (3,000) yards and for eighteen (18) holes is six thousand (6,000) yards.

C.

"Short golf course" means a golf course whose minimum total length is five thousand (5,000) yards, with some holes over two hundred fifty (250) yards.

D.

Three-par golf course" means a golf course in which the longest hole does not exceed two hundred fifty (250) yards.

"Guesthouse" means an attached or detached living quarters of a permanent type of construction lacking internal circulation with the main dwelling, without kitchen or cooking facilities, clearly subordinate and incidental to the main structure, on the same lot, and not to be separately rented, let, or leased, whether compensation is provided or not.

(Ord. No. 5422, § 2, 8-27-2024)

"Height of structure" means the vertical distance from the average level of the highest and lowest point of the natural grade of that portion of the building site covered by the structure, to the topmost point of the structure, but excluding certain feat as specified in Chapter 21.62 (Height and Setback Exceptions) of this Title.

"Commercial hog ranch" means any premises on which hogs are raised or maintained and said hogs are fed by the purchase or import of swill, garbage, vegetables, or fruit.

"Homeless shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less. "Homeless shelter" has the same meaning as "emergency shelter" as defined in Section 50801 (e) of the California Health and Safety Code, as may be periodically amended.

(Ord. No. 5177, § 12, 5-24-2011)

"Home occupation" means a business conducted in a residential area conducted by the residents of the property. "Home occupation" includes a cottage food operation, as defined in Section 21.06.215. The main product of a home occupation is a service rather than goods, except in the case of a cottage food operation.

(Ord. No. 5217, § 3, 6-11-2013)

"Horizontal Mix" means, on an individual lot, a mix of uses designed to incorporate pedestrian oriented uses along the front of a lot with other uses at the rear of a lot or, within a proposed subdivision, a lot design that incorporates residential and non-residential uses on individual lots in a block or street pattern.

(Ord. No. 5334, § 2, 7-7-2020)

"Hotel" means any structure or portion thereof containing guestrooms used, designed, or intended to be used, let, or hired out or to be occupied, whether the compensation for hire is paid directly or indirectly, and occupied or intended to be occupied by more than two persons.

"Resort hotel" means a hotel and accessory recreational components as well as service uses designed primarily for the convenience of guests and containing guestrooms with a maximum density of ten (10) guestrooms per acre and with a minimum of ten (10) percent of the total area maintained for landscaping.

"Hunting and fishing facility" means any structure or physical improvement related to the hunting and fishing use offered for the purpose of hunting, fishing or hunting and fishing for compensation, whether compensation be direct or indirect. Hunting and fishing facilities do not include hunting and fishing by the owner and non-paying guests of the owner.

"Internal circulation" means a structural connection between two portions of a structure designed to provide for circulation between habitable portions of a structure without circulation out of doors or through non-habitable areas such as a garage, or through areas not normally utilized for interior circulation such as laundry rooms, bathrooms, and mechanical rooms.

"Junk yard" means the use of more than two hundred (200) square feet of the area of any lot used for the storage of junk, including scrap metals or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery; but not including the dismantling, storage, wrecking and repair of vehicles or equipment accessory to on-site agricultural operations.

"Commercial kennel" means any property or premises in which more than eight dogs, six months of age or older, or other household pets, are kept for commercial reasons which include, but are not limited to, letting for hire, training for fee, sale and any other commercial purpose; but not including a veterinary hospital, premises operated by the Society for the Prevention of Cruelty to Animals (SPCA), any public pound or the County animal shelter.

"Kitchen" means an area capable of being used for the preparation or cooking of food containing both a stove or other device for cooking and a refrigerator or other device for the cool storage of food.

"Labor supply camp" means place, area or piece of land where housing is provided for five or more employees or prospective employees of another by any individual, firm, partnership, association, or corporation, that for a fee, employs persons to render personal services for, or under the direction of, a third person, or that recruits, solicits, supplies, or hires persons on behalf of an employer, and that, for a fee, provides in connection therewith one or more of the following services:

a.

Furnishes board, lodging, or transportation for such employees or prospective employees.

b.

Supervises, times, checks, counts, weights, or otherwise directs or measures the work of such employees.

c.

Disburses wage payments to such employees.

"Liquefaction" means the loss of soil strength due to seismic forces acting on water-saturated granular soil.

"Livestock feed yard" means any premises on which livestock is held or maintained for the purpose of feeding and fattening for market and where sixty (60) percent or more of the food for such livestock is imported or purchased.

"Lot" means a unit of land which has been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto or was created prior to the time any local or state law regulating divisions of land or which were not subject to any local or state regulation of the time of its creation. In the Coastal Zone, an "existing parcel" means a separate legal parcel recorded as of December 31, 1976, or later if approved under a coastal development permit. Existing parcels do not include parcels recorded without benefit of coastal development permit where such permit was required by law prior to 1977. Parcels crossed by public road or highway rights-of-way will not be considered to have been "subdivided" by such a road or highway. Except where a legal determination by the County (or by the Coastal Commission on appeal of a permit application) concludes otherwise for a particular ownership, contiguous lots conveyed by U.S. patent or aggregated under a single ownership will be considered as a single parcel for Subdivision Map Act purposes.

"Key lot" 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 which intersects or intercepts the street upon which the corner lot fronts.

Editor's note— Ord. No. 5292, § 4, adopted Dec. 5, 2017, repealed § 21.06.775, which pertained to medical cannabis and derived from Ord. No. 5270, § 4, 7-12-2016.

"Mobile home" means a vehicle designed and equipped for human habitation.

"Former mobilehome" means a mobilehome attached to a permanent foundation and modified to meet applicable building code and land use requirements as a residential structure.

"Mobilehome park" means a parcel of land under one ownership which has been planned and improved for the placement of two or more mobilehomes for rental purposes for non-transient use.

"Motel" means a building, structures, accessory facilities and premises with guestrooms or apartments with parking areas provided to serve such guestrooms or apartments and the use of which is designed and used primarily for the accommodation of transient travelers.

"Nuisance" means and includes every public or private act or condition known or described in the common law as a public nuisance and any other public or private act or condition which is or may be declared to be a public nuisance under the laws of the State of California or by county ordinance.

"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" means the person, firm, corporation or partnership exercising one ownership as defined in this Section.

"Open space" means any open land or other spaces which are predominantly lacking in structural development. Open space includes natural areas, wetlands and open water, wildlife habitats, farmlands and grazing areas, and park recreation areas. The term "open space" does not imply public access or ownership.

"Outdoor advertising structure" means any structure of any kind or character, erected or maintained for outdoor advertising sign purposes.

"Overspeed control" means a mechanism used to limit the speed of blade rotation to below the design limits of a wind energy conversion system.

"Person" means any individual, corporation, partnership, firm, business, or similar entity, public or private agency, municipality, city, State or Federal agency.

(Ord. 3784, 1994)

"Pets" mean commonly domesticated household animals.

"Planned unit development" means a common interest development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

a.

Any contiguous or noncontiguous lots, parcels, or areas in which owners of separately owned lots, parcels, or areas are owners in common, possessing appurtenant rights to the beneficial use and enjoyment of the commonly owned property.

b.

A power exists in the association to enforce an obligation of an owner of a separately owned lot, parcel, or area with respect to the beneficial use and enjoyment by means of an assessment which may become a lien upon the separately owned lot, parcel, or area in accordance with Government Code Section 1367.

(Ord. 3784, 1994)

"Poultry farm" means the raising, keeping or raising and keeping of, in the aggregate, more than five hundred (500) chickens, turkeys, ducks, geese, pigeons, pheasants, peafowl, guinea fowl or other fowl.

"Professional office" means an establishment for professional, executive and administrative offices, including those of accountants, lawyers, doctors, dentists, architects, engineers, drafting offices, insurance agents, real estate agents, and other occupations which are of similar character to those enumerated not including barbers, beauty parlors, cosmetologists, or service establishments and structure trades contractors.

"Public utility" means a company regulated by the California Public Utilities Commission or other regulatory body including the County of Monterey.

"Public utility facilities" mean facilities for the production, storage, transmission, distribution, and recovery of water, sewage, energy, and other similar utilities.

"Rare and endangered species" means a plant or animal species identified by the California Department of Fish and Game, or the United States Fish and Wildlife Service, as rare, endangered, or threatened.

"Reasonable accommodation" means providing flexibility in the application of this Title including the modification or waiver of certain requirements, when such modification or waiver is necessary to eliminate barriers to housing opportunities for individuals with disabilities.

(Ord. No. 5177, § 13, 5-24-2011)

"Recreational vehicle" means a vehicle designed and used for temporary human habitation and with its wheels in place, and primarily used for recreational purposes.

"Large residential care facility" means a living facility for seven (7) to twelve (12) residents, excluding operators, licensed by the State of California, which provides 24-hour residential care and varying levels and intensities of medical or non-medical care, supervision, services or assistance to persons living in a residential setting.

(Ord. No. 5177, § 14, 5-24-2011)

"Small residential care facility" means a living facility for up to six (6) residents, excluding operators, licensed by the State of California which provides 24-hour residential care and varying levels and intensities of medical or non-medical care, supervision, services or assistance to people living in a residential setting.

(Ord. No. 5177, § 15, 5-24-2011)

"Residential district" means any property designated as a residential zone in the County, including any residential zones within a city in the County, and including the entire street right-of-way on or immediately adjacent to such residential zones.

(Ord. 3989, 1998)

"Rest home" means a place used for the rooming or boarding of any aged or convalescent persons, whether ambulatory or nonambulatory, for which a license is required by a county, or federal agency.

"Ridgeline development" means development on the crest of a hill which has the potential to create a silhouette or other substantially adverse impact when viewed from a common public viewing area.

"Right-of-way" means a strip of land either public or private commonly allocated for transportation purposes, such as a public or private road, a railroad, or a utility transmission line.

"Riparian habitat" means a natural plant community dependent upon a water body or water course.

"Riparian woodland" means a plant community with lush growths of trees and shrubs, supported by wet conditions along seasonally and permanently flowing fresh water streams and rivers.

"Rooming or boarding" means shared living quarters, with or without separate kitchen and bathroom facilities for each room or unit, intended to meet short-term shelter and/or other immediate housing needs for not more than two persons for the purpose of work, school, research, medical care, or employment that requires a person's physical presence in Monterey County, or other similar non recreational activity. Rooming or boarding does not include residential care facilities, day care homes, family day care centers, convalescent hospitals, hotels, motels, bed and breakfast facilities, inns, vacation rentals, labor camps, or single-occupancy housing.

(Ord. No. 5422, § 3, 8-27-2024)

"Roominghouse or boardinghouse" means shared living quarters, with or without separate kitchen and bathroom facilities for each room or unit, intended to meet short-term shelter and/or other immediate housing needs for three or more persons for the purpose of work, school, research, medical care, or employment that requires a person's physical presence in the County, or other similar non recreational activity. Roominghouse or boardinghouse does not include residential care facilities, day care homes, family day care centers, convalescent hospitals, hotels, motels, bed and breakfast facilities, inns, vacation rentals, labor camps, or single-occupancy housing.

(Ord. 3784, 1994)

(Ord. No. 5422, § 4, 8-27-2024)

Editor's note— Ord. No. 5177, § 16, adopted May 24, 2011, repealed the former Section 21.06.1000 in its entirety, which pertained to senior citizen units and derived from original codification.

"Service center" means a facility which provides storage, fueling, parking, offices, equipment, materials and similar services for persons engaged in the construction, maintenance and repair trades, but not including facilities the chief business of which is the provision of on-site retail sales.

(Ord. 3784, 1994)

"Service connection" means a connection to any habitable structure, except a guesthouse, which uses potable water from a water system for domestic and not agricultural purposes.

"Setback" means a minimum distance required by this Title to be maintained between structures or between structures and property lines.

"Front setback" means a setback from the edge of a private or public road right-of-way or adopted Official Plan Line to the nearest point of a structure.

"Setback line" means the line formed on a lot by the measurement of required front, side, or rear setback areas required by this Title.

"Rear setback" means a setback measured between the rear property line of the lot and the nearest point of the structure.

"Side setback" means a setback between the side property line of the lot and the nearest line of a structure and extending between the required front and rear setbacks.

"Sign" means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, or otherwise fastened, affixed or made visible for out-of-door advertising purposes in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever.

"Appurtenant sign" means a sign relating only to the sale of goods or rendering of services upon the building site on which said sign is erected or maintained.

"Directional and informational sign" means any sign which is confined to the giving of directions to a community or population center, or which, in addition to such directions, also gives general information as to the services, products, or facilities available therein, without, however, naming or otherwise identifying any particular establishment, purveyor of goods or services or brand or manufacturer of products.

"Directory sign" means an on-site sign providing a listing of and directions to the particular uses, structures, or occupants of a building or complex.

"Outdoor advertising sign" means any sign other than an appurtenant sign, a directional and informational sign or a directory sign.

"Single room occupancy (SRO) facility" means a residential facility containing rooms for sleeping purposes, for one or two (2) people, where the room is smaller than normally found in multiple family dwelling units, the room is occupied as a primary residence, and the room is provided for a fixed period of time in exchange for an agreed payment of a fixed amount of money or other compensation based on the period of occupancy.

(Ord. No. 5177, § 17, 5-24-2011)

"Small livestock farming" means the raising or keeping of small animals which may include the following: chickens, pigeons, hogs, rabbits, ducks, geese, guinea fowl, peafowl, goats, sheep, or similar fowl or animals.

"Slope" means the natural or artificial incline of ground, with the degree of incline numerically expressed as "percent slope," calculated as the vertical rise divided by the horizontal run.

"Sphere of influence" means a plan for the probable twenty (20) year physical boundaries and service areas for cities, special districts, or similar entities.

See Construction, start of.

"State Scenic Highway" means a segment of a state highway that has been officially designated by the Director of the California Department of Transportation as part of the State Scenic Highway System.

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

"Private street" means an avenue, place, way, drive, lane, boulevard, highway, or road not owned or maintained by a state, county or incorporated city, or other public agency.

"Public street" means an avenue, place, way, drive lane, boulevard, highway or road, but not an alley, owned by or maintained by a state, county, or incorporated city, or other public agency.

"Structural connection" means a connection between structures by" means of structural members such as bearing walls, columns, beams, girders, or roof.

"Structural wall" means any bearing wall of a structure.

"Structure" means anything constructed or erected, except fences under six feet in height, the use of which requires location on the ground or attachment to something having location on the ground, but not including any or tent.

"Accessory structure" means a subordinate structure, the use of which is incidental to that of a main structure on the same building site.

(Ord. No. 5177, § 18, 5-24-2011; Ord. 3784, 1994)

"Attached structure" means any structure which is connected to any other structure by" means of a structural connection, such as a roof, stairway, atrium, breezeway or other structural connection.

"Detached structure" means any structure not structurally attached to any other structure on the same lot.

"Legal nonconforming structure" means a structure or portion thereof, which does not conform to the height, setback or, coverage regulations of the district in which it is situated.

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

"Substantial adverse visual impact" means a visual impact which, considering the condition of the existing viewshed, the proximity and duration of view when observed with normal unaided vision, causes an existing visual experience to be materially degraded.

(Ord. 3784, 1994)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the "target population" (as "target population" is defined in this chapter), 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.

(Ord. No. 5177, § 19, 5-24-2011)

"Target population" means persons with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (California Welfare and Institutions Code, section 4500 et seq.) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

(Ord. No. 5177, § 20, 5-24-2011)

"Timeshare project" means a development in which a purchaser receives the right in perpetuity, for life, or for term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided. The definition of time share project includes a timeshare estate and a timeshare use.

"Timeshare estate" means a right of occupancy in a timeshare project which is coupled with an estate in the real property.

"Timeshare use" means a license or contractual or membership right of occupancy in a timeshare project which is not coupled with an estate in the real property.

"Transient" means temporary, limited duration to a period of thirty (30) consecutive calendar days or fewer.

(Ord. No. 5177, § 21, 5-24-2011; Ord. No. 5422, § 5, 8-27-2024)

"Transient occupancy" means occupying for consideration a structure designed, intended or used for temporary dwelling, lodging or sleeping purposes by non-family members; any commercial use of a structure or portion thereof which subjects the owner or occupant to the Uniform Transient Occupancy Tax Ordinance of Monterey County.

"Transitional housing" and "transitional housing development" mean 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. (Reference: California Health and Safety Code section 50675.2.)

(Ord. No. 5177, § 22, 5-24-2011)

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

"Accessory use" means a use accessory to and customarily a part of the permitted use, clearly incidental and secondary to the permitted use and which does not change the character of the permitted use.

"Legal nonconforming use" means the use of a structure or land which does not conform to the regulations including density for the district in which it is situated, although the use lawfully existed at the time of the adoption of the ordinance creating the district.

"Vertical Mix" means a development with residential uses above non-residential uses where non-residential uses on the ground floor are oriented to promote walkability along a block or road segment.

(Ord. No. 5334, § 3, 7-7-2020)

"Wetlands" means the area and the plant communities that include fresh and salt water marshes, generally found in areas of shallow, standing or sluggishly moving water.

"Wild animal" means any animal which is wild by nature and not customarily domesticated in the State of California.

"Commercial wind energy conversion systems" means a wind driven machine that converts wind energy into electrical power for the primary purpose of resale or off-site use.

"Noncommercial wind energy conversion systems" means a wind driven machine that converts wind energy into electrical power for primary purpose of on-site use and not for resale.

"Total height" means the highest vertical point on the wind energy conversion system, including the rotor blade tips, measured from the tower base.

"Winery" means an agricultural processing plant used for the commercial purpose of processing grapes, other fruit products or vegetables, to produce wine or similar spirits. Processing includes wholesale sales, crushing, fermenting, blending, aging, storage, bottling, administrative office functions for the winery and warehousing. Retail sales and tasting facilities of wine and related promotional items may be permitted as part of the winery operations.