MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.06 – DEFINITIONS

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 said 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 and the Coastal 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.

C.            DEFINITIONS

20.06.010            AGRICULTURE.

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

20.06.020            AGRICULTURAL PROCESSING PLANT.

Agricultural processing plant means a structure, building, facility, or 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.

20.06.030            AGRICULTURAL SUPPORT SERVICE.

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.

20.06.040            AIRPORT.

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.

20.06.050            ALLEY.

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.

20.06.060            ALL-WEATHER ROAD SURFACE.

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.

20.04.070            ALTERATION, STRUCTURAL.

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.

20.06.080            APARTMENT.

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.

20.06.090            APPROPRIATE AUTHORITY.

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.

20.06.100            AUTOMOBILE WRECKING YARD.

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 thestorage, 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 60 days, and not including the active noncommercial repair of one personal motor vehicle within a 120 day period and not including the storage, dismantling, wrecking and repair of vehicles or equipment accessory to on- site agricultural operations.

20.06.105            AVERAGE LOT DEPTH.

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.

20.06.107            AVERAGE LOT WIDTH

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

20.06.110            BED AND BREAKFAST FACILITY.

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

20.06.120            BLOCK.

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.

20.06.130            BUILDING.

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.

20.06.140            BUILDING SITE.

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.

20.06.150            CAMPGROUND.

Campground means land or premises which are 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.

20.06.160            CARETAKER UNITS.

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

20.06.170            CHILD CARE CENTER.

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 18 years of age in need of personal services, supervision or assistance on less than a 24-hour basis.

20.06.180            CHAPARRAL.

An evergreen plant community of drought-adapted shrubs usually found on dry slopes and ridges.

20.06.181            COASTAL ADMINISTRATIVE PERMIT

A Coastal Administrative Permit is a Coastal Development Permit processed pursuant to Chapter 20.76 of this Title.

20.06.185            COASTAL COMMISSION

Coastal Commission means The California Coastal Commission.

20.06.186            COASTAL DEVELOPMENT PERMIT

A Coastal Development Permit is a Discretionary Permit authorized pursuant to the California Coastal Act of 1976 and processed pursuant to Chapter 20.70 of this Title.

20.06.190            COASTAL SCRUB.

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

20.06.195            COASTAL ZONE

That portion of the unincorporated portion of the County lying in the Coastal Zone as established by the Coastal Act of 1976 and as it may subsequently be amended by the State of California.

20.06.197            COMMON PUBLIC VIEWING AREA

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.

20.06.200            CONSTRUCTION, ACTUAL.

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 diligently carried on until the completion of the building or structure.

20.06.210            CONVENIENCE STORE.

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

20.06.200            COTTAGE INDUSTRY.

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

20.06.230            COUNTRY CLUB.

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

20.06.240            COUNTY SCENIC ROUTE.

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.

20.06.250            COVERAGE.

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

20.06.260            DAY CARE CENTER.

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.

20.06.270            DAY CARE HOME, LARGE FAMILY.

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

20.06.280            DAY CARE HOME, SMALL FAMILY.

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.

20.06.290            DENSITY.

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.

20.06.300            DENSITY, GROSS.

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

20.06.310            DEVELOPMENT.

Development means, on land, in or under water:

1.            placement or erection of any solid material or structure, including but not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line;

2.            discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste;

3.         grading, removing, dredging, mining, or extraction of any materials, including excavation and filling which requires environmental review pursuant to the Monterey County CEQA Guidelines.

4.         change in the density or intensity of use of land, including but not limited to:

a)         subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code);

b)            lot line adjustments;

c)            any other division of land, including lot splits; and,

d)            conditional certificates of compliance pursuant to the Subdivision Map Act;

5.         change in the intensity of use of water, or of access thereto;

6.            expansion or construction of water wells, surface water diversions, or septic systems, except for replacement thereof;

7.            construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility;

8.         removal or harvesting of major vegetation including land clearing pursuant to Chapter 16.12 and removal of natural vegetation specified in the applicable ordi­nances as requiring a coastal development permit. "Development" shall not include removal or harvesting of major vegetation for agricultural purposes, except in North County as per Section 20.144.080.A, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Zberg-Nejedly Forest Practice Act of 1973 (commencing with Section 45111);

9.         any project within 750 feet of a known archaeological resource, as per sections shown on current County Resource Maps or other available information;

10.       tree removal as per sections 20.144.050.A, 20.145.060.A, 20.146.060.A, and 20.147.050.A.

11.       granting of transferable density credits pertaining to a lot in the critical viewshed of Big Sur, pursuant to Chapter 20.64.190.

20.06.320            DEVELOPMENT RIGHTS.

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.

20.06.330            DEVELOPMENT STANDARD.

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

20.06.340            DILIGENT WORK.

Diligent work means work characterized by steady, earnest and energetic application of effort to complete any given project without lapse of necessary grading or building permits.

20.06.350            DIRECTOR OF PLANNING AND BUILDING INSPECTION.

Director of Planning and Building Inspection means the Director of Planning and Building Inspection of the County of Monterey.

20.06.355            DISCRETIONARY PERMIT

Discretionary permit means any permit which requires review and approval by a decision making body including but not limited to the Monterey County Planning Commission or Board of Supervisors.

20.06.360            DWELLING.

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.

20.06.370            DWELLING UNIT.

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

20.06.380            DWELLING UNIT, MANUFACTURED.

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 home, a mobile accessory building or structure, a recreational vehicle or a commercial coach.

20.06.390            DWELLING, DUPLEX.

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.

20.06.400            DWELLING GROUP.

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.

20.06.410            DWELLING, MULTIPLE FAMILY.

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.

20.06.420            DWELLING, SINGLE FAMILY.

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.

20.06.425            EMERGENCY

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 environmental resources.

20.06.430            ENFORCING OFFICER.

Enforcing officer means the person, office or department designated by state law or the Board of Supervisors to enforce any 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.

20.06.440            ENVIRONMENTALLY SENSITIVE HABITAT.

Environmentally sensitive habitat means an area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded be human activities and development. (See individual land use plan segment definitions for specific examples.)

20.06.450            FAMILY.

Family means one or more persons occupying a dwelling unit or other premises and living as a single not-for-profit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house.  Family includes necessary servants.

20.06.460            FARM EMPLOYEE HOUSING FACILITY.

Farm employee housing facility means any living quarters or accommodations of any type provided by any person for employees or families employed principally in farming or other agricultural activities on the land and contiguous land occupied by the farm employee housing facility.

20.06.470            FARM WORKER HOUSING FACILITY.

Farm worker housing facility means any living quarters or accommodations of any type provided by any person for individuals or families employed principally in farming or other agricultural activities off the property on which the farm worker housing facility is to be located.

20.06.490            FARM SHOP.

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

20.06.500            FAULT.

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

20.06.510            FAULT, ACTIVE.

Active fault means a fault along which there has been displacement during the last 11,000 years.

20.06.520            FAULT, INACTIVE.

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

20.06.530            FAULT, POTENTIALLY ACTIVE.

A potentially active fault means a fault along which the most recent major displacement occurred between 11,000 and 3,000,000 years ago.

20.06.540            FAULT TRACE.

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

20.06.550            FAULT ZONE.

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

20.06.560            FEASIBLE.

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.

20.06.562            FLOOR AREA

Floor area means the total square footage of the building site divided by the floor area of the structure(s) on site.

20.06.564            FLOOR AREA RATIO

Floor area ratio means the total combined gross floor area of all floors contained in all buildings on the building site as measured from the exterior face of the enclosing walls.  Floor area shall include, but not be limited to all enclosed spaces within all buildings, finished basements, guesthouses, studios, garages and carports.  Areas of enclosed floor space constructed and maintained entirely below ground, including garages, shall not be counted as floor area.

Floor area ratio shall not apply to new condominiums, planned unit developments, or similar projects where by their design the legally described lot coincides or is generally confined to the structures.

20.06.570            FRONT WALL.

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 20.62 (Height and Setback Exceptions) of this Title.

20.06.580            GARAGE, PRIVATE.

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

20.06.590            GARAGE, PUBLIC.

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.

20.06.600            GARAGE, STORAGE.

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

20.06.610            GOLF COURSE.

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 yards and for eighteen holes is six thousand yards.

C.        Short golf course means a golf course whose minimum total length is five thousand yards, with some holes over two hundred fifty yards.

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

20.06.620            GUESTHOUSE.

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 rented, let, or leased, whether compensation is direct or indirect.

20.06.625            GUESTROOM

Guestroom means a room which is intended, arranged, or designed to be occupied, or which is occupied by guests, but in which no provision is made for cooking, and does not include dormitories for sleeping purposes.

20.06.630            HEIGHT OF STRUCTURE.

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 fea­tures, as specified in Chapter 20.62 (Height and Setback Exceptions) of this Title.

20.06.640            HOG RANCH, COMMERCIAL.

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.

20.06.650            HOME OCCUPATION.

Home occupation means a business  conducted in a residential area conducted by the residents of the property, the main product of which is a service rather than goods.

20.06.660            HOTEL.

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.

20.06.670            HOTEL, RESORT.

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 guestrooms per acre and with a minimum of ten percent of the total area maintained for landscaping.

20.06.680            HUNTING AND FISHING FACILITY.

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.

20.06.682            HYDRIC SOIL

Hydric soil means a type of soil with characteristics resulting from prolonged saturation and chemically reducing conditions such as occurs under anaerobic conditions.

20.06.684            HYDROPHYTIC VEGETATION

Hydrophytic vegetation means plants that have adapted to living in aquatic environments.  These plants are also called hydrophytes.  In wetlands, hydrophytic species occur where at least the root zone of the plant is seasonally or continually found in saturated or submerged soil.

20.06.690            INTERNAL CIRCULATION.

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.

20.06.700            JUNK YARD.

Junk yard means the use of more than two hundred 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.

20.06.710            KENNEL, COMMERCIAL.

Commercial kennel means any property or premises in which more than eight dogs, 6 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.

20.06.720            KITCHEN.

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.

20.06.730            LABOR SUPPLY CAMP.

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.

20.06.735            LAND USE PLAN

Land Use Plan means Plan adopted by the Board of Supervisors of the County of Monterey and certified by the Coastal Commission as the governing land use plan for a specific area of the Coastal Zone lying in the unincorporated area of the County of Monterey.

20.06.740             LIQUEFACTION.

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

20.06.750            LIVESTOCK FEED YARD.

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 percent or more of the food for such livestock is imported or purchased.

20.06.755            LOCAL COASTAL PROGRAM

Monterey County's land use plans, zoning ordinances, zoning maps and implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.  The four land use plans are the North County Land Use Plan, Del Monte Forest Area Land Use Plan, Carmel Area Land Use Plan, and Big Sur Coast Land Use Plan. The ordinances, zoning maps, and implementation actions are those listed in the Table of Contents of the Coastal Implementation Plan.  The Plan consists of this Title 20 (Parts 1 - 5) and other applicable ordinances and appendices (Part 6).  Unless otherwise exempted by this Title, any revisions to these provisions must be approved by the Coastal Commission before they go into effect in the Coastal Zone.

20.06.760             LOT.

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 regulated 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.

20.06.770            LOT, KEY.

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.

20.06.780             MOBILEHOME.

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

20.06.790             MOBILEHOME, FORMER.

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.

20.06.800             MOBILEHOME PARK.

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.

20.06.810             MOTEL.

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.

20.06.820             NUISANCE.

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.

20.06.830             ONE OWNERSHIP.

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 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.

20.06.840             OPEN SPACE.

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, park and recreation areas.  The term "open space" does not imply public access or ownership.

20.06.850             OUTDOOR ADVERTISING STRUCTURE.

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

20.06.860             OVERSPEED CONTROL.

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

20.06.865             PERSON.

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

20.06.870             PETS.

Pets mean commonly domesticated household animals.

20.06.875             PLANNED UNIT DEVELOPMENT.

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.

20.06.880             POULTRY FARM.

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

20.06.890             PROFESSIONAL OFFICE.

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, but not including barbers, beauty parlors, cosmetologists, or other service establishments and structure trades contractors.

20.06.900             PUBLIC UTILITY.

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

20.06.910             PUBLIC UTILITY FACILITIES.

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

20.06.920             RARE AND ENDANGERED SPECIES.

Rare and endangered species means a plant or animal species identified by the California Department of Fish and Game, the United States Fish and Wildlife Service, the California Native Plant Society and/or other relevant scientific authority as rare, endangered, or threatened.

20.06.930             RECREATIONAL VEHICLE.

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

20.06.940             REST HOME.

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, state or federal agency.

20.06.950            RIDGELINE DEVELOPMENT.

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.

20.06.960             RIGHT-OF-WAY.

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.

20.06.970             RIPARIAN HABITAT.

Riparian habitat means a natural plant community dependent upon a water body or water course.  (See individual land use plan segment definitions for specific examples.)

20.06.980             RIPARIAN WOODLAND.

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.

20.06.990             ROOMINGHOUSE OR BOARDINGHOUSE.

Roominghouse or boardinghouse means a dwelling other than a hotel where lodging with or without meals for three or more persons is provided for compensation.

20.06.1000             SENIOR CITIZEN UNIT.

Senior citizen unit means an independent, self-contained living unit attached or detached from other residences for senior citizens and handicapped persons in addition to a residence on site. The senior citizen unit may be rented.

20.06.1010             SERVICE CONNECTION.

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.

20.06.1020             SETBACK.

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

20.06.1030             SETBACK, FRONT.

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.

20.06.1040             SETBACK LINE.

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

20.06.1050             SETBACK, REAR.

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

20.06.1060             SETBACK, SIDE.

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.

20.06.1070             SIGN.

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.

20.06.1080             SIGN, APPURTENANT.

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.

20.06.1090             SIGN, DIRECTIONAL AND INFORMATIONAL.

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.

20.06.1100             SIGN, DIRECTORY.

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.

20.06.1110             SIGN, OUTDOOR ADVERTISING.

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

20.06.1120             SMALL LIVESTOCK FARMING.

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.

20.06.1130             SLOPE.

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.

20.06.1140             SPHERE OF INFLUENCE.

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

20.06.1150             START OF CONSTRUCTION.

See Construction, Actual.

20.06.1160             STATE SCENIC HIGHWAY.

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.

20.06.1170             STORY.

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.

20.06.1180             STREET, PRIVATE.

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.

20.06.1190             STREET, PUBLIC.

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.

20.06.1200             STRUCTURAL CONNECTION.

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

20.06.1210             STRUCTURAL WALL.

Structural wall means any bearing wall of a structure.

20.06.1200             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 trailer or tent.

20.06.1230             STRUCTURE, ACCESSORY.

Accessory structure means a subordinate structure, the use of which is incidental to that of a main structure on the same building site, including but not limited to caretaker quarters, guesthouses, farm employee family housing, farm employee housing facility, farm employee quarters, and employee housing accessory to an allowed use.

20.06.1240             STRUCTURE, ATTACHED.

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.

20.06.1250             STRUCTURE, DETACHED.

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

20.06.1260             STRUCTURE, LEGAL NONCONFORMING.

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

20.06.1270             STRUCTURE, MAIN.

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

20.06.1275             SUBSTANTIAL ADVERSE VISUAL IMPACT.

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.

20.06.1280             TIMESHARE PROJECT.

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.

20.06.1290             TIMESHARE ESTATE.

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

20.06.1300             TIMESHARE USE.

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.

20.06.1310             TRANSIENT OCCUPANCY.

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

20.06.1320             USE.

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.

20.06.1330             USE, ACCESSORY.

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.

20.06.1340             USE, LEGAL NONCONFORMING.

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.

20.06.1350             WETLANDS.

Wetlands means lands where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent or drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salt or other substance in the substrate.  Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to vegetated wetlands or deepwater habitats.

20.06.1360             WILD ANIMAL.

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

20.06.1370             WIND ENERGY CONVERSION SYSTEMS, COMMERCIAL.

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.

20.06.1380             WIND ENERGY CONVERSION SYSTEMS, NONCOMMERCIAL.

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.

20.06.1390             WIND ENERGY CONVERSION SYSTEM, TOTAL HEIGHT.

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

20.06.1400             WINERY.

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.