-MENDOCINO COUNTY PLANNING AND BUILDING SERVICES- DIVISION II OF TITLE 20--COASTAL ZONING CODE

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1 CHAPTER DEFINITIONS Sec Declaration. Sec General Rules for Construction of Language. Sec General Terms. Sec Definitions (A). Sec Definitions (B). Sec Definitions (C). Sec Definitions (D). Sec Definitions (E). Sec Definitions (F). Sec Definitions (G). Sec Definitions (H). Sec Definitions (I). Sec Definitions (J). Sec Definitions (K). Sec Definitions (L). Sec Definitions (M). Sec Definitions (N). Sec Definitions (O). Sec Definitions (P). Sec Definitions (Q). Sec Definitions (R). Sec Definitions (S). Sec Definitions (T). Sec Definitions (U). Sec Definitions (V). Sec Definitions (W). Sec Definitions (X). Sec Definitions (Y). Sec Definitions (Z). Sec Declaration. Provisions of this chapter shall be known as "the Definitions." The purpose of these provisions is to promote consistency and precision in the interpretation of this Division. The meaning and construction of words and phrases as set forth shall apply throughout this Division, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in this Division, in which case the Division definition shall prevail. (Ord. No (part), adopted 1991) Sec General Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this Division:

2 (A) Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of this Division. (B) Illustration. In case of any difference of meaning or implication, within this Division, between the text of any provision and any illustration, the text shall control. (C) Shall and May. "Shall" is always mandatory and not discretionary. "May" is discretionary. (D) Tenses and Numbers. Words used in the present tense include the future, and words used in the plural include the singular, unless the context clearly indicates the contrary. (E) Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: (1) "And" indicates that the connected items or provisions shall apply. (2) "Or" indicates that the connected items or provisions may apply singly or in any combination. (3) "Either...or" indicates that the connected items or provisions shall apply singly but not in combination. (F) All public officials, bodies, and agencies to which reference is made are those of the County of Mendocino unless otherwise indicated. (Ord. No (part), adopted 1991) Sec General Terms. (A) "Board" or "Board of Supervisors" shall have the same meaning. (B) "CEQA" means the California Environmental Quality Act. (C) "Chapter" means a portion of the Mendocino Coastal Zoning Code unless otherwise indicated. (D) "Coastal Act" means the California Coastal Act of 1976 as amended (Public Resources Code Division 20, Sections et seq.). (E) "Coastal Commission" means the California Coastal Commission established pursuant to the California Coastal Act (Division 20 of the Public Resources Code). (F) "Coastal Conservancy" means the State Coastal Conservancy established pursuant to Division 21 of the Public Resources Code.

3 (G) "Coastal Element" means the Land Use Plan for the coastal zone of Mendocino County adopted as an element of the Mendocino County General Plan. (H) "Commission" or "Planning Commission" shall have the same meaning. (I) "County" shall mean the County of Mendocino. (J) "Department" means the Department of Planning and Building Services. (K) "Director" means the Director of Planning and Building Services or his/her designee. (L) "Division" means Division II of Title 20 of the Mendocino County Code, comprising the Mendocino County Coastal Zoning Code, unless otherwise indicated. (M) "Federal" shall mean the Government of the United States of America. (N) "General Plan" means the Mendocino County General Plan. (O) "Section" means a section of the Mendocino Coastal Zoning Code unless otherwise indicated. (P) "State" shall mean the State of California. (Q) "Title" means Title 20 of the Mendocino County Code, the Mendocino County Zoning Code, unless otherwise indicated. (Ord. No (part), adopted 1991) Sec Definitions (A). (A) "Access" means the permission, ability and means to enter and pass to and from property. (B) "Access, Blufftop" means a public accessway which runs along the bluff edge of a property. (C) "Access, Coastal" means public rights-of-way to and along the sea. (D) "Access, Lateral" means a public accessway for public access and use along the shoreline. (E) "Access, Vertical" means a public accessway which extends from the first public road to the shoreline, a bluff edge for public viewing or to a lateral accessway. (F) "Accessory Building" means a detached subordinate structure, the use of which is incidental to the established primary use or main structure located on the same lot or

4 building site; i.e., private garage, storage shed, farm outbuildings, etc. In no case shall such accessory structure dominate, in purpose, the principal lawful structure or use. This definition, by itself, is not intended to prohibit an accessory structure which is greater in size than the main structure. Accessory buildings shall not contain any sleeping quarters or kitchen facilities and are therefore not intended for human occupancy except as provided in Chapter (G) "Accessory Living Unit" means a detached bedroom as defined in Section (B) or a guest cottage as defined in Section (I). (H) Accessory Structure. See Accessory Building. (I) "Accessory Use" means a use of land or of a structure incidental or subordinate to the principal use located upon the same lot. (J) "Aggrieved Person" means any person who, in person or through a representative, appeared at a public hearing held by the County of Mendocino in accordance with these regulations, or who, by other appropriate means prior to action on a development permit or variance, informed the County of his or her concerns about the application for such permit and who objects to the action taken on such permit and wishes to appeal such action to a higher authority. (K) "Airport" means any area of land or water which is used or intended for use, for the landing and take-off of aircraft, and other appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights of way, and all airport buildings and facilities located thereon. (L) "Alley" means a public or private way used as a secondary means of access to abutting property or between two (2) streets. (M) "Amendment" means any change, modification, deletion, or addition to the wording, text or substance of the Zoning Code, including any alteration in the boundaries of a zone, when adopted by ordinance and passed by the Board of Supervisors in the manner prescribed by law. (N) "Anadromous Stream" means fresh water stream used as a migration corridor and spawning and nursery habitat by fish, such as salmon and steelhead trout, that live most of their lives in saltwater. (O) Animal Raising. See Light Agriculture. (P) "Animal Waste Processing" means processing of animal waste and byproducts, including but not limited to animal manure, animal bedding waste, and similar

5 byproducts of an animal raising agricultural operation, for use as a commercial fertilizer or soil amendment. (Q) "Animals, Large" means cows, horses, sheep, goats, swine or similar bovine or equine animals. (R) "Animals, Small" means dogs, cats, birds, poultry, rabbits, chinchillas, hamsters, or other small domesticated animals other than large animals. (S) "Applicant" means the person, partnership, organization, corporation or state or local government agency applying for a coastal development permit or other land use approval pursuant to this Division. (T) "Approving Authority" means the Planning and Building Services Department, Coastal Permit Administrator, Planning Commission or Board of Supervisors authorized by this Division to make decisions affecting the administration or enforcement of this Division. (U) "Aquaculture" means that form of agriculture devoted to the propagation, cultivation, maintenance and harvesting of aquatic plants and animals in marine, brackish and freshwater. (V) "Archaeological Site" means any area containing significant or important archaeological resources as defined in Appendix K Section III of the California Environmental Quality Act (CEQA). Any person who in the preparation for or in the process of excavating or otherwise disturbing earth, discovers any archaeological or paleontological site shall cease and desist from all further excavation within one hundred (100) feet of the discovery and notify the Director of the Department of Planning and Building Services in conformance with Mendocino County Code Chapter See also Paleontological Site. (W) "Area of Special Flood Hazard" means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. This area is designated as Zone A, AO, AH, A1-30, VO, and V1-30 on the Flood Insurance Rate Map (FIRM). (X) "Automobile Wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, dumping or abandonment of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of three (3) or more motor vehicles which for a period exceeding thirty (30) days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute prima facie evidence of an automobile wrecking yard. (Ord. No (part), adopted 1991)

6 Sec Definitions (B). (A) "Bank" means an establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of funds. (B) "Barn" means a building used for the shelter of livestock, the storage of agricultural products, or the storage and maintenance of farm equipment and agricultural supplies. (C) "Base Flood" means the flood having a one (1) percent chance of being equalled or exceeded in any given year. (D) "Bed and Breakfast Accommodation" or "Bed and Breakfast Inn" means any building or portion thereof or group of buildings containing two (2) but no more than four (4) guest rooms each used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit. (E) "Block" means all property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus of dead end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. (F) "Boarding House" means a building or portion thereof, other than an inn, bed and breakfast, hotel, motel, hostel, or vacation home rental, where regular meals and/or lodging are provided for compensation or profit by prearrangement for periods of thirty (30) days or more for three (3) or more persons who do not constitute a family. (G) "Breakaway wall" means any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is so designed as to break away, under wind and water loads, without damage to the structural integrity of the building or supporting foundation on which it is used or any buildings to which it may be carried by floodwaters. A breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and, (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination

7 shall each have a one (1) percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). (H) "Building" means a structure having a roof, and which is constructed in a permanent position upon the ground and is designed and intended to be used for the shelter or enclosure of persons, animals or property. This definition does not include any type of recreational vehicle, boat or tent. (I) Building, Accessory. See Accessory Building. (J) Building, Coverage. See Lot Coverage. (K) "Building, Detached" means any accessory or main building that does not share a common wall with any other main or accessory building. (L) "Building, Height Of" means the vertical distance from the average ground level of the building to the highest point of the roof ridge or parapet wall. (Ord. No (part), adopted 1991) Sec Definitions (C). (A) (B) (C) (D) (E) Camp means an open-air location where people temporarily inhabit tents, cabins, travel trailers or other such shelters. Camping Area means any area or tract of land where camping is a permitted use. Camping Area, Incidental means any area or tract of land where camping is incidental to the primary use of the land for agriculture, timber management, or power development purposes and where one (1) or more campsites used for camping are rented, leased or held out for rent or lease. Clinic means any place, establishment or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other word or phrase of like or similar import, either independently or in connection with any other purpose, for the purpose of furnishing at the place, establishment, or institution, advice, diagnosis, treatment, appliances or apparatus, to persons or animals not residing or confined in the place, establishment, or institution, and who are afflicted with bodily or mental disease or injury. Cluster means the grouping of dwellings on parcels in suitable areas so as to insure the preservation of the valuable site resources as opposed to even dispersal over the project area.

8 (F) (G) Coastal-Dependent Development or Use means any development or use which requires a site on, or adjacent to, the sea to be able to function at all. Coastal Development Permit means a permit for any development within the coastal zone that is required pursuant to Section 30600(a) of the Public Resources Code and: (1) Has been issued by the Coastal Commission, or (2) Has been issued pursuant to Chapter of this Division. (H) (I) (J) (K) (L) (M) Coastal High Hazard Area means the area subject to high velocity waters, including but not limited to coastal and tidal inundation or tsunamis. The area is designated on a Federal Insurance Rate Map (FIRM) as Zone V and V1-30. Coastal Marine Ecosystem means that area in the tidal zone and seaward containing a delicately balanced environmental system which provides a suitable habitat for local indigenous and migrating species, including all life forms. Coastal Permit Administrator means the Planning and Building Services Director or designated representative who shall have the authority to administer the coastal development process and to render decisions on administrative permits and variances as provided in this Division. Combining District means a zoning district established by this Division which may be applied to a lot or portion thereof only in combination with a base zoning district. Conditional Use means a use which may be allowed on a conditional and discretionary basis, subject to securing a conditional permit and also subject to applicable provisions of this Division, and which is a development that is appealable to the Coastal Commission. Conservation Easement means a legally drafted and recorded document between a landowner and the county, land trust, or other qualified organization in which the owner places certain restrictions over all or portions of his/her land or structure in perpetuity or for a specified period of time to retain it in a predominantly natural, scenic, agricultural or other open space condition. Except for the specific restrictions contained in the easement document, the owner retains all other rights in the property. The easement stays with the land and is therefore legally binding on present and future owners.

9 (N) (O) (P) (Q) Construction means the placement of construction materials in their permanent position and fastened in a permanent manner. Corner Lot. See Lot, Corner. Cottage Industry means a small scale business operated in or around a residential use and which complies with Chapter Cumulative Impacts refers to two (2) or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. (1) The individual effects may be changes resulting from a single project or a number of separate projects. (2) The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonable foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. (R) Custom Manufacturing means the on-site production of individually crafted goods using hand tools or mechanical equipment typical of the types or specifications found in a home shop, or using equipment or processes which do not create noise, dust, fumes, visual impacts or electrical or water use in excess of home shop or hobby equipment, and which may include incidental onsite sales of those goods to retail consumers. Typical uses include ceramic studios, candle-making shops, custom jewelry manufacturing, wood working shops, printing shops, custom textile manufacturing, or light assembly of components manufactured off-premises. Sec Definitions (D). (A) "Density" means the number of dwelling units per acre or square feet, calculated as the total number of dwelling units divided by the total lot area within the boundaries of the lot. (B) "Detached Bedroom" means a separate incidental structure containing one (1) room only without a kitchen or sanitation facilities, designed for and intended to be used as a sleeping or living facility for family members to be used in conjunction with a main structure which includes kitchen and sanitation facilities. A detached bedroom shall be located no farther than one hundred fifty (150) feet from the main structure, and shall not

10 exceed five hundred (500) square feet of floor area. See Chapter Accessory Use Regulations. (C) Detached Building. See Building, Detached. (D) "Development" means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. As used in this section, removal or harvesting of major vegetation is further defined in Section (E) "Dwelling" means a building or portion thereof used exclusively for residential purposes, including one-family, two-family and multiple dwellings and boarding houses, but not including hotels, motels, inns, bed and breakfast accommodations, hostels or other visitor accommodations. (F) "Dwelling, Single-Family" means a building containing not more than one (1) dwelling unit and designed for occupancy for not more than one (1) family. (G) "Dwelling, Two-Family (Duplex)" means a building containing two (2) dwelling units. (H) "Dwelling, Multifamily (Apartment)" means a building or portion thereof containing three (3) or more dwelling units. (I) "Dwelling Group" means a group of two (2) or more dwelling units located on a parcel of land which is held in one (1) ownership.

11 (J) "Dwelling Unit" means a single unit containing complete, independent living facilities for a family, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and having only one (1) kitchen. (Ord. No (part), adopted 1991) Sec Definitions (E). (A) "Easement" means a recorded right or interest in the property of another, which entitles a holder thereof to use, privilege or benefit over said property. (B) "Emergency" means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. (C) "Endangered Species" means a species of animal or plant whose survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, over-exploitation, predation, competition, disease, or other factors; or a species of animal or plant shall be presumed to be endangered as it is listed in (1) Sections or 670.5, Title 14, California Administrative Code; or (2) Title 50, Code of Federal Regulations Sections or pursuant to the Federal Endangered Species Act as endangered. (D) "Energy, Alternate" means alternate energy sources including energy from solar, wind, waves, biomass and cogeneration sources. (E) "Energy Facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy. (F) "Environmentally Sensitive Habitat Area" means any 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 easily be disturbed or degraded by human activities or developments. In Mendocino County, environmentally sensitive habitat areas include, but are not limited to: anadromous fish streams, sand dunes, rookeries and marine mammal haul-out areas, wetlands, riparian areas, areas of pygmy vegetation that contain species of rare or endangered plants, and habitats of rare and endangered plants and animals. (G) "Estuary" means a coastal water body usually semi-enclosed by land, but which has open, partially obstructed, or intermittent exchange with the ocean and in which ocean water is at least occasionally diluted by fresh water runoff from the land. (Ord. No (part), adopted 1991) Sec Definitions (F).

12 (A) "Family" means a person living alone, or two (2) or more persons related by blood, marriage or adoption, or a group of unrelated persons living together who bear the generic character of a single nonprofit housekeeping unit in a dwelling unit, as distinguished from a group occupying a boardinghouse, inn, motel, hotel, or bed and breakfast inn. (B) "Family Care Home" means a state-authorized, certified, or licensed family care home, foster home, alcoholism recovery facility, or group home serving six (6) or fewer mentally impaired or otherwise handicapped persons or dependent and neglected children and providing such care and service on a twenty-four (24) hour-a-day basis. No facility shall qualify as a family care home if it is operated in such a manner that facilities, activities, or events thereon are shared by more than six (6) mentally impaired or otherwise handicapped persons or dependent and neglected children. (C) "Family Care Institution" means a state-authorized, certified or licensed family care home, foster home, or group home which does not qualify as a family care home. (D) "Family Care Unit" means the temporary use of a building, structure or trailer coach to provide housing for: (1) Not more than two (2) adult persons who are sixty (60) years of age or older; or (2) An immediate family member or members who require daily supervision and care; or (3) A person or persons providing necessary daily supervision and care for the person or persons residing in the main residence. (E) "Farm Employee" means any person who derives employment in the service of another person as an employee engaged in farming in any of its branches, including cultivation and tilling of the soil, timber production, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry, and the preparation of farm products for market and delivery to storage or to market or to carriers for transportation to market. "Farm Employee" does not include persons solely engaged in construction, alteration, painting, or repair of a structure, land grading or leveling or land surveying, unless they are providing substantial improvements to the property and enhancing resource production. (F) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (G) "Fill" means a deposit of earth or any other substance or material by artificial means, including piers placed in a submerged area for the purpose of erecting structures thereon.

13 (H) "Finding" means a legally relevant subconclusion which indicates the mode of analysis of facts, regulations, and policies which bridge the analytical gap between raw data and ultimate decision. (I) "Fisheries Byproducts" means that portion of the fish catch remaining after the primary processing has been completed. (J) "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. (K) "Flood Boundary Floodway Map" means the official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. (L) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (M) "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary Floodway Map, and the water surface elevation of the base flood. (N) "Flood Plain" means an area subject to temporary inundation of normally dry land lying outside the normal stream channel as a result of one (1) or more of the following occurrences or conditions: the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source. (O) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The floodway is delineated on the Flood Boundary Floodway Map. (P) "Floor Area, Gross" means the total of the gross horizontal areas of all floors, including usable attics and basements, below the roof and within the exterior surfaces of surrounding exterior walls of a building. (Q) Free-Standing Sign. See Sign, Free-Standing. (R) "Frontage" means that portion of a property line which abuts a legally accessible street right-of-way.

14 (S) "Front Yard" means the yard between a front lot line or lines and the line defined by the required front yard setback extending to the side lot lines. (Ord. No (part), adopted 1991) Sec Definitions (G). (A) "Garage, Private" means an accessory building or an accessory portion of the main building, designed and/or used for the shelter or storage of vehicles owned or operated by the occupants of the main building. (B) "Garage, Public" means a building other than a private garage in which spaces or stalls are rented to the public for the shelter or storage of private automobiles and other forms of private transportation or recreational vehicles, and which may include as a use incidental thereto, the storage of personal effects and personal household articles. (C) "General Agriculture" means the raising of livestock as identified in Section (D) "Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building. (E) "Grade, Finished" means the finished surface of the ground after grading for development. (F) "Grade, Natural" means the surface of the ground prior to grading for development. (G) "Grading" means any excavation or filling or combination thereof involving transfer of more than two (2) cubic yards of material. (H) Gross Floor Area. See Floor Area, Gross. (I) "Guest Cottage" means a detached building (not exceeding six hundred forty (640) square feet of gross floor area), of permanent construction, without kitchen, clearly subordinate and incidental to the primary dwelling on the same lot, and intended for use without compensation by guests of the occupants of the primary dwelling. (Ord. No (part), adopted 1991) Sec Definitions (H). (A) Habitable Floor means any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

15 (B) (C) (D) (E) (F) (G) (H) Height of Building. See Building, Height of. Highly Scenic Areas means areas such as landscape preservation projects designated by the State Department of Parks and Recreation in the California Coastline Preservation and Recreation Plan; (#60, California State Department of Parks and Recreation); and open areas of particular value for preserving natural landforms and significant vegetation, or for providing attractive transitions between natural and urbanized areas; and highly scenic areas as described in Section of the Coastal Act, in which development shall be subordinate to the character of its setting. Highly scenic areas are designated on the land use maps. Home Occupation means an occupation which is clearly accessory and incidental to a residential use located on the premises, which is conducted solely by occupants of the dwelling unit, and which is conducted entirely within the dwelling unit or accessory building(s) in a manner which does not change or disturb the residential appearance and character of the site as described in Chapter Hospital means an institution which specializes in giving clinical and emergency services of a medical or surgical nature to injured persons and which maintains and operates twenty-four (24) hour inpatient services for the diagnosis and treatment of patients. Hostel means any building or portion thereof or group of buildings containing five (5) or more guest rooms or suites, or providing housekeeping accommodations for five (5) or more transient guests for the purpose of providing low cost public travel accommodations to recreational travelers. The hostel shall provide a kitchen and sanitary facilities for use by transient guests. Hotel means any building or portion thereof containing five (5) but no more than twenty (20) guest rooms or suites each used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit wherein meals may be provided for compensation or profit to guests occupying the overnight accommodations. Provision of regular meals to other than transient occupants of the facility shall require a coastal development use permit. Household Pets means animals or fowl ordinarily permitted in the dwelling area and kept for company or pleasure and not for profit such as dogs, cats, birds, and similar small animals, but not including a sufficient number of animals to constitute a kennel.

16 Sec Definitions (I). (A) "Implementing Ordinance" means the ordinances, regulations, or programs which implement either the provisions or the policies of the certified local coastal program. (B) "Inn" means any building or portion thereof or group of buildings containing five (5) or more guest rooms or suites each used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit, and where regular meals may be provided for compensation or profit to guests occupying the overnight accommodations. Provisions of regular meals to other than transient occupants of the facility shall require a coastal development use permit. (Ord. No (part), adopted 1991) Sec Definitions (J). (A) "Junk Yard" means any land, lot or portion thereof where there is more than (1) one hundred (100) square feet for parcels less than forty thousand (40,000) square feet, or (2) four hundred (400) square feet for parcels greater than forty thousand (40,000) square feet of waste, discarded or salvaged materials bought, sold exchanged, stored, baled, cleaned, packed, disassembled, or handled, and including used furniture and household equipment yards, house wrecking yards, used lumber yards, and the like; excepting a site on which such uses are conducted within a completely enclosed structure. (Ord. No (part), adopted 1991) Sec Definitions (K). (A) "Kennel" means any lot, building, structure, enclosure or premises whereupon or wherein are kept seven (7) or more dogs, cats or similar small animals over eight (8) weeks of age, in any combination, for more than ten (10) days, whether such keeping is for pleasure, profit, breeding or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, or kept for hire. (B) "Kitchen" or "Kitchenette" means any room or portion of a building used or intended or designed to be used for cooking or the preparation of food, whether the cooking unit be permanent or temporary and portable, including any room having a sink and cooking stove that has a flat top with plates or racks to hold utensils over flames or coils. (Ord. No (part), adopted 1991) Sec Definitions (L). (1) "Land Use Plan" means the relevant portions of a local government's general plan, or coastal element which are sufficiently detailed to indicate the kinds, location, and intensity of land uses, the applicable resource protection and development policies and, where necessary, a listing of implementing actions.

17 (2) Lateral Access. See Access, Lateral. (3) "Living Area" means the interior inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any accessory structure. (4) "Living Unit" means any building or vehicle designed or used for human habitation, including but not limited to a dwelling, accessory living unit, farm employee housing, farm labor camp, or mobile home. (5) Living Unit, Accessory. See Accessory Living Unit. (6) "Local Coastal Element" means that portion of a general plan applicable to the coastal zone which may be prepared by local government pursuant to Division 20 of the Public Resources Code, or such additional elements of the local government's general plan prepared pursuant to Section of the Government Code, as the local government deems appropriate. (7) "Local Coastal Program" means a local government's (1) land use plans, (2) zoning codes, (3) zoning district maps, and (4) within sensitive coastal resource areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of, this division at the local level. (8) Lodging House. See Hotel. (9) "Lot" means a single parcel of contiguous real property shown as a delineated parcel of land with a number or other designation on a map of subdivision created pursuant to the Subdivision Map Act and recorded in the Mendocino County Recorder's Office; or a parcel of real property that qualifies for a Certificate of Compliance pursuant to Government Code Section "Lot" shall also mean "parcel", but does not include road easements or right-of-way. (10) "Lot Area" means the total area, within the boundary lines of a lot, exclusive of easements as required in the County Division of Land Regulations for parcels zoned RR, SR, RV, FV, C, I and PF. (11) "Lot, Corner" means a lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees. (12) "Lot Coverage" means the percentage of gross lot area covered by all buildings and structures on a lot, including decks, and porches, whether covered or uncovered, and all other projections except eaves.

18 (13) "Lot, Double Frontage" means a lot fronting on two (2) parallel or approximately parallel streets. (14) "Lot Depth" means the horizontal distance of a straight line between the mid points of the front and rear lot lines. (15) "Lot, Flag" means a lot with narrow frontage and a long driveway or strip of land connecting with a street. (16) "Lot, Interior" means a lot other than a corner lot. (17) "Lot, Key" means an interior lot adjacent to a corner lot, the side lot of which is contiguous with the rear lot line of the corner lot. (18) "Lot Line" means any property line bounding a lot. (19) "Lot Line, Exterior" means a property line abutting a public or private road or streets. (20) "Lot Line, Front" means the line separating the front of the lot from the street rightof-way. When a lot or building site is bounded by a public street and one (1) or more alleys or private easement or private streets, the front lot line shall be the lot line that is nearest to the public street. In the case of a flag lot, the front lot line shall also include the lines, or portion of lines, on both sides of the strip of land that connects the lot with the street, the line that is closest to and generally parallel to the street right-of-way, and the line that is established by projecting the line that intersects the strip of land, across the strip of land. In the case of irregular frontage or access, the front lot line shall be determined by the Coastal Permit Administrator. (21) "Lot Line, Rear" means the most distant lot line opposite and parallel to the front lot line; in the case of an irregular lot, the line most closely paralleling the front lot line. (22) "Lot Line, Side" means any lot line other than a front or rear lot line. A lot line separating a lot from a street shall be the street-side lot line. (23) "Lot Line, Street" means any lot line abutting on a street. (24) "Lot, Nonconforming" means a lot which has been lawfully separated from adjoining property by map or a metes and bounds description as on a deed but does not meet the standards required of a lot or building site. (25) Lot Size. See Lot Area.

19 (26) "Lot, Width" means the horizontal distance between side lot lines measured at the front yard setback line. (27) "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this Division. (Ord. No (part), adopted 1991) Sec Definitions (M). (A) Mail Order Businesses means the storage, sale and delivery of goods and merchandise produced on or off the premises to retail or wholesale consumers by way of the mails, delivery services, or in any other manner in which visitation to the premises by the wholesale or retail consumers is strictly incidental. B) Major Public Works and Energy Facilities means facilities that cost more than one hundred thousand dollars ($100,000) with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, ,30611 or (C) Major Vegetation, Removal or Harvesting shall be defined to include one or more of the following: (1) The removal of more than fifteen (15) trees or ten (10) percent of the total number of trees on the parcel, whichever is less, with a diameter of twelve (12) inches or a circumference of thirty-eight (38) inches or more measured at four and one-half (4 ½) feet vertically above the ground; or (2) The removal of trees within a total contiguous ground area of six thousand (6,000) square feet, or within a noncontiguous area or areas not exceeding a total of six thousand (6,000) square feet measured as the area located directly beneath the tree canopy; or (3) The Planning and Building Services Director may determine that a proposal to remove vegetation constitutes major vegetation removal if the Planning and Building Services Director finds that it may result in a significant impact. In making a finding that the proposed major vegetation removal may result in a significant impact, the Planning and Building Services Director shall review the proposal and determine if any of the following conditions exist or are proposed:

20 (a) The vegetation removal involves the use of heavy equipment, or (b) The vegetation removal is proposed on a steep slope (fifteen (15) percent or greater) and removal of vegetation may result in soil erosion or landslide, or (c) (d) (e) The vegetation removal is located within or adjacent to an environmentally sensitive habitat, or The vegetation removal may result in significant exposure of adjacent trees to wind damage, or The vegetation removal may result in significant degradation of the viewshed. (f) The removal of one or more trees which measure twenty-four (24) inches or more in diameter at breast height and which are visually or historically significant, exemplary of their species, or ecologically significant. (4) Exempt from this definition would be one or more of the following: (a) (b) (c) (d) Removal of trees and other vegetation that have been reviewed and approved in conjunction with an associated development permit; or Removal or harvesting of vegetation for agricultural purposes in areas presently used for agriculture; or Kelp harvesting; or Timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z berg- Nejedly Forest Practice Act of 1973 (commencing with Section 4511). (D) (E) Manufactured home means a structure that is transportable in one (1) or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It includes recreational vehicles, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. Manufactured Home Park or Subdivision. See Mobile Home Park.

21 (F) (G) (H) (I) (J) Mean Sea Level means the average height of the sea for all stages of the tide over a nineteen (19) year period, usually determined from hourly height observations on an open coast or in adjacent waters having free access to the sea. Mobile Home means a transportable structure built on a chassis for movement, and designed to be used as a dwelling without permanent foundation when connected to the required utilities. No such structure shall be deemed to be a mobile home which is less than eight (8) feet wide or forty (40) feet in length. Mobile Home, Converted means a mobile home, certified under the National Mobile Home Construction and Safety Standards Act of 1974, on a foundation system pursuant to Section of the California Health and Safety Code. Mobile Home Lot means an area or tract of land or portion of a mobile home park designated or used for one (1) mobile home. Mobile Home Park means an area or tract of land where two (2) or more mobile homes are rented or leased or held for rent or lease to accommodate mobile homes for human habitation; provided that mobile home park does not include: (1) Premises on which any trailer coaches are parked for inspection and sale; (2) Premises on which all but one (1) of the trailer coaches are used exclusively for temporary uses pursuant to Temporary Use Regulations in Chapter ; (3) Premises on which all but one of the trailer coaches are used exclusively to provide farm employee housing or as a farm labor camp. (K) (L) Model Home means an unoccupied dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for sale or rental for the first time in a particular subdivision or other residential development which maybe comprised of one-family, two-family, or multiple dwellings, or a combination thereof. Motel means any building or portion thereof or group of buildings containing five (5) or more guest rooms or suites where such rooms or suites are directly accessible from an outdoor parking area and where each is used, designated or intended to be used, let or hired out for occupancy by transient guests for compensation or profit.

22 Sec Definitions (N). (A) "Neighborhood Commercial" means commercial service of a small scale, convenience retail stores and services located in and providing direct services to residential uses in CSR and CRV Zoning Districts. (B) "New Construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this Division. (C) Nonconforming Lot. See Lot, Nonconforming. (D) "Nonconforming Structure" means a building, structure or facility, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this Division to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (E) "Nonconforming Use" means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this Division to it, no longer conforms to the specific regulations applicable to the zone in which it is located. (F) "Nontransient Lodging" means the use of a portion of a dwelling unit for accessory, rental occupancy by one (1) family exceeding thirty (30) consecutive days in duration. (Ord. No (part), adopted 1991) Sec Definitions (O). (A) (B) (C) (D) Ocean Ranching means aquaculture where juvenile anadromous fish are reared and released into state waters to grow and return to be harvested commercially. Off-site Service Providers means businesses where the primary activity is conducted off-premises from the location of the business office or equipment, vehicle, or supply storage. Such business may include but is not limited to contractors, tradespeople, equipment servicers, or instructors. Off-Site Sign See Sign, Off-Site. Onshore facility as used in Section means: (1) Pipelines and pipeline facilities: Pipelines, pipeline landfalls and other related methods by which crude oil and gas are transported to crude oil and gas processing and support facilities;

23 (2) Storage facilities: Facilities for the purpose of storing crude oil and gas, including tank farms, or storing chemicals, drilling muds, cuttings, produced waters and other toxic materials used in the production of oil and gas products; (3) Staging areas: Facilities, yards and other areas designated for the purpose of transporting equipment to be used in, or personnel employed in, the construction or operation of oil drilling facilities; (4) Waste disposal facilities: Facilities for the purpose of disposing of chemicals, drilling muds, cuttings, produced waters and other toxic materials generated in the course of drilling oil and gas wells, or in the production of oil and gas, or oil and gas products, and permanent facilities designed for waste generated by accidents and spills during any phase of offshore oil and gas development. (E) Open coastal waters means the open ocean underlying the continental shelf and its associated coast line. Salinities exceed 30 parts per thousand with little or no dilution except opposite mouths of estuaries. (F) Open Space. See Chapter and Chapter (G) (H) (I) (J) Open Space Easement means an easement established pursuant to Government Code Section or 51080, or an easement which ensures the retention of land in open space. Organized Camp means a site with program and facilities established for the primary purpose of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives for five (5) days or more during one (1) or more seasons of the year. Original Jurisdiction means whichever County body or person has the initial authority to take action for approval, conditional approval, or denial, regardless if that action is appealable or final. Owner, Property means the person or persons, firm, corporation, or partnership holding legal or equitable title or recorded contract or purchase of property, or any person authorized by written instrument to act for the owner. Sec Definitions (P). (A) "Paleontological Site" means a site containing fossil remains of life from geological periods predating mankind. See also Archaeological Site.