Abutting or Adjoining: Having a common border, boundary, or lot line.

Accessory Use or Structure: A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. An accessory use or structure does not include an accessory dwelling unit or a junior accessory dwelling unit.

Acre: 43,560 square feet of land area.

Agent of Owner: A person authorized to act for the property owner.

Alley: A public way not more than 30 feet wide that is permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Alteration: Any exterior change to a structure, site, or feature or change in occupancy.

Animal, Domestic: Small animals of the type generally accepted as pets, including dogs, cats, rabbits, fish and the like, but not including hens, roosters, ducks, geese, pea fowl, goats, sheep, hogs or the like.

Animal, Exotic: Any wild animal not customarily confined or cultivated by humans for domestic or commercial purposes but kept as a pet or for display.

Animal, Large: An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.

Animal, Small: An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels.

Area, Lot, Parcel, or Site: The horizontal area within the property lines.

Areas, Specified Anatomical: Human genitals (pubic region), buttocks, or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Attached: Having one continuous wall or roof.

Automobile Repair, Major: Includes rebuilding or reconditioning of major vehicular transmission and engine components of motor vehicles or trailers, body work, fender repair, overall painting, and use of open flame or welding.

Automobile Repair, Minor: Includes upholstering, the replacement of parts and/or general mechanical repair service to automobiles and trucks not exceeding 1 ton capacity without removal of major vehicular transmission and engine components, but excludes services listed under “Major Automobile Repair.”

Automobile Service Station/Filling Station: A place where motor fuel (including gasoline, kerosene or other similar fuel), lubricating oil or grease is offered for sale to the public and delivered directly into motor vehicles. Services that may be performed on motor vehicles include tube and tire repair, battery charging, automobile greasing, automobile washing and detailing (not including mechanical automobile washing), but excludes repairs or services listed under “Major Automobile Repair”.

Balcony: A platform that projects from the wall of a building 30 inches or more above grade.

Basement: A finished or unfinished underground room or excavated space that has a floor. Such spaces that have an interior height that is greater than 6'11" are considered habitable space and shall be considered floor area. Underground areas that do not have any windows, doors, or exterior access are not considered floor area.

Bathing Facilities

Bedroom: Any habitable room other than a living room, family room, bathroom, dining room, or kitchen shall be considered a bedroom if:

Blockface: The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

Boarder: A person occupying a part of any dwelling who, for a consideration, is furnished a meal or meals in such dwelling.

Boarding House: A dwelling where meals and lodging are provided for compensation for from three to five persons.

Building: Any structure used or intended for supporting or sheltering any use.

Building Permit: An administrative permit issued by the Chief of Inspection Services/Building Official to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure subject to the regulations of Chapter 9 of the City Code.

Bulkhead: A structure, including riprap or sheet piling, constructed to separate land or water and establishing a permanent shoreline.

Cannabis: As defined in Business and Professions Code Section 26001(f), as may be amended.

Cannabis Products: As defined in Business and Professions Code Section 26001(i), as may be amended.

Cannabis Testing Laboratory: As defined in Business and Professions Code Section 26001(at), as may be amended.

Caretaker’s quarters: A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.

Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, psychologists, or social workers, practicing together.

Conditionally Permitted: Permitted, subject to approval of a use permit.

Condominium: 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 interest in 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.

Convenience Market: An establishment where retail sales of food, beverages, and small convenience items, primarily for off premises consumption, occur. This definition excludes delicatessens and other specialty food shops.

Court: A space open and unobstructed to the sky, located at or above grade level on a lot and bound on three or more sides by walls of a building.

Deck: A platform less than 30 inches above the grade, either freestanding or attached to a building.

Designation: Formal action declaring a structure, site, or feature to be a landmark.

Dwelling, Multifamily: A building containing two or more dwelling units.

Dwelling, Single-Family: A building containing one dwelling unit. All rooms within the dwelling shall be interconnected. (See Family)

Dwelling Unit: One or more rooms with a single kitchen, designed for occupancy by one family for living and sleeping purposes.

Dwelling Unit, Studio: A dwelling unit containing one habitable room.

Elderly Housing: Housing for a family in which the head of the household is 60 years old or older, or for a single person who is 60 years old or older.

Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Entertainment, Live: A musical, theatrical, dance, cabaret, or comedy act performed by one or more persons. Any form of dancing by patrons or guests at an eating and drinking establishment or bar is live entertainment.

Family: An individual or two or more persons living together in a dwelling unit as a single housekeeping unit.

Feature: Any natural or man-made object on a site in the “H” overlay district.

Floor Area, Gross: The total enclosed area of all floors of a building, measured to the exterior-most surface. Floor area includes, but is not limited to, halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, chimneys, habitable basement area (as defined in this section), and habitable attic areas. Stairways and vaulted areas with an interior height that is greater than 16 feet are counted twice.

Floor Area Ratio (FAR): The total enclosed area of all floors of a building, measured to the outside face of the structural members and exterior walls, and including halls, stairways, elevator, shafts at each floor level, service and technical equipment rooms, and habitable basement or attic areas.

The Community Development Director or designee may exempt certain green building practices from floor area ratio requirements, such as the increased width of walls resulting from straw bale construction, earthen construction, or other types of energy efficient wall construction. The increased Floor Area Ratio is directly related to the loss of Floor Area Ratio due to Green Building Practices.

Commercial FAR: The gross floor area of the building or buildings on a lot, excluding area used exclusively for vehicle parking and loading divided by the area of the lot.

Mixed use and Multifamily Residential FAR: The gross floor area of the building or buildings on a lot, excluding area used exclusively for vehicle parking and loading, patios and decks, divided by the area of the lot.

Game Center: Any business or use containing four or more games of chance, sport, or science, or video, pinball or viewing machines, mechanical or electronic.

General Plan: The City of Monterey General Plan, as amended. A general, comprehensive, and long term plan for the physical development of the area under the City of Monterey’s jurisdiction.

Grade, Existing: The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.

Grade, Ground Level: The average of the finished ground level at the center of each major side of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level should be measured at the sidewalk. When determining the height of a building, the original grade or finished grade should be used, whichever is lower.

Grade, Street: The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

GreenPoints: GreenPoints are the Green Building Checklist requirements that Residential and Non-Residential Projects must follow before applying for a building permit. The two GreenPoints Checklists include the USGBC’s LEED rating standard for non-residential and Build It Green’s Green Building Guidelines rating standard for residential. (Ord 3414; 07/2008)

Guest House: Permanently constructed living quarter without kitchen or cooking facilities, which is clearly subordinate and incidental to the main building on the same lot. Guest houses shall not be separately rented, let or leased (by direct or indirect compensation). Guest house does not include an accessory dwelling unit or a junior accessory dwelling unit.

Height, Building: The plumb vertical distance from any roof or parapet point on the top of a building to the grade directly below prior to any grading as documented by topographic data. If finished, natural, or existing grades are different at the building’s exterior, the lowest of these will be used in applying this definition. Exceptions to height limits for elements such as chimneys are regulated in Municipal Code Section 38-106.

Home Occupation: Business activity conducted in a residential unit that is incidental to the principal residential use of the lot or site.

Hospitality Resource Panel: The Monterey Hospitality Resource Panel (HRP) is an alliance of business associations, government agencies, and community organizations dedicated to developing safe communities and healthy businesses through the promotion of responsible hospitality principles and practices. The panel will generally consist of, but not limited to representatives from the following organizations or agencies: Monterey Police Department, Monterey Fire Department, Monterey County Health Department, California Restaurant Association, Monterey Late Night Bar and Entertainment Association and California Department of Alcohol and Beverage Control. (Ord 3305; 5/2002)

Junior Accessory Dwelling Unit: A residential dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen consistent with building code standards, is contained entirely within the walls of an existing or proposed single-family dwelling, including attached garages, and either includes separate sanitation facilities or shares sanitation facilities with the existing residence.

Junk Yard: The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.

Kennel: Any premises where four or more dogs and/or cats at least four months of age are kept, boarded, or trained, whether in special buildings or runways or not.

Kiln, Large: A kiln greater than 3 cubic feet in size.

Kiln, Small: A kiln 3 cubic feet or less in size.

Kitchenette or Kitchen: Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dish washing; but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen.

Landscaping, Interior: 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 loading facilities or to similar paved areas).

Landscaping, Perimeter: 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).

Lodger: Any person other than a member of a family renting a room for living or sleeping purposes.

Lot: A piece or parcel of land occupied or intended to be occupied by a principal building or a group of buildings or used for a principal use and accessory uses together with such open spaces as required by this ordinance and having frontage on an improved and accepted public street which meets the standards of width and improvements specified by the City of Monterey.

Lot Coverage: As used in the residential zones, lot coverage is the coverage of all structures on a lot with the exception that uncovered decks, exterior stairways and required roofs on trash enclosures shall not be counted in lot coverage. (Ord 3326, 06/2003)

Lot Depth: The mean horizontal distance between the front and the rear lot lines, or between the front lot line and intersection of the two side lines, if there should be no rear lot line.

(The diagram is illustrative.)

Lot, Double-Frontage: An interior lot having frontage on more than one street with a street width greater than 30 feet. Each frontage shall be deemed a front lot line.

Lot, Interior: A lot other than a corner lot.

Lot Line, Front: The lot line separating the lot from the street.

Lot Line, Rear: The lot line opposite and most distant from the front lot line.

Lot Line, Side: Any lot line that is not a front lot line or a rear lot line.

Lot, Reversed Corner: A corner lot, the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of said corner lot.

Lot Width: The average width of the lot, measured at right angles to its depth.

Manufactured Home: A dwelling unit constructed in accord with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended. This definition is intended to include mobile homes and modular homes which meet federal standards for manufactured homes.

Maintenance: The act or process of conserving or repairing a historic structure, site, or feature in the “H” overlay district without modifying the form, detail, and materials.

Mezzanine: An intermediate floor between the first and second floors within a room containing not more than 33 percent of the floor area of the room.

New Construction: The act of renovating, reconstructing, or rebuilding all or portions of a building or structure, or making repairs or modifications to a building or structure that involves removal or replacement of 50 percent or more of both the structural framing and cladding or the exterior walls within a 24-month period. This applies to, but is not limited to, moving or removing windows, doorways, walls or any other feature. New construction also includes the addition of any new floor area. (Ord 3414; 07/2008)

Nonconforming Lot: A legally created lot having a width, depth, or area less than required for the zoning district in which it is located. This includes pre-existing lots created prior to the effective date of this ordinance which conformed to the zoning requirements for lot width, depth, or area applicable at the time.

Nonconforming Structure: A structure that was lawfully established and in existence at the time of this ordinance or any amendment became effective, but, due to the application of this ordinance or any amendment, no longer complies with all of the applicable regulations and standards of the zone in which the structure is located.

Nonconforming Use: A use of a structure or land that was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this chapter or by reason of annexation of territory to the city.

Nursing Home: Any premises with less than 15 sleeping rooms, where persons are lodged and furnished with meals and nursing care.

Off-Street Loading Facilities: A site or a portion of a site, including loading berths, aisles, access drives, and landscaped areas, devoted to the loading or unloading of people or materials from motor vehicles or trailers.

Off-Street Parking Facilities: 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, Private: 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, Shared: A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests.

Open Space, Usable: Usable open space shall be any portion of a lot, including decks, balconies, or the roof of a garage or carport, not over 12 feet above grade, which is landscaped and/or developed for recreational use or outdoor activities. Usable open space shall not include parking areas, driveways, or service areas, and shall not have a slope greater than 10 percent or any dimension less than 10 feet, except decks or balconies, which shall have a minimum dimension of 5 feet. Decks shall not be counted as usable open space where they are used principally as a passageway and entrance to the dwelling units. Where decks are private in nature or are for the general use of tenants residing on the property and do not serve solely as a passageway, such decks may be counted as usable open space when otherwise conforming with the requirements of this Chapter.

Parking Area, Private: An area used for the parking of motor vehicles, boats or trailers by persons in residence or employed upon the premises.

Parking Area, Public: An area, other than a street or other public way, used for the parking of automobiles and available to the public for a fee, free of charge, or as an accommodation for clients or customers.

Parking Space: A readily accessible area maintained exclusively for the parking of one motor vehicle. The parking space may be either within a structure or in the open and shall not include driveways, ramps, loading or working areas, and shall conform to dimensions established by City resolution.

Parking, Under Structure:

Patio: A paved court open to the sky.

Permitted Use: Permitted without a requirement for approval of a use permit.

Porch: An open or 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: In existence prior to the effective date of the zoning ordinance codified in this chapter.

Project: Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.

Room, Habitable: A room meeting the requirements of the Uniform Building Code, as amended by Chapter 5 of the City Code, 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.

Seating, Outside Incidental: Seating area not exceeding 150 square feet in size.

Seating, Outside, Major: Seating area over and above 150 square feet in size.

Setback Line: A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, corner 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.

Sexual Activities, Specified: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts.

Short-term Residential Rental: Rental of any residential building, portion of such building, or group of such buildings in which there are guest rooms or suites, including housekeeping units, for transient guests, where lodging with or without meals is provided for a period of less than a calendar month or less than 30 consecutive days. For the purposes of this definition, house “swapping” or trading without rent or other exchange of money shall be excluded. Rental of a residential unit by an owner-occupant who is temporarily away from the residence is also exempt from this ordinance, as long as such rental does not occur more than once in any 12-month period.

Stable: A detached building for the keeping of horses.

Storeroom, Large - Residential: A storage room exceeding 220 square feet.

Story: The portion of a building included between the upper surface of any floor and the upper surface of the floor above. The topmost story shall be the portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If a room, cellar, or unused under-floor area has more than 40% of the perimeter of the building over four feet above grade measured to the finished floor level above or is more than 12 feet above grade at any point measured to the finished floor level above, it shall be considered the first story. Any basement level that has a habitable room shall be considered the first story.

Story, Half: A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story.

Street: A public right-of-way, usually for vehicular travel, which provides a public means of access to abutting property. The term shall include: avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any similar term.

Structure: Anything built or constructed, which requires a permanent location on the ground or is attached to something having a permanent location on the ground.

Structures or Slabs Over the Water, Existing: Those existing structures or slabs extending beyond the mean high tide line as shown in Figure 28, Development Policies, on page IV - B - 16 in the Cannery Row Local Coastal Program Land Use Plan.

Studio Apartment: A dwelling unit with one habitable room together with a kitchen or kitchenette and bathroom facilities.

Substandard Lot: A lot in a residential zone consisting of less than 5,000 square feet in total area.

Supportive Housing: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Swimming Pools and Hot Tubs: Any constructed or prefabricated water filled enclosure having a depth of 24 inches or more, which is not drained, cleaned, or refilled for each individual, and is used for swimming or recreation.

Target Population: Persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.

Transitional Housing: Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculating of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

Transitional Use: A use which is appropriate, subordinate, and supportive of the main use, but is located on an adjacent site having a different zoning designation.

Undevelopable Land: Land where maximum development density may not be achieved because a portion of the land is undevelopable, due to the existence of slopes over 25%, land under water, and land within the 100-year beach erosion rate line. Land containing rare and endangered species, as generally defined in the City of Monterey’s General Plan and as specifically determined during the environmental review process, shall also be considered undevelopable. Undevelopable land shall be excluded from density calculations in the “PC” (Planned Community) District, Planned Unit Developments (PUDs), any new subdivision of land, and development on more than one acre of land.

Use, Accessory: A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

Vacation Time Share Projects: Any arrangement where the use, occupancy, or possession of real property circulates among purchasers of intervals of ownership according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, regardless of the name used to describe the method of use, occupancy, or possession. Vacation time share projects are prohibited within all zones in the City of Monterey.

Visitor Accommodation Facility: Any building, portion of any building, or group of buildings in which there are guest rooms or suites, including housekeeping units for transient guests, where lodging with or without meals is provided. The definition excludes Vacation Time Share Facilities.

Yard: An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this chapter, including a front yard, side yard, corner side yard, or rear yard.

Yard, Corner Side: A side yard on the street side of a corner lot.

Yard, Front: An open space extending the full width of the lot, measured between the building closest to the front lot line and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.

Yard, Rear: An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.

Yard, Side: An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.

Zone: A portion of the city where the use of land and structures and the location, height, and bulk of structures are governed by this chapter.

Zoning Map: The zoning map or maps of the City of Monterey, California, as amended.

Zoning Ordinance: The Zoning Ordinance of the City of Monterey, as amended, as set forth in Chapter 38 of the Monterey City Code. (Ord. 3674 § 14, 2023; Ord. 3670 § 2, 2023; Ord. 3653 § 19, 2022; Ord. 3641 §§ 1 – 6, 2021; Ord. 3634 § 3, 2020; Ord. 3571 § 3, 2017; Ord. 3560 § 2, 2017; Ord. 3554 § 2, 2016; Ord. 3545 § 2, 2016; Ord. 3428 § 1, 2009; Ord. 3424 § 1, 2009)