Chapter 18.02
DEFINITIONS
Sections:
18.02.010 Purpose and applicability.
18.02.020 Rules for construction of language.
18.02.010 Purpose and applicability.
The purpose of this article is to ensure precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context clearly indicates a different meaning or construction. (Ord. 5-00 §2 Exh. A (part), 2000).
18.02.020 Rules for construction of language.
In addition to the general provisions of the municipal code, the following rules of construction shall apply:
A. The particular shall control the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
C. “And” indicates that all connected words or provisions shall apply.
D. “Or” indicates that the connected words or provisions may apply singly or in any combination.
E. “Either...or” indicates that the connected words or provisions shall apply singly but not in combination.
F. In case of conflict between the text and a diagram, the text shall control.
G. All references to departments, commissions, boards, or other public agencies are to those of the city of Half Moon Bay, unless otherwise indicated.
H. All references to public officials are to those of the city of Half Moon Bay, and include designated deputies of such officials, unless otherwise indicated.
I. All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or city holiday, it shall be extended to the next working day.
J. Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.
K. The present tense includes the future, and the future the present.
L. The singular number includes the plural and the plural the singular.
M. References in the masculine and feminine genders are interchangeable.
N. The words “activities” and “facilities” include any part thereof. (Ord. 5-00 §2 Exh. A (part), 2000).
18.02.040 Definitions.
“Abutting” or “adjoining” means having district boundaries or lot lines in common.
“Accessory building” or “accessory structure” means a detached subordinate building, the uses of which are incidental to a permitted principal use conducted within the main or principal structure on a parcel. An accessory building or use is not permitted without a permitted use on the property. An accessory dwelling unit is not considered an accessory building or accessory structure. For purposes of Chapter 18.33 (Accessory Dwelling Units), an accessory structure must be fully enclosed.
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons on the same parcel as a primary dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also includes the following: (1) an efficiency unit, as defined in Health and Safety Code Section 17958.1, and (2) a manufactured home, as defined in Health and Safety Code Section 18007.
“Accessory use” means a use incidental and subordinate to the permitted or principal use on a property. An accessory building or use is not permitted without a permitted use on the property.
Acre, Gross. “Gross acre” means a measure of land area equal to forty-three thousand five hundred sixty square feet.
Acre, Net. “Net acre” means a measure of developable land area, after excluding dedicated rights-of-way, flood control and drainage easements, and permanent dedicated open space.
“Active ground-floor dependent use” means a commercial or public space that is reliant on pedestrian foot traffic, generally open to the public, generates a high volume of customer or visitor traffic, provides ground-floor display windows to promote views into the business, and sells goods that are typically consumed on premises or carried away by customers or services of a personal or recreational nature. Inactive uses are typically not open to the general public, generate a lower volume of customer or visitor traffic, tend to have screened windows to maintain privacy (such as offices and residential uses) and are thereby not oriented to pedestrian foot traffic.
“Affordable housing” means housing that is (1) restricted to occupancy by lower income households, including extremely low and very low income households for a specified period of time that is not less than twenty-five years; and (2) has rents or prices that do not exceed the affordable housing cost as set forth in Health and Safety Code Section 50052.5 as amended.
“Aggrieved person” means a person who informed the city of his or her concerns about an application for a local coastal development permit or any other discretionary permit such as a variance or use permit at a public hearing, either in person or through a representative, or by other appropriate means such as in writing, or was unable to do so for good cause; and
A. Objects to the action taken on the local coastal development permit or discretionary permit; and
B. Documents that they are a legal resident of Half Moon Bay or owner of property in Half Moon Bay; and
C. Completes the required city appeal form completely and accurately. The appeal will not be deemed complete and timely filed until all information on the appeal form is verified by the community development director; and
D. Wishes to appeal any appealable action to a higher authority.
“Alley” means a public way having a width of not more than twenty feet permanently reserved primarily for pedestrian and vehicular service access to the rear or side of properties otherwise abutting on a street, and not intended for general traffic circulation.
“Alter” and/or “alteration” means to make a change in the allocation or configuration of interior space, exterior appearance, or the supporting members of a structure, such as bearing walls, columns, beams or girders, that may result in a change of the use within or otherwise prolong the life of the structure.
“Amendment” means a change in the wording, context or substance of this title, or a change in the district boundaries on the zoning map.
Animal, Domestic. “Domestic animal” means small animals of the type generally accepted as pets, including dogs, cats, rabbits, hens, fish and the like, but not including roosters, ducks, geese, pea fowl, goats, sheep, hogs or the like.
Animal, Exotic. “Exotic animal” means any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
Animal, Large. “Large animal” means an animal larger than the largest breed of dogs. This terms includes boars, cows, goats, horses, llamas, mules, domestic pigs, sheep and other mammals customarily kept in corrals or stables.
Animal, Small. “Small animal” means small domestic animals of the type customarily kept as household pets, including birds other than domestic fowl, cats, chinchillas, dogs, fish, guinea pigs, miniature pigs, small reptiles, rodents and other similar animals no larger than the largest breed of dogs.
“Appealable area” means any area of the city that is:
A. Between the sea and the first public road paralleling the shoreline or within three hundred feet of the inland extent of any beach or the mean high tide where there is no beach; or
B. Within three hundred feet of the top of any coastal bluff or the line of mean high tide, whichever is further inland; or
C. Within one hundred feet of any wetland, estuary, stream, or other designated environmentally sensitive habitat or coastal resource.
“Applicant” means the person, partnership, corporation, governmental agency or other entity applying for a permit.
“Approving authority” means the final decision-making person, board, commission or council for any discretionary permit.
“Balcony” means a platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet.
“Basement” means that portion of a building between the floor and ceiling which is partially below and partially above grade, or completely below grade. A basement, when designed for or occupied for business or manufacturing or for dwelling purposes (recreation rooms without kitchens excepted) shall be considered a story and requires a seven and one-half foot clearance between floor and ceiling with no obstructions.
“Boarding house” means a building with not more than five guest rooms where lodging and meals are provided for not more than ten persons, but shall not include rest homes of convalescent homes. Guest rooms numbering six or over shall be considered a hotel.
“Buildable area” means that area of a building site within the established setback areas. No construction or portion of a building will be allowed beyond the buildable area of a lot without planning commission approval of a variance or exception as may be provided for in this title in each case.
“Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.
“Building site” means and includes one or more subdivided lots or portions thereof assembled to create a site for purposes of constructing a building or buildings in accordance with this title. All plans and specifications submitted in conjunction with any required planning and/or building permits shall clearly show and define the boundaries of any and all subdivided lots or portions thereof comprising the proposed building site. All development standards such as gross floor area and required setbacks shall be established based upon the proposed building site as indicated on the plans submitted.
“Caretaker’s quarters” means a dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied by a guard or caretaker.
Cellar. See “basement.”
“Coastal Act” means the California Coastal Act of 1976, as amended.
“Coastal development permit” means a separate discretionary permit for any development within the coastal zone that is required pursuant to this title and subdivision (a) of Section 30600 of the Public Resources Code.
“Coastal zone” means that portion of the coastal zone, as established by the Coastal Act of 1976 or as subsequently amended, that lies within the city of Half Moon Bay, as indicated on a map on record with the planning department.
“Collection buildings” means buildings with a gross floor area of two hundred twenty-five square feet or less used for the deposit and storage of household articles or recyclables donated to a nonprofit organization.
“Conditionally permitted” means permitted subject to approval of a conditional use permit or temporary conditional use permit.
“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interior space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.
“Conforming building” means a building that fully meets the requirements of the Uniform Building Code as most recently adopted by ordinance of the city council and also conforms to all property-development regulations and requirements prescribed for the district in which it is located and as set forth in this title.
“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts (see also “balcony”).
“Distribution line” means an electric power line bringing power from a distribution substation to consumers.
“District” means a portion of the city within which the use of land and structures and the location, height and bulk of structures are governed by this title. This title establishes “base zoning districts” for residential, commercial, industrial, public and open space uses, and “overlay districts,” which may modify or complement base district regulations.
“Domestic fowl” means chickens, ducks, geese, pea fowl, pigeons, turkeys and other fowl typically used for food or food products.
“Dormer” means the projection built out from a sloping roof to accommodate a window.
“Dwelling unit” means one or more rooms with a single kitchen and sanitation facilities, designed for occupancy by one family for living and sleeping purposes.
Dwelling, Multifamily. “Multifamily dwelling” means a building containing three or more dwelling units.
Dwelling, Single-Family. “Single-family dwelling” means a building containing one dwelling unit.
Dwelling, Two-Family. “Two-family dwelling” means a building containing two dwelling units.
“Efficiency unit” has the same meaning as set forth in California Health and Safety Code Section 17958.1.
Environmental Impact Report (EIR). A report complying with the requirements of the California Environmental Quality Act (CEQA) and its implementing guidelines.
“Exceptional lot” means a lot in the R-1-B-1 or R-1-B-2 zoning district that does not meet the minimum average width and/or lot area requirement for the zoning district in which the parcel is located, but has an average lot width of at least fifty feet and provides at least five thousand square feet in gross lot area, and was legally created and conforming, pursuant to the requirements of the Subdivision Map Act, prior to December 7, 2004. In addition, a lot may only be considered exceptional if the lot was legally created pursuant to the coastal development permit requirements of the Coastal Act and its predecessor statute.
Exemption, Categorical. “Categorical exemption” means an exception from the requirements of the California Environmental Quality Act (CEQA) for a class of projects, based on a finding by the California Secretary for Resources that the class of projects does not have a significant effect on the environment.
“Family” means two or more persons living together as a single housekeeping unit in a dwelling unit, provided that this shall not exclude the renting of rooms in a dwelling unit as permitted by district regulations.
Floor Area, Gross. “Gross floor area” means the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including: enclosed garages; halls; stairways and elevator shafts measured on one floor only; service and mechanical equipment rooms; basement areas even if unimproved; attic areas if improved; and crawl spaces that are four and one-half feet or more. Where an open interior space extends from a finished floor to a height over fifteen feet with no interruption, at the mid-point half of this vertical area the horizontal area between surrounding walls or floor area shall be included in the calculation of gross floor area. A total of fifty square feet of second floor covered decks are not included in the definition of floor area.
“Floor area ratio” means the gross floor area of the building or buildings on a lot, including area used for required parking and loading, divided by the area of the lot.
“Front wall” means the wall of the building or other structure nearest the street upon which the building faces but excluding certain architectural features as specified in this title.
“Gable” means the outward facing triangular portion of a wall that connects two sloping sides of the roof.
Garage, Private. “Private garage” means an accessory building or portion of a main building designed for the storage of self-propelled passenger vehicles.
Garage, Public. “Public garage” means any building or premises, except those herein defined as a private garage, used for the storage or care of self-propelled vehicles, or where such vehicles are equipped for operation or repair, or kept for remuneration, hire or sale.
“General day care” means nonmedical care and supervision, other than family day care, for children or adults for periods of less than twenty-four hours per day, including nursery schools, preschools, and day care centers for children or adults licensed by the state of California.
“General plan” means the city of Half Moon Bay general plan and its elements, as amended, and the land use plan.
Grade, Existing. “Existing grade” means the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a development project regulated by this title.
Grade, Finished. “Finished grade” means the average of the finished grade as measured from the corners of the lot or building site.
Grade, Street. “Street grade” means the top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.
Greenhouse, Commercial. “Commercial greenhouse” means a glasshouse or similar structure or material for the propagating and cultivation of plants to be sold commercially.
Greenhouse, Hobby. “Hobby greenhouse” means a glasshouse or similar structure or material for the propagating and cultivation of plants as a hobby. No sales whatsoever will be permitted for plants grown as a hobby.
“Gross area of a lot, parcel or site” means the total of all area within the property lines.
“Guest house” means living quarters within a main or an accessory building for the sole purpose of providing for persons employed on the premises, or for temporary use by guests of the occupants of the premises. Kitchens are not permitted within guest houses. “Guest house” does not include “accessory dwelling unit” as defined in this title.
“Height” means the vertical distance from existing grade to the highest point of the roof or the highest point of any structure directly above. Chimneys may exceed the maximum height limit to the extent required by the Uniform Building Code.
“Heritage Main Street” means the 300, 400, 500, and 600 blocks of Main Street between Pilarcitos Creek and Correas Street.
“Historic structure” or “building” means any structure or building identified by the city of Half Moon Bay, county of San Mateo, state of California, or the U.S. Government as having a special character, or special historical, architectural, cultural, or aesthetic interest or value to the community.
“Home occupation” means occupations conducted in a dwelling unit, garage or accessory building in a residential district that are incidental to the principal residential use of a lot or site.
“Hosting platform” means a person, legal entity, or an association of individuals that provide a means, which may or may not be internet-based, through which a short-term vacation rental is offered to the public, in exchange for a fee or other compensation. A hosting platform generally has the following attributes: allows a host to advertise a short-term vacation rental, and provides a means to arrange and enter into agreements to occupy short-term vacation rentals, whether payment of rent is made directly to the host or through the hosting platform.
“Hotel” means any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let or hired out to be occupied.
Illumination, Direct. “Direct illumination” means illumination by means of light that travels directly from its source to the viewer’s eye.
Illumination, Indirect. “Indirect illumination” means illumination by means only of light cast upon an opaque surface from a concealed source.
“Junior accessory dwelling unit” means a unit that is no more than five hundred square feet in size and contained entirely within an existing single-family structure, including an attached garage. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, as defined in California Government Code Section 65852.22.
“Junk yard” means premises on which more than two hundred square feet of the area thereof is used for the storage of junk, including scrap metal, wrecked automobiles, or other scrap or discarded materials, whether for storage, repair, or wholesale or retail resale.
“Kitchen” means a room or portion of a room primarily designed, intended, or used for the preparation and/or cooking of food.
“Landscaping” means an area devoted to or developed and maintained with native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping.
Landscaping, Interior. “Interior landscaping” means a landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and load facilities or to similar paved areas).
Landscaping, Perimeter. “Perimeter landscaping” means a landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).
“Large family day care” means a home that regularly provides care, protection, and supervision for nine to fourteen children under eighteen years of age in the provider’s own home (including children under the age of ten years who reside at the home) for periods of less than twenty-four hours per day while the parents or guardians are away.
“Loading space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and that adjoins a street, alley or other appropriate means of access.
“Local coastal program” means the city’s local coastal program, including its land use plan, zoning ordinances, zoning maps and other implementing actions certified by the coastal commission as meeting the requirements of the California Coastal Act of 1976.
“Lot” means a site or parcel of land that has been legally subdivided, re-subdivided or combined.
“Lot area” means the total square footage of a legally subdivided parcel, excluding any applicable public easement for street use.
Lot, Corner. “Corner lot” means a site bounded by two or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five degrees.
“Lot depth” means the computed average distance between the front lot line and the rear lot line.
Lot, Double-Frontage. “Double-frontage lot” means an interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line.
Lot, Flag. “Flag lot” means a lot shaped or designed so that the lot has no direct street frontage and access except from a narrow strip of land.
Lot, Interior. “Interior lot” means a lot other than a corner or double-frontage.
Lot or Property Line, Front. “Front lot or property line” means in the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street lot line, except in those cases where the latest tract deed restrictions, approved as a part of a subdivision approval, specify another line as the front property line.
Lot or Property Line, Interior. “Interior lot or property line” means a lot line not abutting a street.
Lot or Property Line, Rear. “Rear lot or property line” means a lot line which is not a front as defined herein, which is parallel or approximately parallel to and opposite the front lot line. In the case of an irregularly-shaped lot, a line within the lot most nearly parallel to and at the farthest distance from the front lot line.
Lot or Property Line, Side. “Side lot or property line” means any lot line that is not a front lot line or rear lot line.
Lot or Property Line, Street. “Street lot or property line” means a lot line abutting a street.
“Lot or site coverage” means the percentage of a building site covered by all structures, open or enclosed, on the site, measured horizontally to the outside face of exterior walls or structural members. Decks more than thirty inches in height, balconies, chimneys and breezeways are also included in lot coverage. On standard sized lots, roof or soffit overhangs which do not extend beyond two and one-half feet from a wall, and architectural projections or window projections not providing floor area which do not extend beyond the two-and-one-half-foot eaves above are not included in lot coverage. On all substandard sized lots, roof overhangs that extend a maximum of one and one-half feet from a wall are not included in lot coverage; all other features are included.
“Lot width” means the computed average distance between the side lot lines.
“Manufactured home” means a modular housing unit on a permanent foundation that conforms to the National Manufactured Housing Construction and Standards Act. For purposes of this definition, a mobile home is considered a manufactured home.
“Mixed use” means the combination of nonresidential and residential uses located on the same property as part of a unified development. Mixed-use development consists of commercial and residential uses integrated either vertically (vertical mixed use) in the same structure or group of structures, or horizontally on the same development site (horizontal mixed use) where parking, open spaces, and other development features are shared. In a mixed-use development, both uses are considered primary uses of the land.
“Municipal code” means the laws of the city of Half Moon Bay codified in the book titled the Half Moon Bay Municipal Code.
“Net area of a lot, parcel or site” means the total of all area within the property lines excluding public-access corridors, flood control and drainage easements, vehicular easements, environmentally sensitive habitat areas and any required buffer zones, and any area to be included in future street rights-of-way as established by easement, dedication or ordinance.
“Nonconforming structure” means a structure that was lawfully erected but which does not conform with the current standards for yard spaces, height of structures, lot coverage, floor area ratios or distances between structures prescribed in the regulations for the district in which the structure is located by reasons of adoption or amendment of this chapter or by reason of annexation of territory to the city.
“Off-street loading facilities” means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.
“Off-street parking facilities” means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.
Open Space, Common. “Common open space” means an open space within a residential development that is reserved for the exclusive use of residents of the development and their guests.
Open Space, Private. “Private open space” means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
Open Space, Public. “Public open space” means that portion of a development site that has been dedicated to or otherwise set aside for public access, use or benefit.
Open Space, Total. “Total open space” means the sum of private and public open space.
Open Space, Usable. “Usable open space” means outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility or service areas, or any required front or corner side yard, and excluding any space with a dimension of less than six feet in any horizontal direction or an area of less than forty-eight square feet.
Outdoor Living Area. See “open space, usable.”
“Parking space” means space within a building, or a public or private exterior parking area, exclusive of driveways, ramps, columns, and office, storage or work areas, for the parking of one automobile.
Parking Space, EV. “EV parking space” means a public or private parking space with access to an electric vehicle charging station with at least level 2 capacity or equivalent per California Building Standards Code.
“Parking structure” means an enclosed or semi-enclosed area containing a ceiling or roof, used primarily for the temporary storage of motor vehicles, constructed either above or below grade, freestanding, or as part of a nonresidential building.
“Permitted” means permitted as a matter of right without a requirement for approval of a use permit or temporary use permit. An accessory building or use is not permitted without a permitted use on the property.
“Permittee” means the person, partnership, corporation, governmental agency or other entity issued a permit.
Planned Unit Development Plans. Planned unit development plans may take any form deemed appropriate by the community development director, planning commission and city council, and may be adopted by resolution or ordinance of the city council or incorporated into a use permit to guide the orderly development of a parcel which is under one owner, a common ownership such as a single corporation, or under multiple ownerships and the site is to be developed under a cohesive development plan. For purposes of conformance with this title, planned unit development plans and specific plans are synonymous.
“Porch” means a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.
“Preexisting” means in existence prior to the effective date of the ordinance codified in this title.
“Primary residence” means residential property at which a person resides a majority of the time, carries on basic living activities, and the place he or she usually returns to, in the event of travel. Evidence, such as motor vehicle registration, voter registration, a homeowner’s exemption on the property tax bill, long-term lease of the residential property, or other similar documentation, may be required by the city to determine whether the property is the primary residence. For a renter-occupied property, a long-term tenant must have resided for a majority of time on the property for at least two years prior to initiating short-term vacation rental use.
“Principal use” means the primary use of the land or structures within a parcel, as opposed to any secondary or accessory uses of that parcel. For example, a house is a principal use of a parcel in a residential district while a home occupation is not. An accessory building or use is not permitted without a principal use on the property.
“Project” means any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, or development including the division of land on any parcel, lot or site that is subject to the provisions of this title.
Room, Habitable. “Habitable room” means a room meeting the requirements of the Uniform Building Code and this title for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages and similar spaces.
“Setback line” means a line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side or rear yards are specified, the setback line shall be coterminous with the corresponding lot line.
“Severely substandard lot” means a lot that provides fifty-five percent or less of the required lot width or lot area required in the zoning district in which it is found.
“Short-term vacation rental” means a residential or mixed-use property that contains a dwelling unit or habitable portion thereof that is offered for hire for transient occupancy for periods of thirty days or less. In residential zoning districts, short-term vacation rental use is incidental to the principal residential use of a dwelling unit or property. Nonpermanent housing such as for seasonal farmworker housing and short-term boarding for researchers and others employed or otherwise affiliated with agricultural uses are not short-term vacation rental facilities.
“Single ownership” means holding record title, possession under a contract to purchase or possession under a lease by a person, firm, corporation or partnership, individually, jointly in common or in any other manner where the property is or will be under unitary or unified control.
“Site” means a lot, or group of contiguous lots not divided by an alley, street, other right-of-way or city limit, that is proposed for development in accord with the provisions of this title, and is in a single ownership or has multiple owners, all of whom join in an application for development.
“Small family day care” means a home that regularly provides care, protection, and supervision for eight or fewer children under eighteen years of age in the provider’s own home (including children under the age of ten years who reside at the home) for periods of less than twenty-four hours per day while the parents or guardians are away.
“Specific plan” means a plan adopted by ordinance or resolution of the city council for the use or development within a defined geographic area that is consistent with the general plan and its elements, the local coastal program land use plan, and with the provisions of the California Government Code, Section 65450 et seq. (specific plans). Where the land use plan indicates a site shall be developed in accordance with a specific plan, a planned unit development plan as defined in this title may be substituted for a specific plan.
“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement is more than six feet above grade for more than fifty percent of the building perimeter, the basement shall be considered a story.
“Structure” means anything constructed or erected that requires a location on the ground, including but not limited to a building, a swimming pool, access drives or walks, but not including a fence or a wall used as a fence if the height does not exceed six feet, or infrastructure such as a road, pipe, flume, conduit, siphon, aqueduct, telephone line, electrical power transmission or distribution line.
“Substandard lot” means any lot of record which has either a lot width as defined herein or a lot area as defined herein that is less than the requirements in the zoning district in which the lot is located.
“Swimming pools and hot tubs” means water-filled enclosures having a depth of eighteen inches or more used for swimming, recreation or therapy.
“Transmission line” means an electric power line bringing power to a receiving or distribution substation.
“Unique archaeological resources” means an archaeological artifact, object or site that meets any of the following criteria:
A. Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information;
B. Has a special and particular quality such as oldest of its type or best available example of its type;
C. Is directly associated with a scientifically recognized important prehistoric or historic event or person.
“Used” means and includes the following: arranged, designed, constructed, altered, rented, leased, sold, occupied and intended to be occupied.
“Visible” means likely to be noticed by a person of average height walking on a public street or sidewalk or a public park or beach.
“Walk-in clientele use” means an office use, including a business or professional office, health service, travel agency, or real estate office, providing direct services to patrons or clients that may or may not require appointments and maintains a visibly open storefront and regular business hours. It does not include banks or check-cashing facilities that are separately classified and regulated.
“Water feature” means any man-made body of water constructed or installed on a site that is not intended for human use or contact such as fish ponds or fountains.
“Wetland” means the definition of wetland as used and as may be periodically amended by the California Department of Fish and Game, the California Coastal Commission and the US Fish and Wildlife Service.
Window, Required. “Required window” means an exterior opening in a habitable room.
“Working day” means any day that city hall is open for business.
“Yard” means an open space on the same site as a structure as required by the setback rules contained in this chapter, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this chapter, including a front yard, side yard or rear yard.
Yard, Corner Side. “Corner side yard” means a yard between the street facing side lot line on a corner lot and the nearest line of building.
Yard, Front. “Front yard” means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site. The front yard of a corner lot shall adjoin the shortest street property line along its entire length, provided that where street property lines are substantially the same length, the community development director shall determine the location of the front yard.
Yard, Rear. “Rear yard” means a yard, extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site, except that on a corner lot the rear yard shall extend only to the side yard abutting the street.
Yard, Side. “Side yard” means a yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the side yard on the street side of a corner lot shall extend to the rear lot line.
“Zoning administrator” means the community development director, or his or her designee.
“Zoning ordinance” means the zoning ordinance of the city of Half Moon Bay, as may be adopted and amended from time to time. (Ord. C-2023-02 §2(Att. A), 2023; Ord. C-2022-04 §2(Att. A), 2022; Ord. C-2020-02 §2(Att. A)(part), 2020; Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2016-03 §1, 2016; Ord. C-2015-04 §1(part), 2015; Ord. C-2014-10 §2, 2014; Ord. C-2013-08 §1, 2013; Ord. C-2013-01 §1, 2013; Ord. C-8-11 §1, 2011; Ord. C-15-10 §1(Exh. A)(part), 2010; Ord. 5-07 §1, 2007; Ord. O-2-06 §1, 2006; Ord. O-6-04 §1(Exh. A)(part), 2004; Ord. 5-00 §2(Exh. A)(part), 2000).