This chapter provides definitions of terms and phrases used in the zoning code that are technical or specialized, or which may not reflect common usage. If any of the definitions in this chapter conflict with others in the municipal code, these definitions shall control for only the provisions of this zoning code. If a word is not defined in this chapter or in other chapters of the zoning code, the community development director shall determine the appropriate definition.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

"A" Terms.

1.

Abutting. Land having a common property line or district line, or separated only by a private street, alley, or easement.

2.

Accessory Structure. A structure subordinate to the principal structure on the same lot.

3.

Adventure Sports Facility. Facility offering or supporting recreational activities perceived as involving a high degree of risk.

4.

Agent of Owner. Any person with written authorization to act on behalf of the property owner.

5.

Agriculture. The use of the land for "crop production" and/or "animal raising and production."

6.

Alley. A public or private way not more than thirty feet wide, providing only secondary means of access to abutting property.

7.

Alteration. A change any of the supporting members of buildings, such as bearing walls, columns, beams or girders.

8.

Ancillary Use. A use subordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use.

9.

Attic. The space within a building between the ceiling beams at the top story and the roof rafters

B.

"B" Terms.

1.

Balcony. An unroofed platform, without stairs, that projects from the wall of a building that is surrounded by a railing or balustrade and does not require separate understructure for support, with access from an upper-floor window or door.

2.

Basement. A story whose floor is more than twelve inches, but not more than one-half of its story height, below the average level of the adjoining ground (as distinguished from a "cellar," which is a story more than one-half below such level). See Figure 18.128-1.

Figure 18.128-1: Basement Definition

3.

Building. Any structure having a solid roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side-yard requirements in the applicable district.

4.

Building Coverage. The ratio of all principal and accessory buildings on a lot to the total lot area.

5.

Building Envelope. The volume of space for the principal building as defined by the minimum setbacks and the maximum allowable building height in the applicable district. See Figure 18.128-2.

Figure 18.128-2: Building Envelope Definition

6.

Building, Height. The vertical distance from the average contact ground level at the front wall of the building to the highest point of the building. See Figure 18.128-3.

Figure 18.128-3: Building Height

C.

"C" Terms.

1.

California Room. A room or space in a building where one or more sides is open and exposed (without a wall or windows) to adjacent outdoor space.

2.

Ceiling Height. The clear vertical distance from the finished floor to the finished ceiling. If the ceiling is unfinished, the ceiling height is the distance from the floor to the lowest projecting beams, joists, or truss work.

3.

Cessation of Use. The discontinuation of a use, either temporarily or permanently, whether with the intent to abandon such use or not.

4.

City Geologist. A registered professional geologist certified by the state of California in the specialty of engineering geology (C.E.G.) who is either a city staff member or a consultant retained by the city.

5.

Clear Triangle. A triangular area bounded by the street right-of-way lines of a corner lot and a line joining points along said street lines twenty feet from the point of intersection.

6.

Commercial. Any activity on or use of land which involves the buying, selling, processing or improving of things not produced on the land, and having financial gain as the primary aim of the activity or use, whether or not such activity or use is for hire or on account of the buyer, seller, processor or improver.

7.

Conditional Use. A use that requires approval of a conditional use permit or an administrative use permit.

8.

Condominium. Individual ownership of a dwelling unit within a multiple-unit structure exclusive of the land underlying such structure.

9.

Condominium Development. A structure and appurtenant premises divided in ownership by the existence of the condominiums as defined in Section 783 of the California Civil Code. Includes instances where ownership is divided following prior single ownership of the entire structure and premises, as well as new structures divided in ownership.

D.

"D" Terms.

1.

Deck. An unroofed platform, either freestanding or attached to a building accessible by a door, with or without stairs, that is supported by piers, pillars, or posts.

2.

Dock-High-Door. An opening to the outside of a building used to interface with trucks for the loading and/or unloading of goods, products, merchandise or wares of any type and where the bottom of the opening is not at ground level but rather elevated by twenty four inches or more.

3.

Dock-High-Door-to-Square-Foot Ratio. The ratio of the total number of Dock-High-Doors that a building has to the total square feet of building floor area.

4.

Driveway. A permanently surfaced area on a lot designed and required to provide direct access for vehicles between a street and a private garage, carport or other parking space, parking area, or loading area.

5.

Driveway Aisle, Major. A driveway providing principal access to the parking area or the driveway providing principal circulation throughout the parking areas or premises.

6.

Driveway Apron. A paved area providing principal access from a drive aisle or street right-of-way to a garage or other covered parking space.

7.

Dwelling. A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Excludes tents, cabins, trailers and trailer coaches.

8.

Dwelling Unit. A room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by one family on a non-transient (less than thirty day stay) basis and having not more than one kitchen.

9.

Density. The number of dwelling units permitted per net lot area.

E.

"E" Terms

F.

"F" Terms.

1.

Family. An individual or group of individuals living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" does not include a group of individuals occupying a hotel or lodging house of any kind.

2.

Fence. A structure made of wire, wood, metal, masonry or other material used as a screen or enclosure for a field, yard or lot.

3.

Fence Height. The vertical distance from the bottom to the top of the fence. Fences placed on top of a retaining wall do not include the height of retaining wall.

4.

Floodplain. The portion of land adjacent to a creek channel which is covered by water during a one hundred-year flood event.

5.

Floodway. A body or channel of a stream, and those portions of the floodplain adjoining the channel, that are required to carry and discharge the floodwater or flood flows of any river or stream, including but not limited to flood flows associated with the regulatory one hundred-year flood.

6.

Floor Area Ratio (FAR). A ratio of the gross floor area of a building to the net area of the parcel on which the building is located. Building floor area is measured from the exterior faces of the walls. For residential uses, the gross floor area includes areas for covered parking and staircases on all levels. Basement area is not included in the gross floor area. Accessory structures are not included in the FAR calculation.

7.

Freeway. A highway where owners of abutting lands have no right or easement of access to or from their abutting lands, or have only limited or restricted right or easement of access. "Freeway" has the same meaning as the term "freeway" as defined in the California Streets and Highways Code.

8.

Funeral Facility and Services. An establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. Includes funeral homes, funeral parlors, and crematoriums.

G.

"G" Terms.

1.

Garage, Private. An attached or detached accessory structure on a lot developed with a residential dwelling used by residents for the storage of passenger vehicles, and other vehicles and equipment permitted on the lot.

2.

Garage, Public. A structure other than a private garage used for the storage, sale, hire, or care of motor vehicles.

3.

General Plan. The general plan of the city of Morgan Hill, California.

4.

Guest House. A building containing living space that is heated/cooled, with a full bath, without kitchen facilities, and used to house occasional visitors or nonpaying guests of the occupant of the primary dwelling unit. A guest house with a kitchen facility is considered a secondary dwelling unit.

H.

"H" Terms.

1.

Home Occupation. A business within a dwelling unit or residential site, with the business activity being subordinate to the residential use of the property.

I.

"I" Terms.

1.

Impervious Coverage. "Impervious coverage" means the areas of the lot covered by buildings, structures, paving and other non-permeable surfacing.

2.

Industrial Park/Business Park. A combination of industrial and/or commercial uses of contiguous lots specifically planned for industry, having continuity of design and function and uniform or integrated standards of development established by contract, covenant or deed restriction.

J.

"J" Terms

K.

"K" Terms.

1.

Kennel. A building or other enclosure to confine, feed, exercise, show or provide shelter for more than five cats or dogs, ten weeks of age or older. May include pet care supplies may be sold as an ancillary activity to the primary shelter use.

2.

Kitchen. An area in a building primarily designed, constructed, or used for the preparation of food with complete cooking facilities including a stove or separate cook top and oven, refrigerator, and kitchen sink.

3.

Kitchen, Half. A limited kitchen facility with a small counter space, a refrigerator, a small single compartment sink, a microwave and a small (two burner maximum) cook-top. Half kitchens may not contain any type of oven other than the microwave oven, but may contain a dishwasher.

L.

"L" Terms.

1.

Landscaping. The planting and maintenance of living plant material, including the installation, use, and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

2.

Lot. A piece or parcel of land owned as a single unit in common ownership, occupied or intended to be occupied by a principal building or a group of buildings and accessory buildings, or utilized for a principal use and accessory uses. Lots have frontage on and access to an approved and accepted city street, approved private street, or major driveway aisle for properties in the residential and mixed use districts.

3.

Lot Area. The net site area of a lot, expressed in terms of acres or square feet. Lot area does not include:

a.

Land within the limits of a street (public or private) upon which the lot abuts, even if fee title to such street is held by the owner.

b.

Public easements or private easements other than streets which are in excess of fifteen percent of the net site area of the lot.

4.

Lot, Corner. A lot abutting either a) two streets at their intersections; or b) a curvature of a single street with an interior angle of less than one hundred thirty-five degrees. The point of intersection of the street lot lines, extending, is the "corner." A corner lot may have more than one corner and may also abut upon one or more streets which do not form the corner or corners of the lot. See Figure 18.128-4.

Figure 18.128-4: Lot Types

5.

Lot Coverage or Building Coverage. The portion of a lot covered by a building.

6.

Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. See Figure 18.128-5.

Figure 18.128-5: Lot Depth and Width

7.

Lot, Interior. A lot with only one front lot line.

8.

Lot, Flag. A lot where the main portion of the lot area does not have access to a street other than by means of a corridor less than twenty feet wide. See Figure 18.128-4.

9.

Lot, Key. An interior lot adjoining the rear lot line of a reversed corner lot. See Figure 18.128-4.

10.

Lot, Substandard. A lot that doesn't comply with the minimum dimension standards of the applicable district.

11.

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

12.

Lot Line, Interior Side. A lot line not a front line or a rear line shared with another parcel. See Figure 18.128-6.

Figure 18.128-6: Lot Lines

13.

Lot Line, Front.

a.

Any of the following (See Figure 18.128-6):

(1)

Each street lot line of an interior or through lot.

(2)

On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line.

(3)

Any street lot line not forming a corner of a corner lot.

b.

If the side yard setback facing the street on a corner is at least as deep as the front yard setback requirement, the community development director may designate the front lot line of corner lots for setback purposes.

14.

Lot Line, Rear. The lot line opposite and most distant from the front lot line, where such lot line is not also a street lot line. See Figure 18.128-6.

15.

Lot Line, Street Side. A lot line other than a front lot line on a corner lot abutting a street.

16.

Lot, Through. A lot which has two or more front lot lines which do not intersect to form a corner lot.

17.

Lot Width. The distance measured along a straight line between the midpoints of the side property lines.

M.

"M" Terms.

1.

Massage Establishment. Means the definition of "massage establishment" as found in municipal code Section 5.32.010(D).

2.

Manufactured Housing. Single-family detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974. Includes structures known as manufactured homes or modular homes.

3.

Mixed Use. A development project where residential and commercial/office uses are combined in an integrated development project with significant functional interrelationships and a coherent physical design for both residential and non-residential uses.

4.

Mobile Home. A vehicle designed and equipped for human habitation, and for being drawn by motor vehicle. A mobile home is a type of "trailer" or "trailer coach" or "semi-trailer" as defined in the California Vehicle Code, and has the same meaning as "mobile home," as defined in the California Health and Safety Code. Excludes modular or manufactured dwellings intended for assembly on-site on permanent foundations and not designed for subsequent or repeated relocation.

N.

"N" Terms.

1.

Nonconforming Lot. A legally established lot that does not meet the current minimum depth, width, or area standards of the zone in which the lot is located.

2.

Nonconforming Structure. A legally established structure which does not meet the current development standards for the zone in which the structure is located. Development standards include but are not limited to setbacks, height or lot coverage regulations of the zone, but do not include standards contained in the uniform codes, such as the building code.

3.

Nonconforming Use. A legally established use which does not meet the use regulations of the zone in which it is located.

4.

Nonconforming Use of Land. The use of either unimproved land or land containing minor structures such as fences and buildings less than four hundred square feet in area that does not conform to the regulations of the zone in which it is located.

O.

"O" Terms.

1.

Outdoor Display Area. Any area, either permanent or temporary, used for the display of a product or services which is external to a building.

2.

Overlay Zone. An area established by the zoning code within which requirements apply in addition to requirements of the underlying base zone.

P.

"P" Term

1.

Patio. A level surfaced area which has an elevation of not more than eighteen inches, and without walls or a roof. A patio may be constructed of any materials.

2.

Primary Building. The building that accommodates the primary use of the site.

3.

Pool House. A building within the immediate vicinity of a swimming pool which may contain changing rooms, restrooms, shower facilities, kitchen and recreation room. A pool house with a kitchen and full bath facilities is considered a secondary dwelling unit.

4.

Porch. A covered but unenclosed projecting platform providing access to a door, with or without stairs, which extends from the main wall of a building that may or may not use columns or other ground supports for structural purposes. A porch that is screened-in, without a heating or cooling system, is considered unenclosed.

5.

Permitted Use. A use for which no conditional use permit or administrative use permit is required, but which may require a design permit or other approvals as specified in the zoning code.

Q.

"Q" Terms.

1.

Quasi-public Use. A use operated by a private nonprofit organization or institution primarily intended to of serve the general public, including but not limited to religious facilities, private schools, and universities, community, youth and senior citizen recreational facilities, and hospitals.

R.

"R" Terms.

1.

Recreational Vehicle (RV) Parks. An establishment designed, established, or used for exclusive occupancy by two or more recreational vehicles. RV parks are owned by a single owner or organizations where RV spaces are temporarily rented or leased to a person occupying an RV.

S.

"S" Terms.

1.

Setback. The minimum distance between by which any building or structure must be separated from a lot line, public or private street easements, or drive-aisles.

2.

Stable. A structure used to confine, feed, exercise, show or provide shelter for horses, cows or other hoofed animals, whether for private, public or commercial use. Includes stalls, corrals, paddocks, barns, and exercise areas and arenas.

3.

Story. The portion of a building included between the surface of the floor and the surface of the floor next above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.

4.

Street. A public or private thoroughfare, including road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare that affords the principal means of access to five or more lots.

5.

Street, Private. A paved vehicular access to five or more lots or units over a common parcel or consecutive easements, primarily used by the owners or occupants of the common parcel or consecutive easements and from which the public may be excluded and which are not maintained by a public agency.

6.

Structure. Anything constructed or erected that requires attachment to the ground, or attachment to something located on the ground. Excludes objects temporarily attached to the ground, or which are easily moved, including but not limited to dog houses, picnic tables, patio furniture, and children's play structures .

7.

Supportive Housing. Housing with no limit on length of stay that is occupied by the targeted population and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is permitted in all zones allowing residential uses and is not subject to any restrictions (e.g., occupancy limits) not imposed on similar dwellings (e.g., single-family homes, apartments) in the same zone in which the supportive housing is located.

T.

"T" Terms.

1.

Temporary Use. A use established on private property, that exists for a specified length of time, and which is discontinued within that time period.

2.

Transitional Housing. A building configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is permitted in all zones allowing residential uses and is not subject to any restrictions (e.g., occupancy limits) not imposed on similar dwellings (e.g., single-family homes, apartments) in the same zone in which the transitional housing is located.

U.

"U" Terms.

V.

"V" Terms.

1.

Vehicle Sales Area. An outdoor open area, other than a street, used for the display, sale or rental of new or used passenger vehicles or other motor vehicles, including recreational vehicles and trailers, campers, and boats in operable condition. Excludes repair work and the mounting of campers on vehicles in the sales area.

2.

Vehicle Wrecking. The dismantling or disassembling of used vehicles or trailers, the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts, and the towing of such vehicles or parts in connection with such activity.

W.

"W" Terms.

X.

"X" Terms

Y.

"Y" Terms.

1.

Yard, Front. An open space extending the full width of the lot between a building and the front lot line.

2.

Yard, Rear. An open space extending the full width of the lot between a building and the rear lot line.

3.

Yard, Side. An open space extending the full width of the lot between a building and the side lot line.

Z.

"Z" Terms.

1.

Zoning District. A defined area within the city of Morgan Hill where uniform land use and development standards apply in accordance with the zoning code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018; Ord. No. 2319 N.S., § 12, 1-20-2021; Ord. No. 2320, §§ 4, 5, 4-7-2021; Ord. No. N.S., 2329, §§ 3, 4, 3-16-2022; Ord. No. 2343 N.S., §§ 3, 4, 11-8-2022; Ord. No. 2352, §§ 20—22, 4-24-2024; Ord. No. 2362, § 20, 2-19-2025)