Zoneomics Logo
search icon

Mountain View City Zoning Code

10.12 DEFINITIONS

ZONING REGULATIONS

10.12.010 GENERAL

For the purposes of this code, certain terms, phrases, words and their derivatives shall be construed as specified in this chapter. Words used in the singular include the plural and plural the single. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. "Accessory Building". A subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage. "Accessory Use". A use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to and customarily found in connection with such primary use. "Acreage, Gross". The overall total area. "Acreage, Net". The remaining area after all deductions are made; with deductions including streets, easements for access and street dedications. "Apartment House". A residential building designed or used for three or more dwelling units. "Automotive Repair, Major". An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender and major engine and engine part overhaul, provided it is conducted within a completely enclosed building. "Automotive Repair, Minor". An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and transmission work, provided it is conducted within a completely enclosed building. "Building". Any structure used or intended for supporting or sheltering any use or occupancy. "Building Code". The International Building Code as adopted by the Town of Mountain View. "Building Height". The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building is the maximum height of any segment of the building. "Building Line". The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure. "Building, Temporary". A building used temporarily for the storage of construction materials and equipment incidental and necessary to on site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction. "Business or Financial Services". An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service. "Certificate of Occupancy". A document issued by the Town of Mountain View certifying that all the requirements of the building permit have been met and that the building is completed and ready to be occupied. (Ord. 2010-2) "Conditional Use". A use which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions. "Congregate Residence". Any building or portion thereof which contains facilities for living, sleeping, and sanitation as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels or lodging houses. "Day Care, Family". The keeping for part time care and/or instruction, whether or not for compensation, of six or less children at any one time within a dwelling, not including members of the family residing on the premises. "Day Care, Group". An establishment for the care and/or instruction, whether or not for compensation, of seven or more children at any one time. Child nurseries and preschool facilities are included in the definition. "Driveway". A private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located. "Dwelling Unit". Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, as required by this code, for not more than one family, or a congregate residence for six or less persons. "Dwelling, Duplex". A building designed or arranged to be occupied by two families living independently, the structure having only two dwelling units. "Dwelling, Multiple-Unit". A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent. "Dwelling, Planned Group". Two or more detached buildings used as dwelling units located on a lot that is in single ownership and having yards, courts or facilities in common. "Dwelling, Single-Family". A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family. "Easement". That portion of a lot or lots reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement may be for use under, on or above said lot or lots. "Face of Building, Primary". The wall of a building fronting on a street or right of way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations. "Farm Animals". Animals other than household pets that may, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchilla, chickens, turkeys, pheasants, geese, ducks and pigeons. "Frontage". The width of a lot or parcel abutting a public right of way measured at the front property line. "Garage, private". A building or a portion of a building not more than one-thousand (1,000) square feet in area, in which only private or pleasure type motor vehicles used by the tenants of the building or buildings on the premises are stored or kept. "Grade, (adjacent ground elevation)". The lowest point of elevation of the existing surface of the ground, within the area between the building and a line five (5) feet from the building. "Home Occupation". The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof which is subordinate and incidental to the use of the dwelling for residential purposes. "Household Pets". Dogs, cats, rabbits, birds, for family use only (noncommercial) with cages, pens, etc. "Inspector". The building inspector, or in lieu thereof, the town engineer or other responsible town official. (Ord. 2010-2) "Landscaping". The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment may also include the use of logs, rocks, fountains, water features and contouring of the earth. "Licensee". Any person licensed to operate and maintain a manufactured home park providing services or the selling of goods and wares under the provisions of this title. (Ord. 2010-2) "Lot". A single parcel of land. "Lot, Corner". A lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one-hundred thirty-five (135) degrees. "Lot, Interior". A lot other than a corner lot. "Lot, Irregular". A lot whose opposing property lines are generally not parallel, such as a pie shaped lot on a cul de sac, or where the side property lines are not parallel to each other. "Lot Line". The boundary of a lot or parcel of property as defined on a plat or deed, and, in any measurement or reference to a lot line, as required by this chapter, it is the duty of the property owner to locate and, if required by the building official, provide proof of the location of said lot line. "Manufactured Home". A structure, transportable in one or more sections, which in the traveling mode is eight (8) body feet or more in width and forty (40) body feet or more in length, or, when erected on site, is three-hundred twenty (320) square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities. These homes can be built to a variety of building codes. The Town of Mountain View requires these homes be built to the most recent IRC Standard as adopted by the Town. The metal frame is not typically removed, and may only be done so after extensive engineering and reinforcements are made. Home has a M.S.O., a title and may even require DMV registration. (Ord. 2010-2) "Manufacturing, Light". The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants. "Mobile Home". Usually a pre 1976 double unit home set in place and used as a permanent residence. Typically not put on full foundation or basement. Typically has a title and may require DMV registration. Term "Double Wide" often used to describe these homes. Various outdated building codes were used in building these homes. "Modular Home". A home built to the most recent IRC building codes required by the Town. Modular homes are delivered to the building site on a metal frame with axles attached. The home is then removed from the frame and axle, placed on a permanent foundation and is considered real property after completion. Modular homes do not have an M.S.O., a title or require DMV registration. "Nonconforming Building". A building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the district in which it is located. "Nonconforming Lot". A lot whose width, area or other dimension did not conform to the regulations when this code became effective. "Nonconforming Manufactured Home". Any manufactured home or manufactured home park not in compliance with this ordinance. (Ord. 2010-2) "Nonconforming Sign". A sign or sign structure or portion thereof lawfully existing at the time this code became effective, which does not now conform. "Open Space". Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space may be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities. "Park". A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses. "Parking Lot". An open area, other than a street, used for the parking of automobiles. "Parking Space, Automobile". A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile. "Plot Plan". A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information. "Public Services". Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities. "Recreational Vehicle". A vehicular unit, other than a mobile home, whose gross floor area is less than 320 square feet, which is designed as a temporary dwelling for travel, recreational and vacation use, and which is either self propelled, mounted on or pulled by another vehicle. Examples include, but are not limited to, a travel trailer, camping trailer, truck camper, motor home, fifth wheel trailer or van. "Setback". The minimum required distance between the property line and the building line. "Sign". An advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product or service, including the sign structure, supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. "Site Built Home". The typical home built by local contractors and tradesmen. These homes are built to the local building code requirements. These homes are built on top of a permanent foundation or basement. The following descriptions apply to site built homes:

  1. "100% Built On Site Home". This type of home is built 2x4 or 2x6 at a time with no delivery of off-site building components or trusses.
  2. "Traditional Built On Site Home". These homes are built by the local contractor and are built in a mix of different on site and prefabricated components. These prefabricated components can include: roof trusses, windows, doors, cabinetry, plumbing and electrical pieces. This is the most common form of construction.
  3. "Panelized Wall Sections". 2x4 and 2x6 walls are framed and sheathed off site and delivered by truck to the job site for erection.
  4. "SIPS". SIPS or Structurally Insulated Panels are 4x8 or larger sheets of OSB glued to the inner core of foam or other insulating material. Panels are built off site and delivered by truck to the job site for erection.
  5. "System Built Components". System Built homes are homes that are made from prefabricated components built inside an enclosed building in different sized and shaped pieces. These components are built on a job by job basis and the level of completion will vary from piece to piece. These components are delivered on a DOT approved flatbed transporter and erected on site by the local contractor. The amount of completion of each component can vary from basic rough framing to an 80% + completed component. (Ord. 2008-1)

"Site Plan". A plan which outlines the use and development of any tract of land. "Story". That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under floor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such usable or unused under floor space shall be considered as a story. "Street". A thoroughfare or public way not less than sixteen (16) feet wide which has been dedicated or deeded to the public for public use. "Structure". That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Subdivision". The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land. USE is the activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses. "Trailer". A vehicle which has single or multiple axles under a metal frame and pulled by separate vehicle. Trailers have a variety of applications including transporting items, boats, vehicles and other detached items. Typically has title and requires DMV registration. A Camping/RV trailer is a single or multiple axles under a metal frame and pulled by a separate vehicle. These trailers are usually used for temporary residence and short term outings. Typically has title and requires DMV registration. A trailer home is usually a pre 1976 single or double unit home set in place and used as a permanent residence. It typically has a title and may require DMV registration. The term "Single Wide" and "Double Wide" are often used to describe these homes. Various outdated building codes were used in building these homes. "Use, Nonconforming". A use which lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the use regulations. "Use, Temporary". A use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, fleas markets and garage sales. "Variance". The procedure by which a specific zoning regulation may be permanently adjusted or waived for a particular piece of property, which property, because of special circumstances applicable to it, is deprived of enjoyment, use and privileges commonly enjoyed by other properties in the same vicinity and zone, and where the adjustment or waiver of the zoning requirement will remedy, to a reasonable extent, the disparity in enjoyment, use and privileges. "Warehouse, Wholesale or Storage". A building or premises in which goods, merchandise or equipment are stored for eventual distribution. "Yard". An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures except as otherwise provided in this code. "Yard, Front". A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto. "Yard, Rear". A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line and a line parallel thereto. "Yard, Side". An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water. (Ord. 2009-2)

HISTORY
Adopted by Ord. 2022-3 on 6/6/2022

2022-3