Article 02. - In General.


Sec. 26-02-010. - Purpose of chapter.

This chapter is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare. It is also adopted for the following specified purposes:

(a)
To provide for the orderly and beneficial land use of the county;
(b)
To protect the character and social and economic stability of agricultural, residential, commercial, industrial and other communities within the county;
(c)
To protect the public safety and welfare by regulating the location and uses of all structures and land;
(d)
To protect and conserve the scenic, recreational and natural resource characteristics of the county;

(Ord. No. 2392, § 4)

(e)
To provide for the orderly and timely processing of development projects as anticipated by the California Permit Streamlining Act. Development projects do not include rezonings, plan amendments or other applications accompanied by a request for a rezoning or plan amendment.

(Ord. No. 4643, 1993.)

Sec. 26-02-020. - Composition of zoning ordinance.

(a)
The zoning ordinance establishes various districts within the unincorporated territory of the county and designates lawful permitted uses, and uses which may be approved through the use permit process. Within these districts (1) it is unlawful to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or buildings, (2) the height and bulk of future buildings shall be limited, and (3) certain open areas shall be required around future buildings. The various districts also consist of appropriate regulations to be enforced in such district, all as set forth in this chapter.
(b)
In conformance with the open space and public safety elements of the general plan, the county of Sonoma declares that the following articles of this chapter constitute its open space zoning pursuant to Government Code Section 65910:
Article 56 F1 Floodway Combining District
Article 58 F2 Floodplain Combining District
Article 78 B Districts
Article 62 SD Scenic Design Combining District
Article 68 HD Historic Combining District
Article 64 SR Scenic Resource Combining District
Article 66 BR Biotic Resource Combining District
Article 70 G Geologic Hazard Combining District

(Ord. No. 4643, 1993.)

Sec. 26-02-030. - Numerical references and headings.

The planning director or his or her designee, without following the procedures necessary to amend the provisions of this chapter, may periodically renumber or reletter the sections of this chapter so long as no text changes are made.

(Ord. No. 4643, 1993.)

Sec. 26-02-040. - Zoning permits relative to the general, specific, and area plans.

No ministerial or discretionary permit, such as, but not limited to, rezonings, use permits, variances, building or zoning permits for any use in any district, shall be issued if such rezoning or permit is inconsistent with the Sonoma County general plan or any duly adopted specific or area plans, except that:

(a)
Issuance of a permit for a second dwelling unit pursuant to Section 26-84-060 is exempt from general plan density restrictions; and
(b)
Issuance of a building permit for a dwelling unit in Area No. 9 is subject to the provisions of Section 26-02-050, the Sonoma Valley "Residential Growth Management Plan"; and
(c)
Issuance of building permits and creation of new lots in Area No. 6 are subject to the provisions of Section 26-02-060, the "Sonoma County Area No. 6 Residential Growth Management Plan."

(Ord. No. 4643, 1993.)

Sec. 26-02-050. - Sonoma Valley residential growth management plan.

(a)
Notwithstanding anything contained in the Sonoma County Code to the contrary, no application for a residential building permit in Planning Area No. 9 shall be accepted, processed, issued or approved if such application would be contrary to the restrictions otherwise set forth in this section.
(b)
Each year, the board of supervisors shall receive from the planning department a report on the effectiveness of this growth management plan. The plan may be revised at the discretion of the board, or may be lifted at such a time that the board determines that residential development in the subject area is substantially in conformance with general plan projections. The board may, from time to time, request a review of the report by a committee comprised of representatives of the city, the county, representatives of public service districts, and the concerned public who reside in Planning Area No. 9.
(c)
Growth Management Measures for Planning Area No. 9.
(1)
No new application for a building permit or fees therefor for a new dwelling unit may be accepted, processed or issued by the county for property within the Sonoma Valley planning area (Area No. 9 as shown in Exhibit A attached to the ordinance codified in this chapter) unless and until a dwelling unit allotment has been approved except as provided in subsection (c)(4) of this section. A parcel specific delineation of Area No. 9 may be found on the large land use map adopted by the board of supervisors on March 23, 1989 in connection with the adoption of the general plan. Copies of such maps are available for public inspection at the planning department offices.
(2)
No more than sixty (60) dwelling unit allotments may be approved (plus any carryover from the previous year) for any calendar year in that portion of Area No. 9 which lies within the county general plan "Urban Service Area" as shown on the general plan land use map.
(3)
No more than thirty (30) dwelling unit allotments may be approved (plus any carryover from the previous year) for any calendar year in that portion of Area No. 9 which lies outside of the county general plan "Urban Service Area" as shown on the general plan land use map.
(4)
Category 1 Units. An application for a building permit for a new dwelling unit may be accepted, processed and issued for the following units without prior approval of a dwelling unit allotment.
(i)
Reconstruction, repair, remodeling and additions to of existing legal dwellings;
(ii)
Farmworker housing and agricultural employee dwelling units on property which is zoned LIA, LEA or DA, and subject to the provisions of the zoning ordinance;
(ii)
Homeless shelters;
(iv)
Residential community care facilities as defined in and permitted by the zoning ordinance;
(v)
Second dwelling units as provided in the zoning ordinance;
(vi)
Dwelling units for which a building or septic permit application has been accepted by the county as complete for filing including payment of all application fees prior to the time of adoption of the ordinance codified in this chapter. This exemption for "pipeline" applications may be forfeited at the discretion of the county in the event of the withdrawal, denial or substantial revision of the application, or in the event of expiration of the permit for failure to substantially begin construction.

(Ord. No. 4643, 1993.)

(5)
Category 2 Units. The following dwelling units shall require approval of a dwelling unit allotment prior to acceptance and processing of an application for a building permit, but may request and receive an allotment for a future year as provided in subsection (c)(5)(vii) of this section. Upon receipt of an allotment and issuance of a building permit, these units may be constructed in any year up to and including the year of the allotment.
(i)
One (1) dwelling unit on a single lot. Once a lot owner has been granted an allotment for this type of Category 2 unit, no other allotments of this type may be approved for that owner, unless the allotment is forfeited as provided in subsection (7)(ii)(F) of this section;
(ii)
Projects (multilot owners) of two (2) or more units which include a minimum number of low or very low income units equal to forty-four percent (44%) of the total number of units in the project; provided, that fractions of units shall be dropped to the next whole number. (Example: A six (6) unit project would require 2.64 affordable units (.44 x 6 = 2.64). After dropping the fraction, the affordable unit requirement becomes two (2) units.) The following criteria shall also apply to these units:
(A)
The low and very low income dwelling units must be constructed prior to or concurrently with the other units,
(B)
The low and very low income dwelling units may be constructed as part of the project or off site on land owned by the developer either within the city or the unincorporated portion of Area No. 9, at a density which is consistent with the applicable general plan,
(C)
The low and very low income dwelling units shall meet the income criteria of the Sonoma County housing authority and shall include an agreement signed by the housing authority to restrict the rent to such criteria for a period of at least thirty (30) years, and/or the sale and resale to such criteria for a period of at least fifty (50) years,
(D)
Bonus dwelling unit allotments may be approved for these projects when the number of low and very low income units constructed exceeds the minimum number necessary to meet the criteria of subsection (c)(5)(ii) of this section. The number of bonus allotments shall be determined by dividing .44 into the number of extra low and very low income units constructed (drop the fraction as above). However, none of these bonus allotments shall be transferable and none shall be approved unless assigned to a specific lot owned by the developer.

For example, a project of ten (10) units would require a minimum of four (4) low or very low income units to qualify as a Category 2 project. If the developer provided six (6) instead of four (4) such units, he or she would qualify for four (4) bonus allotments (2÷.44 = 4.54 = 4); provided, that the bonus allotments were assigned to specific lots owned by the developer;

(iii)
Projects (multilot owners) of two (2) or more dwelling units constructed as part of a mixed commercial/residential project in which all of the dwelling units are affordable to low or very low income households, and which meet the criteria of subsection (c)(5)(ii)(A) through (D) of this section.
(6)
Category 3 Units. Projects (multilot owners) of two (2) or more dwelling units which do not include low or very low income dwelling units may be issued an allotment only in the calendar year in which application is made and may be issued a building permit only in the year for which an allotment is approved.

The number of allotments approved for these units shall not exceed eighteen (18) per calendar year in that portion of Area No. 9 which lies within the County general plan Urban Service Area as shown on the general plan land use map, and shall not exceed nine (9) per calendar year in that portion of Area No. 9 which lies outside of the Urban Service Area. The number of allotments available for this category of units may be less than the maximum of eighteen (18) and nine (9), respectively, if available allotments were previously allocated to Category 2 units.

(7)
Allotment Approval Process.
(i)
Category 1 Units. No allotment is required. Application for a building permit may be filed and issued at any time.
(ii)
Category 2 units.
(A)
Beginning January 2, 1992, applications may be filed for dwelling unit allotments at the planning department. The application shall include a processing fee of twelve dollars ($12.00) for each proposed unit, proof of ownership of the subject lot(s), and evidence that the subject lot(s) is a legal lot(s) of record.
(B)
Applications shall be dated and numbered in sequence on a first-come, first-served basis and reviewed by the planning department in order to determine whether or not it qualifies as a Category 2 unit.
(C)
In the event that the planning department determines that an application does not qualify as a Category 2 unit, the applicant shall be so notified in writing.
(D)
In the event that the planning department determines that an application qualifies as a Category 2 unit, the applicant shall be so notified and an allotment shall be assigned from those available on the allotment list. The allotment shall then be issued as provided herein.
(E)
Allotments for Category 2 units within the general plan Urban Service Area may be approved for any of the available sixty (60) slots on the allotment list for the chosen year on a first-come, first-served basis. Allotments for Category 2 units outside of the general plan Urban Service Area may be approved for any of the available thirty (30) slots on the allotment list for the chosen year on a first-come, first-served basis. Future year allotments shall only be available in three increments: calendar years 1992 - 1994, 1995 - 1999, and 2000 - 2004. No allotments shall be approved for any subsequent increment until all of the available allotments have been approved for the prior increment. Separate allotment lists shall be maintained for the "Urban" and "Rural" areas.
(F)
Building permit applications for Category 2 units which are filed in the chosen year shall be filed between January 1st and June 30th of that year. The allotment shall be forfeited under any of the following circumstances:
a.
Failure to file a building permit application by June 30th of the calendar year assigned to the allotment;
b.
Failure to be issued a building permit by December 1st of the calendar year assigned to the allotment;
c.
Failure to substantially begin construction within one (1) year of the date of issuance of the building permit;
d.
Failure to receive notice of the allotment shall not excuse the failure to secure a building permit and begin construction. Property owners not receiving a notice shall have the duty to make a written inquiry of the planning department regarding their application.
(iii)
Category 3 Units.
(A)
Beginning January 1st of each calendar year, applications may be filed for Category 3 dwelling unit allotments for that calendar year at the planning department. The application shall include a processing fee of twelve dollars ($12.00) for each proposed unit, proof of ownership of the subject lots, and evidence that the subject lots are legal lots of record.
(B)
Applications shall be dated and numbered in sequence on a first-come, first-served basis and reviewed by the planning department in order to determine whether it qualifies as a Category 3 unit. At such time as no remaining allotments are available for that calendar year, no further applications shall be accepted.
(C)
In the event that the planning department determines that an application does not qualify as a Category 3 unit, the applicant shall be so notified in writing.
(D)
In the event that the planning department determines that an application qualifies as a Category 3 unit, the applicant shall be so notified of the approved allotment.
(E)
Building permit applications for Category 3 units shall be filed between January 1st and June 30th of the year that the allotment is approved. The allotment shall be forfeited under any of the following circumstances:
a.
Failure to file a building permit application by June 30th of the calendar year of the granting of the allotment;
b.
Failure to be issued a building permit for the unit by December 1st of the calendar year of the granting of the allotment;
c.
Failure to substantially begin construction within one (1) year of the date of issuance of the building permit;
d.
Failure to receive notice of the allotment shall not excuse the failure to secure a building permit and begin construction. Property owners not receiving a notice shall have the duty to make a written inquiry of the planning department regarding their application.
(8)
Available allotments which are not approved or allotments which have been forfeited shall be carried over to the next year.
(9)
Allotments for units outside of the general plan Urban Service Area shall not be approved for more than one (1) unit per legal lot.
(10)
Allotments for units inside of the general plan Urban Service Area may be approved for more than one (1) unit per lot provided that all discretionary enTitlements for such units have been approved prior to application for the allotment(s).
(11)
Allotments are granted for a specified parcel and are not transferable to another parcel.
(12)
The provisions of this section shall not be applied in a manner which would affect an unconstitutional taking of real property. A property owner alleging such a taking may appeal the refusal to accept or process an application in the manner provided in the appeal procedures set forth in this chapter.

(Ord. No. 4643, 1993; Ord. No. 4527.)

Sec. 26-02-060. - Sonoma County Area No. 6 residential growth management plan.

(a)
Notwithstanding anything contained in the Sonoma County Code to the contrary, no application for a residential subdivision or for a residential building permit in Planning Area No. 6 (as shown in Exhibit A attached to the ordinance codified in this chapter) shall be accepted, processed, issued or approved if such application would be contrary to the restrictions otherwise set forth in this section. A parcel specific delineation of Area No. 6 may be found on the large land use map adopted by the board of supervisors on March 23, 1989 in connection with the adoption of the general plan. Copies of such maps are available for public inspection at the planning department offices.
(b)
Each year, the board of supervisors shall receive from the planning department a report on the effectiveness of this growth management plan. The plan may be revised at the discretion of the board, or may be lifted at such a time that the board determines that residential development in the subject area is substantially in conformance with general plan projections.
(c)
Growth Management Measures for Subdivisions in Planning Area No. 6.
(1)
No major subdivision application (five (5) lots or more) which is proposed to be located outside of the designated urban service area of Graton shall be approved without a condition which limits the number of building permits for new dwelling units on the subject lots to a maximum of four (4) in any single calendar year.
(2)
Each major subdivision application (five (5) lots or more) which is proposed to be located within the designated urban service area of Graton must meet either of the following criteria:
(i)
One hundred percent (100%) of the dwelling units on the lots within the subdivision are proposed, through a development agreement acceptable to the Sonoma County housing authority and county counsel, to be reserved for sale or rent to low, very low or moderate income households subject to the criteria provided in Section 3.1 of the housing element of the general plan; or
(ii)
In perpetuity open space is offered.
(3)
Notwithstanding the limitations of subsection (c) of this section, an application for subdivision which was accepted as complete for filing prior to the time of adoption of the ordinance codified in this chapter may continue to be processed and approved without compliance with subsections (c)(1) and (2) of this section. This exemption for "pipeline" applications may be forfeited at the discretion of the county in the event of the withdrawal or denial or substantial revision of the application.
(4)
The provisions of this section shall not be applied in a manner which would affect an unconstitutional taking of real property. A property owner alleging such a taking may appeal the refusal to accept to process an application in the manner provided in Section 13.5 of Chapter 25, Sonoma County Code.
(d)
Growth Management Measures for Building Permits in Planning Area No. 6.
(1)
No new application for a building permit or fees therefor for a new dwelling unit may be accepted, processed or issued by the county for property within Planning Area No. 6 unless and until a dwelling unit allotment has been approved, except as provided in subsection (d)(3) of this section.
(2)
No more than the number of dwelling unit allotments shown below may be approved for the specified calendar year in Area No. 6 plus any carryover from the previous year. In the event that this limitation has been reached for any calendar year, additional bonus allotments may be approved for dwelling units which are reserved for sale or rent to low, very low or moderate income households subject to the criteria provided in Section 3.1 of the housing element of the general plan. Such bonus allotments shall be limited to a maximum of ten percent (10%) of the number of allotments available for that year, including carryover.
Calendar Year Maximum Number of Allotments
1992 46
1993 42 + carryover
1994 38 + carryover
1995 35 + carryover
1996 32 + carryover
1997 29 + carryover
1998 26 + carryover
1999 24 + carryover
2000 22 + carryover
2001 20 + carryover
2002 18 + carryover
2003 16 + carryover
2004 15 + carryover
2005 13 + carryover
Total 376
(3)
No more than four (4) dwelling unit allotments may be approved in any single calendar year for the lots created by each major subdivision located outside of the designated urban service area of Graton which is approved after the effective date of the ordinance codified in this chapter.
(4)
Notwithstanding the limitations of subsections (d)(1), (2) and (3) of this section, an application for a building permit for a new dwelling unit may be accepted, processed and issued for the following units without prior approval of a dwelling unit allotment:
(i)
Reconstruction, repair, remodeling of existing legal dwellings;
(ii)
Farmworker housing and agricultural employee dwelling units on property which is zoned LIA, LEA or DA, and subject to the provisions of the zoning ordinance;
(iii)
Homeless shelters;
(iv)
Residential community care facilities as defined in and permitted by the zoning ordinance;
(v)
Second dwelling units as provided in the zoning ordinance;
(vi)
Dwelling units for which a building or septic permit application has been accepted by the county as complete for filing including payment of all application fees prior to the time of adoption of the ordinance codified in this chapter. This exemption for pipeline applications may be forfeited at the discretion of the county in the event of the withdrawal, denial or substantial revision of the application, or in the event of expiration of the permit for failure to substantially begin construction.
(5)
Dwelling Unit Allotment Approval Process.
(i)
Application for a building permit may be filed and issued at any time for dwelling units not requiring prior approval of a dwelling unit allotment.
(ii)
For dwelling units requiring a dwelling unit allotment:
(A)
Beginning on the first working day each year and continuing through the end of the last working day of each year, or until the maximum number of allotments for that year have been issued, applications may be filed for dwelling unit allotments at the planning department. The application for a dwelling unit allotment shall include:

Applications for bonus allotments shall include a proposed agreement acceptable to county counsel for the required affordable units as provided in subsection (d)(2) of this section.

a.
The processing fee established by the board of supervisors;
b.
Proof of ownership of the subject lot(s).
(B)
Each application shall be dated and numbered in sequence on a first-come, first-served basis and reviewed by the planning department in order to determine whether or not it qualifies for an allotment under the terms of this plan. At such time that no remaining allotments are available for that calendar year, no further applications shall be accepted.
(C)
In the event that the planning department determines that an application does not qualify for an allotment, the applicant shall be so notified in writing.
(D)
In the event that the planning department determines that an application qualifies for an allotment, the applicant shall be so notified and an allotment shall be assigned from those available on the allotment list. The allotment shall then be issued as provided herein.
(E)
An approved allotment shall be forfeited for failure to apply for the building permit within sixty (60) days of the date of the issuance of the allotment. Application for the building permit shall include payment of plan check fees and submittal of all working drawings and plans typically required as part of the building permit application.
(F)
An approved allotment shall be forfeited for failure to obtain issuance of the building permit and to substantially begin construction within one calendar year of the date of issuance of the allotment.
(G)
Failure to receive notice of the allotment shall not excuse the failure to secure a building permit and begin construction. Property owners not receiving a notice shall have the duty to make a written inquiry of the planning department regarding their application.
(H)
Available allotments which are not approved or allotments which have been forfeited shall be carried over to the next year.
(I)
Allotments are granted for a specified parcel and are not transferable to another parcel.
(J)
The provisions of this section shall not be applied in a manner which would affect an unconstitutional taking of real property. A property owner alleging such a taking may appeal the refusal to accept or process an application in the manner provided in the appeal procedures set forth in this chapter.

(Ord. No. 4643, 1993.)

Sec. 26-02-070. - Applicability of chapter to governmental units.

Provisions of this chapter shall apply to cities, special districts and state or federal governments or any agency of such governmental units, to the extent legally permissible. The provisions of this chapter shall not apply to public projects of the county.

(Ord. No. 4643, 1993.)

Sec. 26-02-080. - General plan conformity of certain open space acquisitions.

In accordance with section 2-76 of this code, the board of directors of the Sonoma County agricultural preservation and open space district shall make the general plan conformity reports, as required by Government Code section 65402, for the district's acquisition of open space interests in real property in the unincorporated area of Sonoma County, and any related transactions including, but not limited to, those that result in an acquired interest being held by another public entity.

(Ord. No. 5180 § 2, 1999.)

Sec. 26-02-090. - Base districts enumerated.

The districts established by this chapter are as follows:

RR Districts
Rural Residential Districts
R1 Districts Low Density Residential Districts
R2 Districts Medium Density Residential Districts
R3 Districts High Density Residential Districts
K Districts Recreational Districts
CO Districts Administrative and Professional Offices Districts
C1 Districts Neighborhood Commercial Districts
C2 Districts Retail Business Districts
C3 Districts General Commercial Districts
MP Districts Industrial Park Districts
M1 Districts Limited Urban Industrial Districts
M2 Districts Heavy Industrial Districts
M3 Districts Limited Rural Industrial Districts
PC Districts Planned Community Districts
PF Districts Public Facilities Districts
P Districts Parking Districts
TP Districts Timberland Production Zone Districts
LIA Districts Land Intensive Agriculture Districts
LEA Districts Land Extensive Agriculture Districts
DA Districts Diverse Agriculture Districts
RRD Districts Resources and Rural Development Districts
RRDWA Districts Resources and Rural Development (Agricultural Preserve) Districts
AR Districts Agriculture and Residential Districts
AS Districts Agricultural Services Districts
LC Districts Limited Commercial Districts
RC Districts Rural Commercial Districts

(Ord. No. 4643, 1993.)

Sec. 26-02-100. - Combining districts enumerated.

In addition to the districts enumerated in Section 26-02-090, the following combining districts are established as set forth in this chapter:

S
Study Combining District
FW Floodway Combining District
FP Floodplain Combining District
J Manufactured Home Exclusion Combining District
SR Scenic Resources Combining District
BR Biotic Resources Combining District
HD Historic District Combining District
G Geologic Combining District
MR Mineral Resource Combining District
P Parking Combining District
Z Second Dwelling Unit Combining District
B B Combining District
TS Traffic Sensitive Combining District
MHP Mobilehome Park Combining District
VOH Valley Oak Habitat Combining District

(Ord. No. 4991 § 1, 1996; Ord. No. 4774 § 1(A), 1994: Ord. No. 4643, 1993.)

Sec. 26-02-110. - Establishment of districts generally.

The districts indicated in Sections 26-02-090 and 26-02-100 are established or may be established by progressive amendments to this chapter. The designations, locations, and boundaries thereof are set forth and indicated in the official zoning database. Such database, and all notations, references, data, and other information shown therein are hereby made a part of this chapter, or may be made a part of this chapter by the progressive amendment thereto.

(Ord. No. 5739 § 1, 2007: Ord. No. 4643, 1993.)

Sec. 26-02-120. - Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of any of the districts, the board of supervisors, upon written application or upon its own motion, shall determine the boundaries of such district.

(Ord. No. 4643, 1993.)

Sec. 26-02-130. - Official zoning database.

The official zoning database shall consist of an electronic database which shall contain zoning data for properties under provisions of Section 26-02-110, and shall be available at the Sonoma County permit and resource management department.

(Ord. No. 5739 § 1, 2007: Ord. No. 4643, 1993.)

Sec. 26-02-140. - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Accessory use means a use of land or a building that is related to and subordinate to the primary use of the land or building located on the same lot.

Adult Entertainment Establishment. An "adult entertainment establishment" is any place of business at which one or more of the following activities is conducted:

(a)
Adult bookstore means an establishment that devotes more than fifty percent (50%) of the total display, shelf, rack, table, stand or floor area utilized for the display of books and periodicals to the display and sale of the following:

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifty percent (50%) of the total floor area of the establishment to the sale of books and periodicals.

(1)
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
(2)
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(b)
Adult motion picture theater means an establishment, whether open or closed, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
(c)
Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis for depicting or describing specified sexual activities or specified anatomical areas. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing on more than fifty percent (50%) of the operating time.
(d)
Adult cabaret means a nightclub, bar, restaurant or similar establishment which during a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
(e)
Adult theater means a theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
(f)
Massage establishment means:
(1)
An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(2)
A massage establishment which provides only specialized massage services and is operated in accordance with the following provisions shall not be considered an adult entertainment establishment. The applicant shall submit proof of proficiency in the specialized field of practice. Proficiency may be established by proof of actual practice in the field of specialization for a period of three (3) years or completion of a course of instruction in the specialized field of practice at a school authorized to provide such instruction by the state of California. The period of practice shall be attested to, in writing, by no less than three (3) persons who meet the educational qualifications described in this paragraph or are members of a professional organization which is incorporated in the state of California which fosters or promotes the specialized field of practice.
(g)
Other businesses means any business not otherwise herein defined or identified which involves specified sexual activities or display of specified anatomical areas.

(Ord. No. 3340.)

Affordable housing. Affordable ownership or affordable rental housing as defined herein.

Affordable housing agreement. A contract with the county executed by the developer of a residential project that limits the sales price and/or monthly rent of specified dwelling units within the project, establishes a time period during which the specified units shall continue to be sold and/or rented at affordable prices, and which may contain administrative, enforcement or other provisions to ensure that the specified units are sold and/or rented to targeted households at affordable sales prices and/or monthly rent over the entire term of the agreement.

Affordable housing project. A project that is granted a density bonus in exchange for the provision of affordable ownership housing, or affordable rental housing, which affordable housing, or a portion thereof, is subject to an affordable housing agreement pursuant to Section 26.89.100.

Affordable housing unit, restricted. A unit of affordable rental or affordable ownership housing that is subject to an affordable housing agreement recorded and maintained in accordance with Sections 26.89.080 (Ownership unit occupancy and long-term restrictions) and 26.89.090 (Rental unit occupancy and long-term restrictions).

Affordable ownership housing. Home ownership housing for which the monthly housing costs (principal and interest payment on a thirty (30)-year, fixed-rate, fully amortized first mortgage, homeowners insurance, property taxes, and, as applicable, homeowners association dues and private mortgage insurance) do not exceed thirty percent (30%) of the maximum allowable income as established by the U.S. Department of Housing and Urban Development for extremely low-, very low-, low-, and moderate-income households, adjusted for household size; assuming that household size will equal the number of bedrooms contained within the unit, plus one (1).

Affordable rental housing. Rental housing for which the monthly housing costs (rent plus tenant-paid utilities) do not exceed thirty percent (30%) of sixty percent (60%) of median area income as established by the U.S. Department of Housing and Urban Development (HUD) for a low-income household, adjusted for household size, and, not more than thirty percent (30%) of fifty percent (50%) of HUD median area income for a very low-income household, adjusted for household size, and not more than thirty percent (30%) of thirty percent (30%) of HUD median area income for an extremely low-income household, adjusted for household size, assuming that the household size will equal the number of bedrooms contained within the unit, plus one (1).

Agricultural cultivation means the act of preparing the soil for the raising of agricultural crops.

Agricultural lands means land designated in the general plan within an agricultural land use category.

Agricultural processing means the act of changing an agricultural product from its natural state to a different form, as grapes to wine, apples to juice or sauce, etc.

Agricultural production means production of food, fiber and plant materials, including, but not limited to, growing, harvesting, crop storage and milking, etc., but not including agricultural support services, processing and visitor-serving uses.

Agricultural service use means the providing of services that directly support agricultural uses on the same property or on neighboring agricultural lands such as spraying, pruning or harvesting.

Agricultural support service means processing services, maintenance and repair of farm machinery and equipment, veterinary clinics, custom farming services, agricultural waste handling and disposal services and other similar services.

Alcoholic beverage retail establishment means a liquor store, convenience store, market, or other retail establishment that sells alcoholic beverages for off-premise consumption, but not winery tasting rooms.

Alley means any public thoroughfare which affords only a secondary means of access to abutting property.

Annual household income. The combined adjusted gross annual incomes for all adult persons living in a dwelling unit as reported on the Internal Revenue Code Form 1040 for individual federal annual income tax purposes.

Antenna means the transmitting and/or receiving device, including wires, rods, discs, or similar devices, that transmits or receives electromagnetic signals.

Antenna, vertical. "Vertical antenna" means a vertical type antenna with no horizontal components other than a small radial element at its base.

Apartment buildings means any structure containing more than two (2) dwelling units.

Arboreal value means a mathematical evaluation of the arboreal component of a site for the purposes of establishing a plan for tree preservation.

Attached commercial telecommunication facility means a commercial telecommunication antenna which is affixed, fastened, or joined to a residence, business, or similar structure, other than another telecommunication facility, and which does not include a tower.

Automobile court or motel means a group of two (2) or more detached or semi-detached buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therein which group is designed and used primarily for the accommodation of transient automobile travelers.

Automobile wrecking yard. See "junk yard."

Base unit. A dwelling unit allowed on a site by the applicable zoning district, but not including a second unit, farm family unit, agricultural employee housing, or density bonus unit.

Bed and breakfast inn. A "bed and breakfast inn" means a single-family dwelling, with an owner in residence, containing no more than ten (10) guest rooms used, let or hired out for transient occupancy.

(Ord. No. 5265 § 1(a), 2001: Ord. No. 3376.)

Boarding of horses means the keeping and training of horses which are not owned by the occupant or owner of the property. Boarding of horses shall include the giving of private lessons (one (1) trainer/one (1) student), but shall not include group lessons, group clinics, shows or similar related activities.

Biotic resources means unique or significant plant or animal communities including estuaries, fresh and salt water marshes, tideland resources, riparian corridors and certain terrestrial communities as set forth in the general plan.

Building. See "structure."

Building, accessory. "Accessory building" means a subordinate building, the use of which is incidental to that of the main building on the same lot or building site. Unless provided herein to the contrary, accessory buildings shall not be constructed in advance of main permitted buildings.

Building coverage. The percentage of total lot area covered by structures, provided that pavement, driveways, uncovered decks less than thirty inches (30″) in height, and roof overhangs less than two feet (2′) wide may be excluded.

Building envelope means a defined location or locations on a lot.

Building, main. "Main building" means a building in which is conducted the principal use of the lot or building site on which it is situated.

Building permit means a permit issued pursuant to Chapter 7 of the Sonoma County Code to permit construction of a dwelling unit.

Building site area means an area of land which may be smaller than a recorded lot or parcel occupied or to be occupied by a main building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open areas as are required by the terms of this chapter.

Business area means property contiguous to a highway that (a) upon one (1) side of which highway, for a distance of six hundred feet (600′), fifty percent (50%) or more of the contiguous property fronting thereon is occupied by a permanent business use, or (b) upon both sides of which highway, collectively, for a distance of three hundred feet (300′), fifty percent (50%) or more of the contiguous property fronting thereon is so occupied. A business area may be longer than the distances specified in this section if the above ratio of land in use for business to the length of the highway exists.

Business, retail. "Retail business" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind, with the exception of antique stores.

Business, wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.

Camp car means a vehicle defined as a camp car under the provisions of Division XIII, Part 2, of the State Health and Safety Code.

Campground means land or premises which are used or intended to be used, let or rented for occupancy by campers.

Carport means an accessible and usable covered space not less than ten feet (10′) by twenty feet (20′) open on two (2) or more sides for the storage of automobiles. Such structure shall be located on the lot so as to meet all the requirements of this chapter for accessory buildings, or if made as part of the main building it shall meet all the requirements of this chapter for the main building.

Certified arborist means any person who has current certificate from the International Society of Arboriculture.

Childcare facility means a facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, etc., on less than a twenty-four (24) hour basis. "Child day care facility" includes day care center and family day care homes.

Co-located telecommunication facility means a telecommunication facility which is comprised of a single tower containing a combination of antennas owned or operated by more than one public or private entity.

Combining districts means a district whose regulations may supplement any other district except another combining district; for example, "RR" combined with "SR" (RR SR) adds the requirements of the scenic resource combining district.

Companion animals means animals normally maintained in a home as pets.

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 interest in space in a residential, commercial or industrial building on such property (See Civil Code Section 783.)

A condominium may also include a separate interest in other parts of the real property. For purposes of this chapter, and to the extent reasonably feasible, the term condominium apartment building and a stock cooperative, as each are defined by Sections 1103-4 of the Business and Professions Code. The creation of two (2) or more condominiums may be termed a condominium project.

Condominium conversion means the subdivision of real property containing an apartment building or buildings or dwelling group into a condominium project, a planned unit development project, a community apartment project, or a stock cooperative project.

Contractor's yard means any land and/or building(s) used primarily for the storage of equipment, vehicles, machinery, whether new or used, and for building materials, paints, pipe or electrical components, any of which is used by the owner or occupant of the premises in the conduct of any building trades or building craft.

County means the unincorporated portions of Sonoma County.

County-designated area urban service area means an urban service area designated in the general plan land use element.

County boundary means the boundary of the county, or the boundary of any city in the county.

Cultural events means periodic special events such as parades, concerts, festivals, races and gatherings which attract, either by direct participation, or as spectators, a large gathering of people.

The following are not cultural events for the purposes of this chapter:

(a)
Events conducted entirely within dedicated rights-of-way where event sponsors have secured necessary encroachment or other permits from the county surveyor and, if applicable, the California Department of Transportation;
(b)
Events conducted entirely within a building for which all necessary county permits have been secured; provided, that the events are within the scope of the use for which the building was permitted;
(c)
Events conducted at fairgrounds or events conducted at outdoor spectator facilities for which a use permit has been obtained, provided that the outdoor event is within the scope of the use permit;
(d)
An event which has all of the following characteristics:
(1)
Has no live amplified music,
(2)
Does not involve an admission fee either for participants or spectators,
(3)
Is a one (1) day event conducted between the hours of seven a.m. and eleven p.m.,
(4)
Does not involve overnight sleeping of participants or spectators,
(5)
Is not conducted more than one (1) calendar day in a thirty (30) day period,
(6)
Is not accompanied by newspaper, radio or television advertising or printed leaflets distributed to the public at large, and
(7)
Does not involve the sale of food or beverages.

Cumulative diameter at breast height or cdbh means the sum of diameters at breast height of one (1) or more trees.

Damage to a protected tree means significant injury to the root system or other parts of a tree including burning, application of toxic substances, damaging through contact with equipment or machinery or compacting the soil within the dripline, changing the natural grade, interfering with the normal water requirements of the tree, trenching or excavating within the dripline, or removing more than one-third of the live wood.

Day care center means a facility other than a family day care facility which provides nonmedical care except as an accessory use, to children under eighteen (18) years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Day care centers include infant centers, preschools, extended day care facilities and the like.

DBH (diameter at breast height) means trunk diameter measured at four and one-half feet above ground. For trees which are multi-stemmed at this height, the DBH measurement equals the total diameter of trunks which, if combined, are equal to or greater than the minimum size stipulated.

Decision maker means the planning director, the design review committee, the board of zoning adjustments, the planning commission, or the board of supervisors, as appropriate.

Deferred-payment subordinate loan. A deferred-payment loan, in the form of a note, secured by a deed of trust, due and payable upon sale of the affordable ownership unit against which it is recorded. The loan principal is to reflect the amount of county financial assistance to the homebuyer, the imputed value of such concessions as fee reductions and waivers, modified development standards, participation in programs which finance land acquisition, predevelopment and construction activities, and density increases or bonuses, necessary to make the affordable ownership unit affordable to the homebuyer. The payoff amount of the loan shall include the principal amount of the loan plus the share of appreciation in the value of the affordable ownership unit during the period in which the borrower owns the affordable ownership unit or, as may be required by the first mortgage lender, a combination of accrued simple interest on the promissory note in evidence of the loan and a reduced share of the appreciation in value of the affordable ownership unit during the period in which the borrower owns the affordable ownership unit.

Density bonus. A density increase allowed pursuant to Section 26.89.050 (Density bonus programs) over the otherwise maximum allowable residential density permitted in the applicable zoning district. (See "residential density.")

Density bonus unit. A dwelling unit allowed in a project by the county in addition to base units pursuant to Section 26.89.050 (Density bonus programs).

Department. The Sonoma County permit and resource management department.

Development fee means the impact fees established by the board of supervisors for development including, but not limited to, special area development fees, countywide traffic development fee, parkland dedication fee and affordable housing in-lieu fee. Development fee does not include fees established by special districts or school districts.

Development incentive. See "Incentive."

Development permit means a discretionary permit or approval including, but not limited to; subdivisions, use permits, precise development plans, lot line adjustments, variances, design review and zoning permits. Ministerial building permits not accompanied by any other type of discretionary review or approval are exempt from this definition.

Diameter at breast height or dbh means the average diameter of a standing live tree measured outside the bark, at breast height, a point four and one-half feet (1.37m) above the average ground level. For trees that are multi-stemmed at this height, diameter at breast height shall be calculated by measuring each stem individually and combining the results. Diameter at breast height may be calculated by measuring the circumference of a tree at breast height and dividing by 3.14.

Disabled household. A household with at least one (1) person who has a physical, developmental, or mental impairment that substantially limits one (1) or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working (Source: 24 CFR Part 8, Sec. 8.3).

District means a portion of the county within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open areas are required and certain height limits are established for buildings, all as set forth and specified in this chapter.

Drip line means the area identified by extending a vertical line from the outermost portion of the limb canopy to the ground with its axis parallel to the trunk.

Drug paraphernalia shall have the same definition as Health and Safety Code ( 11364.5 (d) (12), and as may be amended.

Dwelling groups means a group of two (2) or more detached or semi-detached, one (1) family duplex or multiple dwellings situated upon a permanent foundation, occupying a parcel of land having any yard, court or area in common.

Dwelling, three (3) family or triplex or apartment house. "Three (3) family or triplex or apartment house dwelling" means a building or portion thereof used and designed as a residence for three (3) or more families living independently of each other, and doing their own cooking in the building, including apartment houses, apartment hotels, hotels and flats, but not including automobile courts.

Dwelling, two (2) family or duplex. "Two (2) family or duplex dwelling" means a single building containing not more than two (2) kitchens, designed or used to house not more than two (2) families, living independently of each other, including all necessary employees of each such family.

Dwelling unit means a permanent building or portion thereof including manufactured and mobile homes designated or used exclusively as the residence, sleeping room or quarters with kitchen facilities which constitutes an independent housekeeping unit, for one (1) or more persons. Dwelling unit does not include a tent, travel trailer, recreational vehicle or similar vehicle or structure.

Dwelling unit, second means an attached or detached residential dwelling unit provided in compliance with Sections 26-88-060 and 26C-325.1, which unit provides complete independent living facilities for one (1) or more persons, and includes separate permanent provisions for entry, living, sleeping, eating, cooking and sanitation on the same parcel as a single-family dwelling (Government Code § 65852.2). A second dwelling unit may also be provided as an efficiency dwelling unit (Health & Safety Code § 17958.1) and/or a manufactured home (Health & Safety Code § 18007), as defined in this section.

Efficiency dwelling unit means a small, self-contained dwelling unit of not less than two hundred twenty (220) square feet of floor area. An additional one hundred (100) square feet of floor area shall be provided for each occupant of such a unit in excess of two (2). An efficiency dwelling unit not provided as a part of an SRO or similar living arrangement, as provided by ordinance, must include the following facilities (2001 CBC 310.6.3):

(a)
A separate closet;
(b)
A separate bathroom, containing a water closet, lavatory, and bathtub or shower; and
(c)
Kitchen facilities, including a sink, cooking appliance and refrigeration facilities.

Emergency homeless shelter means a building, structure or group of structures under single management that provide temporary, short-term emergency housing for individuals or families. An emergency homeless shelter is typically managed by a non-profit or group of non-profits, a church or group of churches, by other agencies, by volunteers or by a combination thereof. On-site services may be provided. Beds in an emergency shelter are generally provided dormitory-style, and meals are typically served and eaten as a group. The length of stay is generally not more than thirty (30) days, and is typically less.

Environmental documents means environmental documents as defined in Section 15361 of the State CEQA Guidelines.

Executive director of the CDC. The executive director of the Sonoma County community development commission, and/or the designee of the director.

Exotic animal means any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

Extremely low-income household. A household whose gross annual income does not exceed thirty percent (30%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Fair market value. The value of property as determined by an appraisal, in accordance with prevailing industry standards, prepared within the preceding six (6) months by an appraiser who is licensed or certified by the state of California.

Family day care home means a home which regularly provides care, protection and supervision to twelve (12) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:

(a)
Large family day care home means a home which provides family day care to seven (7) to twelve (12) children, inclusive, including children under the age of twelve (12) who reside at the home.
(b)
Small family day care home means a home which provides family day care to six (6) or fewer children, including children under the age of twelve (12) who reside at the home.

Farm animal means any animal, other than wild or exotic, customarily kept or raised by humans for companion and/or commercial purposes.

Farm family dwelling means an additional single-family dwelling incidental to the main dwelling in terms of size, location and architecture which is not leased, subleased, rented or subrented separately from the main dwelling nor divided by sale, and which is inhabited by a member of the farm operator's family.

Feed yard/lot means corrals or holding areas for the primary purpose of holding or feeding animals for market and not incidental to a farm or ranch.

Final inspection shall have the same meaning as described in the Uniform Building Code, as modified and adopted in Chapter 7 of this code.

First time home-buyer. As defined by the CDC and set forth in its Sonoma County Affordable Housing Program Homeownership Policies, available at the offices of the CDC.

Flood proof structure means a structure which, in the opinion of the chief engineer of the Sonoma County water agency and the county building inspector, is designed and constructed to resist flotation, destruction or major damage by the maximum flood predicted for the structure site.

Flood, selected. "Selected flood" means the magnitude of flood to be used for establishing minimum flood profile levels and designating the outer limits of the part of the flood plain to be regulated, i.e., the outer limits of the floodway (F1) and floodplain (F2) districts. The selected flood shall be determined by the planning commission and the board of supervisors upon recommendation by the chief engineer of the Sonoma County water agency.

Floodway means the portion of the stream channel and the adjacent flood plain that must be reserved in order to discharge the selected flood without cumulatively increasing the water surface more than one foot (1′).

Forest Practice Rules means the California Forest Practice Rules, California Code of Regulations, Title 14, Division 1.5, Chapter 4. Freestanding commercial telecommunication facility means a telecommunication facility which is operated in whole or part for commercial purposes such as mobile radio services, cellular telephone services, TV and radio broadcast, personal communication services, but which is not affixed, fastened, or joined to a residence, business, or similar structure. A facility which includes an antenna(s) placed upon a tower which is attached to a structure is considered to be a freestanding facility. Telecommunication facilities operated in whole or part by public agencies are included in this category. However, a telecommunication facility installed by a public utility for the sole purpose of monitoring and protecting its gas and electric facilities shall not be considered a telecommunication facility and shall be exempt from the telecommunication standards of this chapter.

(a)
Major Facility. Such facility which involves a combination of towers and antennas greater than one hundred thirty feet (130′) in height.
(b)
Intermediate Facility. Such facility which involves a combination of towers and antennas greater than forty feet (40′) and less than or equal to one hundred thirty feet (130′) in height.
(c)
Minor Facility. Such facility which involves a combination of towers and antennas less than or equal to forty feet (40′) in height.

Freeway means any expressway or limited access highway, as those terms are defined by the Streets and Highways Code of the State.

Garage means an accessible and usable covered parking space of not less than ten feet (10′) by twenty feet (20′) for storage of automobiles, such garage to be located on the lot so as to meet the requirements of this chapter for an accessory building.

Garden apartments means an apartment building with a minimum of two thousand (2,000) square feet of building area per dwelling unit together with outdoor living or recreation space with planting and landscaping.

Gasoline service station. A "gasoline service station" is a commercial business which is characterized by the retail sale of gasoline and related petroleum and incidental vehicular products. Where the term "auto service station" or "automobile service station" is referenced in Chapter 25, such terms shall be construed to mean a gasoline service station as defined in this paragraph.

(Ord. No. 3615.)

Guest house means an accessory building which consists of a detached living area of a permanent type of construction with no provisions for appliances or fixtures for the storage and/or preparation of food, including, but not limited to, refrigeration, dishwashers or cooking facilities. The building shall not be leased, subleased, rented or sub-rented separately from the main dwelling. The floor area of a guest house shall be a maximum of six hundred forty (640) square feet. Floor area shall be calculated by measuring the exterior perimeter of the guest house and the length of any common walls. In the case of straw bale or similar construction, floor area may be calculated using interior dimensions. For the purpose of calculating the maximum size of a guest house, any storage area attached to the guest house, excluding garage, shall be included. A guest house shall be located closer to the primary dwelling on the subject lot than to a primary dwelling on any adjacent lot. The guest house shall not be located more than one hundred feet (100′) from the primary dwelling on the subject lot, except where the planning director determines that a greater setback is appropriate in light of topography, vegetation or unique physical characteristics.

Hardrock quarry operations means processed or crushed rock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits.

(Ord. No. 3465.)

Height of buildings means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

Hog or pig farms, commercial. "Commercial hog or pig farms" means the keeping of more than six (6) adult swine (i.e., boars and sows) on the premises.

Home occupation is the conduct of a business within a dwelling unit or accessory structure by occupants of the dwelling, with the business activity being subordinate to the residential use of the site. All home occupations shall be conducted in accordance with Section 26-88-121.

Hotel means any building or portion thereof containing six (6) or more guest rooms each used, designed or intended to be used, let or hired out for occupancy for one (1) or more guests.

Household size, actual. The actual number of individuals in a household that reside full-time in a dwelling unit.

Household size, presumed. The number of individuals equal to the number of bedrooms in the dwelling unit, plus one (1).

Housing opportunity area. A parcel or parcels of land designated by the county for affordable housing in compliance with the general plan housing element and Section 26.89.050(F).

Incentive. For purposes of Article 89 (Affordable Housing Program Requirements and Incentives), a modification of zoning code requirements (e.g., minimum open space, minimum lot size, setbacks, parking standards); or an allowance of other regulatory incentives or measures granted in exchange for the provision of affordable ownership housing or affordable rental housing pursuant to Section 26.89.060.

Incidental use means a secondary use of land or a building that is developed or conducted so as to not significantly change the character, appearance or operation of the principal use of the building or property located on the same lot.

Infill development means a dwelling group, consisting of detached single-family dwellings or manufactured homes, on a single parcel located in an R1 low density residential district. The number of dwelling units within such dwelling group shall not exceed the maximum residential density permitted by the general plan land use element.

Institution use means any use, commonly consisting of offices, churches, public buildings, financial institutions, etc., whose function does not involve direct on-site sales of products or personal services.

Instream operations means sand and gravel operations which entail the extraction and sale of sand and gravel from stream and river channels.

(Ord. No. 3465.)

Junkyard means any land or lot where more than one hundred (100) square feet of the area or where any portion of that land or lot which adjoins any public or private street or road is used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

Kennel animal means any dog or cat kept at a commercial kennel or pet fancier kennel.

Kennel, commercial. "Commercial kennel" means any lot or premises on which five (5) or more dogs and/or five (5) or more cats over four (4) months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training. Commercial kennel shall not include a veterinary facility, pet shop, humane society, shelter or the county animal shelter.

Large alcoholic beverage retail establishment means an alcoholic beverage retail establishment with ten thousand (10,000) square feet or more of floor area.

Large collection facility. A "large collection facility" occupies more than five hundred (500) square feet and includes bins, boxes, cans, kiosk-type units, reverse vending machines and other containers or receptacles.

(Ord. No. 3805.)

Large single room occupancy facility (SRO facility) means a property containing ten (10) or more single room occupancy (SRO) rooms, which rooms are rented as affordable to very low- or extremely low-income persons, as defined in this section. All SRO facilities shall be provided in accordance with Section 26-88-125, Single room occupancy (SRO) facilities.

Large valley oak means any valley oak having a diameter at breast height greater than twenty inches (20″).

Lead agency means lead agency as defined in Section 15367 of the State CEQA Guidelines.

Livestock means animals maintained as a source of food or clothing, including bovine and equine animals.

Live/work use is the conduct of a business within a dwelling unit or accessory structure by occupants of the dwelling unit and employees, with the business activities being subordinate to the residential use of the site. Live/work is distinguished from home occupation, primarily in that the use involves more intensive activities and includes employees other than the residents of the dwelling. All live/work uses shall be conducted in accordance with Section 26-88-122.

Local area development guidelines means design and other guidelines for development that apply to a specified community or local area, as a subunit of a planning area, and which provide a greater level of detail or relate special circumstances for use in that area.

Lot means a legally defined parcel or contiguous group of parcels in single ownership or under single control, usually considered a unit for purposes of development.

Lot, corner. "Corner lot" means a lot, two (2) or more adjacent sides of which abut upon a street.

Lot coverage. Means "Building coverage."

Lot, frontage. "Frontage lot" means the linear measurement of the front lot line.

Lot, key. "Key lot" means an interior lot adjacent to a corner lot, the side line of which is contiguous with the rear lot line of the corner lot.

Lot lines means the property lines bounding the lot.

Lot line, front. "Front lot line" means any of the following: (1) each street lot line of an interior or through lot, (2) either one or the other of the two (2) street lot lines of a corner lot.

Lot line, rear. "Rear lot line" means the lot line opposite and most distant from the front line, where such lot line is not also a street lot line.

Lot line, side. "Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

Lot of record means a lot that is designated upon a map showing the lot, block and tract as indicated on a final map, as such map is filed in the county recorder's office, or as a lot shown on a recorded parcel map.

Lot width means the least distance between the side lot lines, measured at points midway between the front and rear lot lines. In the case of triangular lots, or lots that are bounded by more than four (4) straight lines, or that have curvilinear side lines, the planning director shall determine the lot width.

Low-income household. A household whose gross annual income does not exceed eighty percent (80%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Lower-income household. Includes "low-income households," "very low-income households" and "extremely low-income households."

Lower level decision maker means the planning director, the design review committee, the board of zoning adjustments, or the planning commission, as appropriate.

Major medical facility means a state-licensed institution which provides intensive professional supervision and/or medically supervised treatment to patients.

Major timberland conversion means a timberland conversion that requires a timberland conversion permit, or is exempt from a timberland conversion permit under Section 1104.2 of the Forest Practice Rule.

Manufactured home means a dwelling unit including mobile homes and factory-built housing as defined in Sections 18210.5 and 19971, respectively, of the California Health and Safety Code.

Market rate unit. A dwelling unit in a residential project that is not restricted by an affordable housing agreement, and which is not expected to be provided as affordable to an extremely low-, very low-, low- or moderate-income household.

Medical cannabis dispensary includes any association, cooperative, affiliation, or collective of four (4) or more persons where the primary purpose is to provide the lawful distribution of medical cannabis that has been recommended by a licensed physician, in strict accordance with Health and Safety Code Section 11362.5 et seq.

A medical cannabis dispensary does not include dispensing by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses are otherwise regulated by this Code or applicable law:

(a)
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code Section 1200 et sec;
(b)
A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code Section 1250 et sec;
(c)
A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code Section 1568.01 et sec;
(d)
Residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code Section 1569 et sec;
(e)
A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code Section 1725 et seq.;
(f)
A qualified patient(s primary place of residence.

Medical cannabis dispensary, Level 1 means a dispensary of not more than one thousand (1,000) square feet, which has less than three hundred (300) patients, where no more than twenty (20) patients per business day are served.

Medical cannabis dispensary, Level 2 means a dispensary which has over two hundred ninety-nine (299) patients, and/or which is located in a facility of greater than one thousand (1,000) square feet, and/or which serves more than twenty (20) patients per business day.

Mini-mart means a commercial business which is characterized by the retail sale of gasoline and related petroleum products in combination with the retail sale of food, beverages, or other nonvehicular related items. A mini-mart does not include gasoline service stations which are solely combined with five (5) or fewer coin-operated, self-serve vending machines which dispense prepackaged food or beverages.

Minor timberland conversion means a timberland conversion that is exempt from a timberland conversion permit under Section 1104.1, subdivision (a), of the Forest Practice Rules.

Mixed-use developments are those developments that combine residential and non-residential uses on the same project site, either vertically (such as when residential uses are located over commercial uses) or horizontally (such as when the street frontage of a site is devoted to commercial uses with residential uses behind). Mixed-use developments feature structural separations between the residential and non-residential spaces to allow the two uses to be rented, leased, sold or occupied separately.

Mobile home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation. Mobile home does not include a recreational vehicle or factory-built housing as defined in Section 19971 of the California Health and Safety Code.

Mobile home park means any area or tract of land used to accommodate two (2) or more mobile homes as single-family residential uses, where those homes are located on individual rented or leased lots consistent with Health and Safety Code Section 18214(c)(1); provided, however, that no area or tract of land zoned for agricultural purposes and used to accommodate two (2) or more mobile homes for the purpose of housing twelve (12) or fewer agricultural employees shall be deemed to be a mobile home park for purposes of this chapter.

Moderate-income household. A household whose gross annual income does not exceed one hundred twenty percent (120%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Multiple-user telecommunication facility means a telecommunication facility which is comprised of multiple towers containing a combination of antennas owned or operated by more than one (1) public or private entity.

Multi-family housing project means rental housing project.

Natural slope means the slope of the ground prior to any grading or other land disturbing activity. Natural slope shall be determined by measuring the horizontal distance between adjacent contours on a USGS quadrangle map or other topographic map acceptable to the county with a scale of not less than 1:24000 (1″ = 2000′) and contour intervals of not more than twenty (20′) feet, and then dividing the difference in elevation between the two contours by the measured horizontal distance. The horizontal distance shall be measured perpendicular to the contours.

Noncommercial telecommunication facility means a telecommunication facility which is operated solely for personal use and not for commercial purposes.

Nonconforming use means a lawful use existing on the effective date of a zoning ordinance restriction and continuing since that date in nonconformance to the zoning ordinance restriction.

Nonoperative motor vehicle means any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a public street or highway within this state, due to removal of, damage to, or deterioration of, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other component part necessary for such movement or lawful operation. Nonoperative motor vehicle shall not include "vehicles of historic value" as defined by the California Vehicle Code which have current special identification plates as provided herein.

Nonoperative motor vehicle storage yard means the placing on any lot or parcel or contiguous lots or parcels of land one (1) or more nonoperative motor vehicles for a period exceeding fifteen (15) days.

Objectionable activity means and includes disturbing the peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passersby, littering, loitering, illegal parking, loud noise between 10:00 p.m. and 7:00 a.m., lewd conduct, or any activity that results in detention or arrest by law enforcement officers.

Old growth redwood means any redwood tree over two hundred (200) years old.

Open areas means those areas suitable for common recreational use or which provide visual relief to developed areas, exclusive of flood control channel rights-of-way, areas devoted to parking, vehicular traffic or private use, and any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding environment. Open areas may include areas in private lot ownership, provided, that such areas are not fenced. The boundaries of open areas shall be treated as property lines in determining required rear and side yard setbacks.

At least fifty percent (50%) of the required open area shall be contained as a single visually identifiable area exclusive of connecting corridors or pathways, and in no case be less than fifty feet (50′) in width nor five thousand (5,000) square feet in area.

Outdoor advertising sign means any card, cloth, paper, metal, painted or wooden sign of any character (excluding appurtenant and directional signs) placed for outdoor advertising purposes, on the ground or onto any tree, wall, bush, rock, post fence, building, structure or thing. The term "placed," as used in this definition, includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing to, or making visible in any manner.

Outdoor advertising structures means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed for advertising purposes. The term placed, as used in this definition, includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing to, or making visible in any manner.

Outdoor vendor means the sale of articles and agricultural or horticultural commodities on a small scale for profit or livelihood, not conducted within a building, but not including the sale of lumber or other building material.

(Ord. No. 3348.)

Ownership housing project means a project of two (2) or more units, whether attached or detached, when those units are each placed on individual or air-space lots such that each individual unit may be owned separately.

Parking spaces means usable off-street area with independent access, not included within established front-yard setback, at least nine feet (9′) by twenty feet (20′) for diagonal or perpendicular vehicle parking, or at least eight feet (8′) by twenty-two feet (22′) for parallel vehicle parking.

Permit, use. "Use permit" means a permit issued after public hearing by the board of zoning adjustments or planning commission as the case may be, that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

Permit, zoning. "Zoning permit" means a permit issued by the planning director, that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

Pet fancier facility means any lot or premises on which five (5) or more but not exceeding ten (10) dogs and/or five (5) or more but not exceeding ten (10) cats over four (4) months of age are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises. No pet fancier facility shall be located on any lot or premises less than one (1) acre in size. No pet fancier facility shall sell, display, offer for sale, barter or give away more than four (4) litters of puppies and/or four (4) litters of kittens in any calendar year.

Planned developments means a real estate development other than a community apartment project, a stock cooperative or a cooperative, or a condominium and which is more particularly defined in Sections 11003 and 11003.1 of the California Business and Professions Code and subsequent amendments thereto, and having either or both of the following features:

(a)
Any contiguous or noncontiguous lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas consisting of areas or facilities the beneficial use and enjoyment of which is reserved to same or all of the owners of separately owned lots, parcels or areas;
(b)
Any power existing to enforce any obligation in connection with membership in the owners association, or any obligation pertaining to the beneficial use and enjoyment of any portion of, or any interests in, either the separately or commonly owned lots, parcels or areas by means of a levy or assessment which may become a lien upon the separately owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale.

Planning department for purposes of this chapter is the permit and resource management department.

Planning director for purposes of this chapter is the director of permit and resource management department.

Primary caregiver has the same meaning as Health and Safety Code Section 11362.7(d), as may be amended.

Prime soils means soils classified by the United States Department of Agriculture Soil Conservation Service as Class I or Class II.

Principal residence. The place where one actually lives for the greater part of the time, or the place where one remains when not called elsewhere for some temporary or special purpose, and to which one returns frequently and periodically, as from work or vacation.

Processing services means support services which are related to and necessary for agricultural processing activities.

Processing, timber. "Timber processing" means initial on-site activities and mill activities which transform the resource to a finished product.

Professional offices means buildings, structures or establishments for the purpose of establishing or maintaining offices for doctors, attorneys, registered engineers or architects, licensed surveyors, accountants or realtors, but not including barbers, beauticians, cosmetologists or other service establishments.

Protected perimeter means the tree dripline.

Protected tree means Big Leaf Maple Acer macrophyllum, Black Oak Quercus kelloggii, Blue Oak Quercus douglasii, Coast Live Oak Quercus agrifolia, Interior Live Oak Quercus wislizenii, Madrone Arbutus menziesii, Oracle Oak Quercus morehus, Oregon Oak Quercus garryana, Redwood Sequoia sempervirens, Valley Oak Quercus lobata, California Bay Umbellularia california and their hybrids.

Protected tree of special significance means Valley Oak Quercus lobata.

Public garage means any premises, except those herein defined as a private or storage garage, used for the storage or care of motor vehicles or where any such vehicles are equipped for operation or repair or kept for remuneration, hire or sale.

Public service use or facility means a use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, utilities, hospitals, or other public service uses.

Public use or facility means a use operated exclusively by a public body, to serve the public health, safety or general welfare, including uses such as public schools and universities, parks, playgrounds, hospitals and administrative and service facilities.

Qualified patient has the same meaning as Health and Safety Code Section 11362.7(f), as may be amended.

Qualifying unit. An affordable housing unit or special needs housing unit that qualifies a project for a density bonus pursuant to Section 26.89.050 (Density bonus programs).

Quasi-public use or facility means a use operated by a private nonprofit, educational, religious, charitable or medical institution, having the primary purpose of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals and the like.

Recyclable material is reusable material including but not limited to aluminum, glass, plastic and paper which are intended for reuse, remanufacture, or reconstruction in altered form. Recyclable material includes used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(f) of the California Health and Safety Code.

Recycling facility. "Recycling facility" means a center for collection and/or processing of recyclable materials.

Recycling collection facility. "Recycling collection facility" means a center for the acceptance of recyclable materials and includes reverse-vending machines, small collection facilities and large collection facilities.

Recycling processing facility. "Recycling processing facility" means a building or enclosed space used for the collection and processing of recyclable material and/or used motor oil, by such means as flattening, sorting, compaction, bailing, shredding, grinding and crushing. "Processing" includes the following:

(a)
Light processing facilities have up to forty-five thousand (45,000) square feet of gross collection. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers;
(b)
Heavy processing facilities are all other processing facilities other than a light processing facility.

Registered professional forester means registered professional forester as defined in Section 895.1 of the Forest Practice Rules.

Rental housing project means a project of two (2) or more units on a single lot, such that the individual units cannot be separately owned.

Residential community care facility means a home licensed by the state which is regularly used as a community care facility, health facility, care facility for the elderly or alcoholism recovery facility (as defined by the California Health and Safety Code); or facilities for the mentally disordered, handicapped persons or dependent and neglected children (as defined by the California Welfare and Institutions Code).

(a)
Small residential community care facility means a residential care facility serving six (6) or fewer persons.
(b)
Large residential community care facility means a residential care facility serving seven (7) or more persons.

Residential density. The maximum number of dwelling units per acre or the minimum number of acres per dwelling unit as permitted in the applicable zoning district.

Residential development, as used in Section 26-88-010(k), is defined as a project, a group of projects being developed simultaneously by the same developer within the same unincorporated planning area, including condominium conversion, that contains five (5) or more dwelling units or parcels. A residential development may include one (1) or more housing types designed for permanent occupancy including, but not limited to, single-family dwellings and/or multiple-family dwellings (both ownership and rental), and condominium conversion. A residential development may also include a land division within the urban unincorporated area, proposed with the intent to facilitate future housing construction.

Residential project. For the purposes of Article 89 (Affordable Housing Program Requirements and Incentives), one (1) or more dwelling units on a single site, including residential units provided within a mixed-use development.

Resocialization facility means a facility, including but not limited to a single-family residence which provides adult supervision and residence services to six (6) or less individuals who are not related to the resident household, and who are mentally handicapped and may be receiving some case work services from psychiatric social workers or welfare workers. A resocialization facility may be a licensed or unlicensed home for persons who are placed in or referred to the facility by a state agency.

Rest home means a structure for housing ambulatory guests and requiring a license from another agency.

Reverse vending machine means a mechanical device which accepts and temporarily stores one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles and cartons and issues a cash refund or redeemable credit slip with a value not less than the container's redemption value.

(Ord. No. 3805.)

Riparian corridor means a line or belt of vegetation following the course of a river or stream on the immediate banks and appearing visually and structurally separate from the surrounding landscape.

River terrace operation means sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand and gravel from terrace floodplain deposits.

(Ord. No. 3465.)

Roof means the exterior surface on the top of a building or structure, as shown in the accompanying illustration.

Roof Structure Ridgeline

26-02-140a.jpg

Scenic corridor means as designated on Figure OS-2 of the general plan open space element, a strip of land of high visual quality along a certain roadway.

Scenic highway means those roadways in Sonoma County that have been so designated by the state of California.

Seasonal farmworker housing means any housing accommodation or structure of a temporary or permanent nature used as housing for farmworkers for not more than one hundred eighty (180) days in any calendar year and approved for such use pursuant to Title 25 of the California Code of Regulations.

Secondary use means a use of land or a building that is subordinate to, but may be different from the primary use of the land or building located on the same lot.

Senior household. A household with at least one (1) person who is sixty-two (62) years of age or older.

Silent second mortgage. See "Deferred-payment subordinate loan."

Silhouette means a calculation of the exposed surface area of the towers and antennas associated with a telecommunication facility, as seen from an elevation perspective, as shown in the accompanying illustration.

26-02-140b.jpg

The silhouette is a calculation of the physical surfaces of the combined tower and antenna(s) included in a telecommunication facility. Only the physical surfaces, and not the air spaces in between, are counted in the calculation. The silhouette calculation is measured from the viewing angle which presents the largest exposure from an elevation perspective.

26-02-140c.jpg

Single room occupancy (SRO) room means a living unit intended for occupancy by not more than two (2) persons, with a minimum floor area of one hundred fifty (150) square feet. Single room occupancy units may have partial kitchen and/or bathroom facilities pursuant to H & S Code Section 17958.1. (See also Efficiency dwelling unit, Large single room occupancy (SRO) facility, Small single room occupancy (SRO) facility.)

Site Class I timberland means Site Class I timberland as defined in Section 1060 of the Forest Practice Rules.

Site Class II timberland means Site Class II timberland as defined in Section 1060 of the Forest Practice Rules.

Site classification means site classification as defined in Section 4528 of the Public Resources Code.

Site coverage. The percentage of total lot area encumbered by impervious surfaces, including all structures, buildings and paved or compacted driveways, parking areas, patios and walkways and similar features.

Slope means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance (e.g., 2:1) or as a percentage (e.g., fifty percent (50%)).

Sludge means solid material produced through sewage treatment processes.

Small alcoholic beverage retail establishment means an alcoholic beverage retail establishment with less than ten thousand (10,000) square feet of floor area.

Small collection facility means a small collection facility which occupies an area of not more than five hundred (500) square feet and includes:

(a)
Reverse vending machines occupying more than fifty (50) square feet;
(b)
Bins, boxes, cans, kiosk-type units and other containers or receptacles; and/or
(c)
A properly licensed automobile, truck, trailer or van.

Small-scale homeless shelter means a residential or mixed-use structure which provides temporary or transitional housing for up to ten (10) persons, and may include support services for the residents.

Small single room occupancy facility (SRO facility) means a property containing at least two (2) but not more than nine (9) single room occupancy (SRO) rooms, which rooms are rented as affordable to very low- or extremely low-income persons, as defined in this section. All SRO facilities shall be provided in accordance with Section 26-88-125, Single room occupancy (SRO) facilities.

Small valley oak means any valley oak having a diameter at breast height twenty inches (20″) or less.

Small wind energy system means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce onsite consumption of utility power.

Special needs household. A household with at least one (1) person who is considered to have special housing needs as described in the Sonoma County housing element as such element may be amended from time to time.

Special needs housing agreement. A contract with the county executed by the developer of a residential project that limits the occupancy of specified dwelling units within the project to designated special needs household types, establishes a time period during which the specified units shall continue to be occupied by the targeted designated special needs household types, and which may contain administrative, enforcement and other provisions to ensure that the specified units are sold and/or rented to targeted households within the designated special needs household types over the entire term of the agreement.

Special needs housing. Rental or home ownership housing that is suitable for and reserved for occupancy by designated special needs household types.

Special needs housing project. A project that provides ownership or rental housing suitable for designated special needs households, which special needs housing is subject to a special needs housing agreement pursuant to Section 26.89.110.

Special needs ownership housing. Home ownership housing that is suitable for and reserved for purchase and occupancy by designated special needs household types.

Special needs rental housing. Rental housing that is suitable for and reserved for rental and occupancy by designated special needs household types.

Special needs unit. A dwelling unit that is subject to a special needs housing agreement, which the developer agrees to provide and maintain in compliance with the requirements in Section 26.89.080 (Ownership unit occupancy and long-term restrictions) or Section 26.89.090 (Rental unit occupancy and long-term restrictions).

Specified anatomical areas means (1) less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, (2) human male genitals in a discernibly turgid state whether or not opaquely covered.

Specified sexual activities means (1) human genitals in a state of sexual stimulation or arousal, (2) acts of human masturbation, sexual intercourse, sodomy or bestiality, (3) fondling or other erotic handling of human genitals, pubic region, buttock or female breast.

Stable, commercial. "Commercial stable" means housing for horses owned and used by someone other than the occupant or owner of the residence and including related shows, lessons, clinics and similar activities.

State CEQA Guidelines means the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. State stocking standards means stocking standards as defined in Section 895.1 of the Forest Practice Rules.

Street means a public or private thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley as defined herein.

Street line means the boundary between a street and property.

Structure means anything constructed or erected, the use of which requires location on the ground attachment to something having location on the ground.

Structural alterations means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Structure ridgeline means the long, narrow crest at the top of the juncture of two (2) or more surfaces making up the roof of a building or structure, as shown in the accompanying illustration.

Roof Structure Ridgeline

26-02-140d.jpg

Tasting room means a facility in which one or more agricultural products grown or processed in the county may be tasted and sold.

Telecommunication facility means a facility that sends and/or receives electromagnetic signals, including antennas and towers to support receiving and/or transmitting devices along with accessory structures, and the land on which they are all situated.

Timber means those species of trees listed as commercial species for the Coast Forest District, Group A, in Section 895.1 of the Forest Practice Rules.

Timber harvesting plan means a timber harvesting plan approved by the Director of the California Department of Forestry and Fire Protection, or by the State Board of Forestry and Fire Protection upon appeal, pursuant to Section 1032 et seq. of the Forest Practice Rules.

Timberland means timberland as defined in Section 1100 of the Forest practice Rules.

Timberland conversion means timberland conversion as defined in Section 1100 of the Forest Practice Rules, except that timberland conversion shall not include the conversion of less than three (3) acres of timberland for the purpose of constructing a structure in accordance with a valid building permit where the conversion is limited to the cutting and removal of the minimum number of trees necessary to accommodate the structure and related improvements.

Timberland conversion permit means a timberland conversion permit issued by the Director of the California Department of Forestry and Fire Protection, or by the State Board of Forestry and Fire Protection upon appeal, pursuant to Section 1100 et seq. of the Forest Practice Rules.

Timber operations means timber operations as defined in Section 4527 of the Public Resources Code.

Timber production means growing and harvesting timber for commercial purposes.

Tower means the support structure, including guyed, monopole and lattice types, upon which antennas are located as part of a telecommunication facility or upon which a wind turbine (or other mechanical device) is mounted as part of a small wind energy system.

Tower height means the height above grade of the fixed portion of the tower, excluding any telecommunication antennas or a wind energy system or its blades.

Transitional housing means housing for persons or families in transition from a homeless shelter to permanent housing.

Travel trailer means a vehicle, other than a motor vehicle or mobile home which is designed or used for human habitation and for travel or recreational purposes, which is not more than eight feet (8′) in width and is less than forty feet (40′) in length, and which may be moved upon a public highway without special permit or chauffeur's license or both, without violating any provision of the Vehicle Code of the state.

Travel trailer park or recreational trailer park means any area or tract of land where one (1) or more lots accommodate owners or users of travel trailers used for travel or recreational purposes wherein occupancy by any one individual does not exceed ninety (90) consecutive days in any one (1) calendar year.

Tree means a healthy living large woody plant which ordinarily has a central trunk and at maturity exceeds a height of fourteen feet (14′).

Truck or equipment terminal or depot means a space, area or building designed, equipped or maintained for the parking or storage of two (2) or more trucks, vehicles or equipment other than private automobiles or farm vehicles or equipment used incidental to agricultural uses on the premises.

Urban service area means an area designated in the general plan within which the full range of public services and infrastructure, such as sewer, water, police and fire protection, roads and transit, and other services necessary for urban development are available or planned to be available. The area bounded by an urban service boundary.

Urban service boundary means a designated limit to the urban development of cities and unincorporated communities of the county.

Use, accessory. "Accessory use" means a use incidental and accessory to the principal use of a lot or a building located on the same lot.

Work/live unit. A single unit comprised of one (1) or more rooms, occupied and utilized by a single household, which accommodates both work activity and residential occupancy, in which the working space is predominant and the residential facilities secondary, and which includes:

(a)
Working space reserved for and regularly used for commercial or industrial use by one (1) or more residents of the unit; and
(b)
Complete residential cooking, sleeping and sanitary facilities in compliance with all applicable building codes.

Valley oak means Quercus lobata, a member of the white oak group whose acorns form and ripen in one (1) growing season and are relatively large and oblong in shape, whose leaves are deciduous and are lobed to deeply lobed, and whose bark is checkered to deeply checkered.

Valley oak woodland means habitat that varies from savanna-like to forest-like stands with partially closed canopies, where valley oaks are the dominant native tree species.

Very low-income household. A household whose gross annual income does not exceed fifty percent (50%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Veterinary clinic means a facility for the provision of medical services for animals, unless otherwise specified, including incidental retail sales of pharmaceuticals for the health care of the animals. Animals may be kenneled on site.

Wind energy conversion system means a machine used to convert the kinetic energy of the wind into a usable form of electrical energy, including wind turbine generators, rotors, and blades.

Wind energy system height means the height above grade of the fixed portion of the tower including the vertical length of any extensions such as the rotor blade.

Yard means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.

Yard, front. "Front yard" means a yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest lines of the building; provided, that if any building line or official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such building line or official plan line to the nearest line of the building.

Yard, rear. "Rear yard" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

Yard, side. "Side yard" means a yard between the line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

Year-round farmworker housing means any housing accommodation or structure of a temporary or permanent nature used as housing for farmworkers for more than one hundred eighty (180) days in any calendar year and approved for such use pursuant to Title 25 of the California Code of Regulations.

Zoning district means a portion of the county within which certain uses of land and buildings are specified and within which certain yards and other open areas are required and certain height limits are established for buildings, all as set forth and specified in this chapter.

(Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5009 § 1(B), 1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3349; Ord. No. 3340.)