Chapter 17.02 — ADMINISTRATIVE PROVISIONS

Where this title imposes a greater restriction than that imposed by other law or by private restrictions, this title shall control.

(Ord. 702 § 3, 2014)

The enactment of the ordinance codified in this title shall not terminate or otherwise affect variances, permits, or other adjustments authorized under the provisions of any ordinance repealed, nor shall any violation of such ordinances be excused. (Ord. 702 § 3, 2014)

This title is adopted to provide minimum regulations designed to promote and protect the public health, safety, peace, comfort, convenience, general welfare, and for the accomplishment of the following specified purposes:

• A. To assist in providing a definite plan of development for the City, and to guide, control and regulate the future growth of the City in accordance with the City's General Plan.

• B. To protect the established character of the City and the social and economic stability of agriculture, residential, commercial, industrial, historical and other resource areas within the City which assures the orderly and beneficial development of such areas.

• (Ord. 702 § 3, 2014)

An amendment to the text of this title may be initiated by the City Council, a property owner or interested party.

(Ord. 702 § 3, 2014)

All references to the "Commission" or the "Planning Commission" in this title are to the Planning Commission referenced in Chapter 2.21 CMC.

(Ord. 702 § 3, 2014)

This title shall be administered and enforced by the Planning Commission and the City Council, assisted by the officers and employees of the City who are delegated to such duty by authority and direction of the Council.

(Ord. 702 § 3, 2014)

• A. Commission Decisions. Any Councilmember may call up an action or decision of the

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City of Calistoga, CA § 17.02.070

CALISTOGA CODE

§ 17.02.100

Commission within the allowed appeal period by written request to the City Clerk. The request must state the reason for calling up the Commission action or decision. The City Clerk shall schedule the item at the next possible Council meeting. The Council shall decide by majority vote of those present if it intends to set a public hearing to consider the call up request.

• B. Administrative Decisions.

  1. Appeals from the decision of any administrative official in taking any of the actions authorized by this title shall be made to the Planning Commission through the Planning and Building Director and shall be filed in accordance with the provisions of Chapter 1.20 CMC, Appeals.

  2. The Commission shall consider the appeal at a public hearing at the next available Commission meeting unless the appellant consents to a continuance. The Commission may add, modify, or delete conditions, or deny the appeal, if the Commission determines that such changes or denial, as the case may be, are necessary to ensure the public health, safety, or general welfare.

• (Ord. 702 § 3, 2014)

• A. Every application, appeal, or any other request for City action under this title shall be accompanied by a fee, or a deposit estimated to cover all the City's costs in connection therewith, which shall be established by the cost recovery fee policy and/or the City Council approved fee schedule, both of which may be amended by the Council from time to time. No application, appeal, or any other request for City action under this title shall be considered filed without payment of the established fee or deposit. Any fee or deposit required by this title shall be collected and deposited with the Planning and Building Department at the time of submittal of an application. Every application shall be submitted with any necessary agreement for payment of processing of fees, which may be required by the cost recovery fee policy. Refund of fees, if warranted, shall be in accordance with the cost recovery fee policy.

• B. The City shall prescribe various application, agreement, and appeal forms and all applications and appeals shall be made on such forms.

• (Ord. 776 § 3, 2025)

Where a public hearing is required by the terms of this title, notice of the hearing shall be given in the manner provided by the California Government Code. (Ord. 702 § 3, 2014)

• A. A lot, for the purposes of applying the provisions of this title, shall be a parcel or unit of land which has been created under the provisions of the Subdivision Map Act, or CMC Title 16, or any law regulating the division of land.

• B. All lots of a subdivision recorded in the office of the County Recorder and all lot sizes approved by the Planning Commission pursuant to the approval of a record of survey,

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City of Calistoga, CA

ZONING

§ 17.02.100

§ 17.02.120

whether recorded or not, shall retain their approved form and dimension unless subsequent subdivision, lot merger, or lot line adjustment is approved by the City and recorded with the County Recorder.

• C. Two or more contiguous parcels or units of land held by the same owner, where any one of such contiguous parcels does not conform to standards for minimum parcel size and at least one of such nonconforming contiguous parcels is not developed with a building for which a building permit has been issued, shall be merged pursuant to CMC Title 16.

• D. Any lot of record existing prior to May 3, 1957, shall be considered a legal building site.

• E. Where a lot or a property under separate ownership is an existing lot of record created prior to the applicability of the Subdivision Map Act or any local ordinances and without privilege of other legal documents, it may continue to be considered as an individual lot for the purposes of applying the provisions of the zone in which said lot is located; provided, that a certificate of compliance is recorded with the County Recorder.

• (Ord. 702 § 3, 2014)

• A. In interpreting and applying the provisions of this title, unless otherwise stated, the regulations shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

• B. It is not intended that this title shall interfere with or abrogate or annul any easement, covenants, or other agreements now in effect; where the ordinance codified in this title imposes greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this title shall apply.

• (Ord. 702 § 3, 2014)

All uses and land use permits provided for in this title shall comply with the provisions of the Resource Management System contained in Chapter 13.16 CMC.

(Ord. 702 § 3, 2014)

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City of Calistoga, CA

ZONING

§ 17.03.010

§ 17.03.040

CHAPTER 17.03 ZONING

A precise zoning plan is adopted for the City. The designations, locations and boundaries of the district established by this title are delineated upon the map entitled, "Zoning Map for the City of Calistoga, California," which map is on file in the office of the City Clerk and which map and all notations, information, amendments and changes thereon are made a part of this title by reference.

(Ord. 702 § 4, 2014)

Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:

• A. Where such boundaries are indicated as approximately following property, street or alley lines, such lines shall be construed to be such boundaries;

• B. In subdivided property and where a district boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on the zoning map;

• C. A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries, unless otherwise noted on said map;

• D. Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacant or abandoned street or alley;

• E. Where one land ownership is divided by a district boundary, the total ownership may be placed in either district by approval of a rezoning application.

• (Ord. 702 § 4, 2014)

For the purpose of regulating the use of land, improvements, and structures, the City is divided into zoning districts as provided in this title. The use of land, improvements and structures in each district is subject to the specific regulatory provisions provided for each of the districts as set forth in this title.

(Ord. 702 § 4, 2014)

• A. The base zoning districts established and into which the City is divided are designated as follows:

RR Rural Residential (Chapter 17.14 CMC)

RR-H Rural Residential – Hillside (Chapter 17.15 CMC)

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City of Calistoga, CA

§ 17.03.080

§ 17.03.040

ZONING

R-1, R-1-10 One-Family Residential (Chapter 17.16 CMC) R-2 Two-Family Residential (Chapter 17.18 CMC) R-3 Multifamily Residential/Office District (Chapter 17.19 CMC) MHP Mobile Home Park (Chapter 17.20 CMC) DC Downtown Commercial (Chapter 17.21 CMC) CC Community Commercial (Chapter 17.22 CMC) P Public (Chapter 17.23 CMC) PD Planned Development (Chapter 17.24 CMC) I Light Industrial (Chapter 17.26 CMC)

• B. The uses of land, buildings, and structures in each general zoning district is subject to the provisions of the particular chapter referred to above, as well as to the general regulations and requirements of this title.

• C. No uses are allowed in a zoning district except those specifically listed in this title and then only as limited by a use permit when required, height limits, lot or site requirements, parking, and other restrictions listed in the appropriate chapter.

• (Ord. 702 § 4, 2014)

• A. In addition to the base zoning districts set forth in CMC § 17.03.040, certain combining districts are established and are designated as follows:

PD Planned Development District (Chapter 17.24 CMC) DD Design District (Chapter 17.28 CMC) A Airport (Chapter 17.30 CMC) VA Visitor Accommodations (Chapter 17.31 CMC)

• B. The base zoning district(s) to which a combining district may be applied shall be as provided in the applicable chapter set forth above.

• (Ord. 702 § 4, 2014)

An amendment to the zoning map may be initiated by the Council, a property owner or interested party.

(Ord. 702 § 4, 2014)

The boundaries of zoning and combining districts as are shown upon the zoning map are adopted and the specific regulations as set forth in this title for each district and the general regulations applicable therein are established and declared to be in effect upon all lands included within the boundaries of each and every district as shown upon the zoning map. (Ord. 702 § 4, 2014)

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City of Calistoga, CA § 17.03.080

CALISTOGA CODE

§ 17.03.110

No land shall be used and no building or structure shall be erected, constructed, enlarged, altered, moved or used in any district as shown upon the zoning map except in accordance with the regulations established by this title.

(Ord. 702 § 4, 2014)

• A. It is recognized that in the development of a comprehensive zoning ordinance, not all uses of land can be listed, nor all future uses be anticipated; or a "use" may have been omitted from the list of those specified as permissible in each of the various zones herein designated; or ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title. Therefore, the phrase "unless determined by the Planning Commission to be similar in nature" shall appear under "uses permitted" in each zone.

• B. The Planning Commission shall make all the following findings when permitting an unlisted use in a zoning district or classifying an unlisted use:

  1. That the use is in keeping with the stated intent and purpose of the zoning district;

  2. That investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the zoning district within which it is proposed to be located;

  3. That the subject use is similar to one or more uses permitted in the zoning district within which it is proposed to be located; and

  4. That the subject use will not cause substantial injury to the health, safety, or welfare of the occupants or their property in the zoning district in which it is proposed to be located.

• (Ord. 702 § 4, 2014)

The City shall comply with the no net loss provisions in Government Code Section 65863 and shall not change the General Plan or zoning designations of residential sites to a less intensive use unless there are corresponding changes to create no net loss in residential capacity. (Ord. 780, 12/9/2025)

Residential developments shall have a density no less than 50% of the maximum number of dwelling units prescribed by the General Plan, subject to conformance with the City's design guidelines and all applicable General Plan policies.

(Ord. 780, 12/9/2025)

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City of Calistoga, CA

ZONING

§ 17.04.010

§ 17.04.026

CHAPTER 17.04 DEFINITIONS

For the purposes of this title, certain terms are defined in CMC § 17.04.020 through § 17.04.680 unless the context clearly requires otherwise.

(Ord. 339 § 1, 1978)

"Abandoned sign" shall mean any sign that advertises a business, use, product, service or activity which no longer occupies the premises where the sign is displayed or advertises an ongoing business or activity elsewhere in the community.

(Ord. 580 § 3(A), 2002; Ord. 606 § 3(A), 2004)

"Abut" shall mean two or more adjoining parcels bordering on a common property line.

"Accessory building or structure" shall mean a detached building or structure that is subordinate and incidental to the primary building or structure on the same parcel of land. "Unenclosed accessory structure" shall mean an accessory structure that is at least 50 percent open around its perimeter.

(Ord. 742 § 2 (Exh. A § 1), 2019)

"Accessory use" shall mean a use that is incidental and subordinate to a principal use on a site and is customarily found on the same site.

(Ord. 614 § 3(H), 2004; Ord. 699 § 2, 2014)

"Accessory dwelling unit" or "ADU" means an attached or detached dwelling unit located on the same parcel as an existing or proposed primary residence that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. "Accessory dwelling unit" also includes an efficiency unit as defined in California Health and Safety Code Section 17958.1 or a manufactured home as defined in California Health and Safety Code Section 18007.

(Ord. 729 § 2.1, 2017; Ord. 744 § 2 (Exh. A), 2020; Ord. 770 § 2, 2024)

"Adaptive reuse" shall mean the repurposing of building structures for residential purposes, such as former office use, commercial use, or business parks. (Ord. 780, 12/9/2025)

An "adult entertainment facility" is any place of business in which one or more of the following

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City of Calistoga, CA § 17.04.026

CALISTOGA CODE

§ 17.04.028

activities is conducted/offered/occurs:

• A. "Adult newsrack," as used herein, shall mean and refer to any coin-operated machine or device which dispenses material which is distinguished or characterized by its emphasis depicting, describing, or relating to the specified sexual activities or specific anatomical areas defined in subsections (D) and (E) of this section.

• B. "Adult book store," as used herein, shall mean and refer to an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis depicting, describing, or relating to the specified sexual activities or specified anatomical areas defined in subsections (D) and (E) of this section, or an establishment with a segment or section devoted to the sale, rental, or display of such material.

• C. "Adult motion picture theater," as used herein, shall mean and refer to an enclosed building or drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to the specified sexual activities or specified anatomical areas defined below, for observation by one or more patrons therein.

• D.

• "Specified sexual activities" as used herein, shall mean and refer to:

• Human genitals in the state of sexual stimulation or arousal;

  - Acts of human masturbation, sexual intercourse, or sodomy; 

3. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

• E. "Specified anatomical areas" as used herein, shall mean and refer to:

  1. Less than completely and opaquely covered:

     • a.
  • Human genitals, pubic region;

• b.

  • Buttock;

• c.

  - Female breast below a point immediately above the top of the areola; and 
  

  2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

• F. "Adult entertainment facilities" as used herein, shall mean and refer to adult newsracks, adult book stores, and adult motion picture theaters.

• (Ord. 558 § 3(A)(1), 1999)

"Advertising billboard" shall mean an off-site sign which is supported by one or more uprights, poles, braces or a similar structure which includes an advertising message calling attention to a business, use, product, service or activity not conducted or sold on the same premises upon which the billboard is located.

(Formerly 17.04.026; Ord. 580 § 3(B), 2002; Ord. 606 § 3(B), 2004)

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City of Calistoga, CA

ZONING

§ 17.04.028

§ 17.04.050

"Affordable housing" shall mean housing (whether attached, detached, for sale, rent or for lease) which is available to persons with median or below median incomes based on standards established by the State using data provided by the Department of Housing and Urban Development.

"Aggregate sign area" shall mean the total combined area of all signs, not otherwise exempt, measured applying the sign area computation contained in Chapter 17.58 CMC. (Ord. 580 § 3(C), 2002; Ord. 606 § 3(C), 2004)

"Agriculture" shall mean the activity or work of producing crops and/or raising livestock. (Ord. 339 § 1, 1978)

"Agricultural housing" shall mean the same as employee housing as otherwise defined in the Employee Housing Act (Health and Safety Code § 17000 et seq.), as may be amended from time to time, meaning accommodations consisting of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer, if the accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. (Ord. 780, 12/9/2025)

"Airport" shall mean any area which is used for or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiway, tie down area, hangars or other necessary building or open areas.

"Alley" shall mean a public or private right-of-way reserved as a secondary means of vehicular access to abutting property. (Ord. 339 § 1, 1978)

"Allowed sign" shall mean a sign authorized by right provided the sign complies with the dimensional standards contained in Chapter 17.58 CMC. (Ord. 580 § 3(D), 2002; Ord. 606 § 3(D), 2004)

"Apartment" shall mean a room or suite of rooms in an apartment house or dwelling occupied,

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City of Calistoga, CA

CALISTOGA CODE

§ 17.04.050

§ 17.04.090

or intended or designed for occupation, by one family for living or sleeping purposes. (Ord. 339 § 1, 1978)

"Entertainment arcade" shall mean a place of business where the primary activity is related to the operation of more than two electronic, video, or coin-operated games for compensation. Up to four machines may be operated as incidental to and in conjunction with a retail business.

"Automobile repair facilities" shall mean a place where minor motor vehicle repairs and lubrication are performed by auto mechanics and technicians, including sale of accessories for the vehicle.

(Ord. 755 § 2 (Exh. 1), 2021)

"Automobile wrecking" shall mean the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. (Ord. 339 § 1, 1978)

"Awning sign" shall mean a sign which is painted on or otherwise affixed to a roof or cover made of canvas, wood, or a similar material projecting from a building wall. (Ord. 580 § 3(E), 2002; Ord. 606 § 3(E), 2004)

"Banner" shall mean a sign composed of lightweight cloth, bunting, plastic, paper or similar material intended as a temporary advertisement, and not enclosed by a permanent frame, which is attached, pinned or hung from any structure, pole, vehicle or other object.

"Bed and breakfast" or "B and B" inns and facilities shall mean the rental of rooms or space for the purpose of providing overnight accommodations for paying guests for a period not to exceed 30 days per individual rental, with not more than one meal to be provided daily, and with the entire service offered to be included in one stated price.

(Ord. 390 § 1, 1983; Ord. 396 § 1, 1984; Ord. 416 § 1, 1986; Ord. 421 § 1, 1987; Ord. 738 § 2, 2018)

"Bedroom" shall mean any habitable room as defined by the Uniform Building Code (UBC) which room is not a living room, dining room, kitchen, family room or breakfast nook. Unless specifically designed to exclude its use as a bedroom (e.g., no closet, enlarged entryways (greater than six feet, six inches) without doors, no windows open to the exterior, etc.), any den, study, or other room meeting the above definition of a bedroom shall be considered a bedroom for the purposes of meeting the regulations and standards of this code.

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City of Calistoga, CA

ZONING

§ 17.04.090

§ 17.04.130

"Building" shall mean anything constructed or erected for the support, shelter or enclosure of persons.

(Ord. 339 § 1, 1978)

"Low barrier navigation centers" shall be as defined by California Government Code Section65660(a), as may be amended from time to time. (Ord. 780, 12/9/2025)

"Building height" shall mean the vertical distance from the average elevation of the natural grade of the ground covered by the structure along each building elevation/face (see Exhibit C, CMC § 17.38.040) to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for hip, gable, or gambrel roof. For sloping properties, the datum or point of height measurement shall be 10 feet higher than the lowest natural grade when natural ground surface of the highest natural grade is more than 10 feet above the lowest grade as reflected on Exhibit D, CMC § 17.38.040. The height of a stepped or terraced building is the maximum height of any segment of the building. (Ord. 557 § 3(1), 1999)

"Building line" and "setback line" shall mean a line designating the distance which buildings must be set back from an existing property line, or an existing or proposed sidewalk-public utility easement line.

(Ord. 339 § 1, 1978)

"Building Official" shall mean the designated authority charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes as provided by CMC Title 15.

""Building sign" shall mean any sign identifying the name of a building and/or date the building was constructed or remodeled.

(Ord. 580 § 3(F), 2002; Ord. 606 § 3(F), 2004)

"Building site" shall mean a single parcel of land as indicated on the current City Assessor's roll, which has its principal frontage on a street, road or highway. (Ord. 339 § 1, 1978)

1. Editor's Note: Ord. 780 adds this section as 17.04.090. It has been editorially renumbered to avoid duplication of numbering.

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City of Calistoga, CA § 17.04.130

CALISTOGA CODE

§ 17.04.140

"Business" or "commerce" shall mean a purchase, sale, exchange, or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreation or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services. (Ord. 339 § 1, 1978)

"Formula business" shall mean a business or use, which by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:

• A.

  • Business name common to a similar business located elsewhere;

• B. Standardized services or uniforms common to a similar business located elsewhere;

• C.

  • Interior decor common to a similar business located elsewhere;

• D.

  • Architecture, exterior design, or signs common to a similar business located elsewhere;

• E. Use of a trademark or logo common to a similar business located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus, or indicating a rating organization including, but not limited to, AAA, Mobile or Michelin); or

• F. A name, appearance, business presentation or other similar features, which make the business substantially identical to another business within or outside Calistoga.

• (Ord. 519 § 3, 1996; Ord. 567 § 3, 2000)

"Business frontage" shall mean the linear distance of a business which occupies a building fronting on a public right-of-way.

(Ord. 580 § 3(G), 2002; Ord. 606 § 3(G), 2004)

"Business identification sign" shall mean a sign designed and intended to identify a multifamily residential use, professional office use, commercial use, industrial use, public use, quasi-public use or similar uses to the foregoing, which identification sign is located upon the premises proposed to be identified. The sign may be affixed to a structure or freestanding.

"By right" shall mean that the City's review shall not require a conditional use permit, planned unit development permit, nor another discretionary, local-government review or approval that would constitute a "Project" as defined in Public Resources Code Section 21100 (see Government Code Section 65583.2(i)).

(Ord. 780, 12/9/2025)

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City of Calistoga, CA

ZONING

§ 17.04.140

§ 17.04.165

"Carport" shall mean a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile storage for the occupants of the premises.

"Car wash facilities" shall mean a place containing equipment for washing motor vehicles where no chain conveyor or blower is used.

(Ord. 755 § 2 (Exh. 1), 2021)

"Center identification sign" shall mean a sign designed and intended to name or identify an integrated center or multi-use type of development, such as "Valley Shopping Center."

"Private club" shall mean an association of persons for some common purpose but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

(Ord. 339 § 1, 1978)

"Commission" shall mean the Planning Commission of the City. (Ord. 339 § 1, 1978)

"Condominium" shall mean an estate in real property, either residential, commercial or industrial, consisting of an undivided interest in a common space together with a separate interest in space called apartment, unit, office or store, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof, and as more specifically defined by California Civil Code Section 783. (Ord. 528 § 3, 1997)

"Contractor storage yard" shall mean an area and/or building used by a small-scale general, building, excavation, well-drilling or landscaping contractor; landscaping, tree or pool maintenance service; or a similar operation where a limited number of business-related vehicles, equipment and/or materials are stored; and incidental maintenance or shop work may be performed. The use may include the operational offices of the contractor. This use does not include wholesale or retail sales.

(Ord. 732 § 2(1), 2018)

"Convalescent and congregate care facilities" shall mean facilities that provide residential care for the elderly or for persons suffering or recovering from an illness who do not require hospitalization, including assisted living facilities and similar facilities. Such facilities may include supporting facilities and services, such as congregate eating facilities, recreational

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City of Calistoga, CA

CALISTOGA CODE

§ 17.04.165

§ 17.04.179.5

facilities and personal services. (Ord. 699 § 2, 2014)

"Construction sign" shall mean a sign associated with a property on which construction activity is occurring which identifies the business name of the contractor, architect, engineer or similar person or firm associated with the project.

(Ord. 580 § 3(H), 2002; Ord. 606 § 3(H), 2004)

"Convenience market" shall mean a facility operated generally in conjunction with another retail use which is characterized by a limited range of food, beverage, drug/goods, hardware, house goods, and/or auto parts, and may include prepared or ready-to-consume products for off premises consumption. (Formerly 17.04.165)

"Design Review Board" shall mean the person(s) appointed by the Council to review development proposals for design and aesthetic characteristics.

"General directional sign" shall mean a directional or general information-type sign intended to direct vehicular or pedestrian traffic on the major arteries to a State or public use or scenic attraction located in areas of the City off the major arteries or travelways.

"Business directional sign" shall mean a directional or information-type sign for the express purpose of directing vehicle flow or pedestrian traffic on to an individual business site, i.e., ATM machine.

"Directory sign" shall mean a sign which includes multiple business identification signs on a single sign, and may also contain the name of the center in which these multiple business are located (i.e., center identification sign).

(Ord. 606 § 3(I), 2004)

"Discount store" shall mean a business primarily devoted to the sale of merchandise consistently

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City of Calistoga, CA

ZONING

§ 17.04.179.5

§ 17.04.230

sold below normal retail prices. (Ord. 614 § 3(F), 2004)

"Drive-through business" shall mean a business which provides or dispenses its services by means of a window, counter, or similar method or device to the customer in his or her vehicle outside of the building in which the service or product is prepared.

"Duplex" shall mean a building containing two dwelling units totally separated from each other by an unpierced wall.

(Ord. 699 § 2, 2014)

"Multifamily dwelling" shall mean a building containing three or more dwelling units, including apartments, flats, townhouses and condominiums. (Ord. 339 § 1, 1978; Ord. 699 § 2, 2014)

"One-family dwelling" shall mean a detached building designed for and occupied exclusively by one family. "One-family dwelling" includes employee housing for six or fewer persons as provided by California Health and Safety Code Section 17021.5. (Ord. 339 § 1, 1978; Ord. 699 § 2, 2014)

"Dwelling unit" shall mean a room or connected rooms constituting a separate housekeeping establishment containing independent cooking and sleeping facilities for occupancy by its owner(s), or by tenants who rent or lease the unit for a period of 30 or more consecutive days. (Ord. 339 § 1, 1978; Ord. 699 § 2, 2014)

"Election sign" shall mean a temporary sign that supports an announced candidate, a political party, or an issue of political significance relating to any national, State, County or local election. (Ord. 580 § 3(I), 2002; Ord. 606 § 3(J), 2004)

"Electric vehicle supply equipment" shall mean the hardware, including connectors, fixtures, devices, and other components required to charge an electric vehicle. (Ord. 755 § 2 (Exh. 1), 2021)

"Emergency shelter" shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. (Ord. 685 § 2, 2012)

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City of Calistoga, CA

CALISTOGA CODE

§ 17.04.230

§ 17.04.290

"Family" shall mean one person living alone, or two or more persons occupying a dwelling unit and living together as a single housekeeping unit that is characterized by the following:

• A. Shared use of a single common kitchen;

• B. Shared household expenses;

• C. Shared use of a common entry to the dwelling unit;

• D. Shared use of all or virtually all areas of the dwelling unit at all times; and

• E. Occupation of the unit under a single lease if the unit is not occupied in part by the owner. (Ord. 339 § 1, 1978; Ord. 710 § 2, 2015)

"Gross floor area" shall mean the total enclosed area of all floors of a building.

"Floor area ratio" ("FAR") shall mean the ratio of gross building floor area to net lot area. This is determined by dividing the gross floor area of a building by the net lot area. It is expressed as a ratio, i.e., two square feet of gross floor area for each three feet of net lot area results in a floor area ratio of 2:3 = .66.

"Freestanding sign" shall mean a sign that is not affixed to a building including, but not limited to, a sandwich board or similar portable sign or monument sign. (Ord. 606 § 3(K), 2004)

"Frontage" shall mean the dimension of a lot abutting a street or in the case of a building, the portion of the building facing the street.

(Ord. 339 § 1, 1978; Ord. 382 § 1, 1982)

"Major commercial garage" shall mean the activity or work of removing any major component (i.e., engine, transmission, or drivetrain) from a vehicle, and repairing, replacing or adjusting said component and which may include storing said vehicle on the premises for more than eight hours.

(Ord. 339 § 1, 1978)

"Minor commercial garage" shall mean the activity or work of repairing, adjusting, or replacing components of a vehicle without removing any major component from the vehicle (i.e., engine, transmission, or drivetrain) or needing to store said vehicle for more than eight hours on the premises.

(Ord. 339 § 1, 1978)

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City of Calistoga, CA

ZONING

§ 17.04.290

§ 17.04.350

"Garage" shall mean an accessory building or an accessory portion of a main building designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.

(Ord. 339 § 1, 1978)

"Gas station" shall mean a retail business selling gasoline or other motor vehicle fuels, and related products, derived from fossil fuels (e.g., petroleum, coal, natural gas). (Ord. 755 § 2 (Exh. 1), 2021)

"Geothermal resources" shall mean the natural heat of the earth and the energy in whatever form below the surface of the earth present in, resulting from, created by, or which may be extracted from such natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, excluding petroleum, natural gas or other hydrocarbon substances. (Ord. 339 § 1, 1978)

Repealed by Ord. 714. (Ord. 339 § 1, 1978)

"Guesthouse" shall mean living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, having no kitchen and not rented or otherwise used as a separate dwelling. (Ord. 339 § 1, 1978)

"Hanging sign" shall mean a sign which projects from a building wall or is otherwise designed in a manner which does not include a supporting structure attached to the ground. (Ord. 580 § 3(J), 2002; Ord. 606 § 3(L), 2004)

"Holiday sign" shall mean a temporary window display installed during holidays (i.e., Independence Day, Halloween, etc.). These may be installed on the outside of a window. (Ord. 606 § 3(M), 2004)

"Home occupation" shall mean an occupation operated entirely within a residential property by

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City of Calistoga, CA § 17.04.350

CALISTOGA CODE

§ 17.04.372

a person(s) residing there as a clearly secondary and incidental use of such property, which use must not change the residential character thereof.

"Home occupation sign" shall mean a sign which identifies a home business which is subordinate to the primary use of the premises as a residence.

(Ord. 580 § 3(K), 2002; Ord. 606 § 3(N), 2004)

"Hotel" shall mean a facility of six or more units located in a single structure or individual structures, which may be connected by corridors or outdoor pedestrian walkways. The facility shall have the primary purpose of providing transient lodging accommodations, as contemplated by Chapter 3.16 CMC, to the general public. The facility excludes time-share estates and/or time-share properties, but includes hotel-condominiums and their respective rental management entities, wherein the owners of hotel-condominiums obtain an estate in real property consisting of an undivided interest in common space together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. Units may contain a mini-bar (i.e., sink, refrigerator) but not a kitchen.

Additional services such as restaurants, retail shops, meeting rooms, and entertainment or recreational facilities may be allowed if the Planning Commission determines that such services are ancillary to the provision of transient lodging accommodations.

(Ord. 339 § 1, 1978; Ord. 528 § 3 (part 4), 1997; Ord. 631 § 1, 2006)

"Household pets" shall mean any animal kept exclusively inside the residence for which no special cages or shelters (inside or outside of the residence) are required, and which animal is not listed as an endangered or threatened species or such animal or possession thereof is not considered illegal, dangerous or a threat to the health, safety or welfare of the occupants of the residence or surrounding residents. These animals include, but are not limited to, snakes, birds (other than fowl), guinea pigs and other animals which are not offensive to a residential neighborhood by nature of noise, odor, or other objectionable features. Household pets shall not include any animal or bird maintained for commercial purposes, whether or not such animal or bird may be appropriate for a domestic pet. (Ord. 339 § 1, 1978)

Repealed by Ord. 699. (Ord. 685 § 3, 2012)

"Supportive housing" shall mean housing with no limit on length of stay, that is occupied by a target population as defined in this chapter, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

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City of Calistoga, CA

ZONING

§ 17.04.372

§ 17.04.395

(Ord. 685 § 4, 2012; Ord. 710 § 2, 2015)

"Transitional housing" and "transitional housing development" means buildings configured as rental housing and operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (Ord. 685 § 5, 2012; Ord. 699 § 2, 2014; Ord. 710 § 2, 2015)

"Incidental signs" shall mean signs including, but not limited to, exit, open/closed, vacancy/no vacancy, no soliciting, home/occupant name, deliveries, hours, and alarm system identification. (Ord. 580 § 3(L), 2002; Ord. 606 § 3(O), 2004)

"Inn" shall mean a facility of up to five units that offers transient lodging accommodations located in attached or detached structures for 30 days or less to the general public. (Ord. 557 § 3(1), 1999; Ord. 714 § 6(3), 2015)

"Interior illuminated sign" shall mean a sign which is internally illuminated by light source. (Ord. 580 § 3(M), 2002; Ord. 606 § 3(P), 2004)

"Interior sign" shall mean a sign located inside an enclosed space, not including signs painted, affixed or otherwise applied to a window.

(Ord. 580 § 3(N), 2002; Ord. 606 § 3(Q), 2004)

"Junior accessory dwelling unit" or "JADU" means a dwelling unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family structure. A junior accessory dwelling unit shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit. It may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(Ord. 744 § 2 (Exh. A), 2020)

"Kennel" shall mean the use of any premises accessory to another use, (except for accessory to an agricultural use), where six or more domesticated animals 10 weeks in age or older, are kept, boarded, trained, groomed or sold, whether for private use or monetary compensation. (Ord. 339 § 1, 1978)

"Live entertainment facilities" means any form of entertainment whether or not aided by

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City of Calistoga, CA

CALISTOGA CODE

§ 17.04.395

§ 17.04.441

amplification which is created or presented by an individual or group of individuals or, in some cases, by animals including, but not limited to: musical performances, comedic performances, theatrical or dance performances, speeches and other oratory performances, etc. The presentation of recorded or transmitted music or entertainment performances unaccompanied by a "DJ" shall not be considered to be live entertainment.

(Ord. 558 § 3(A)(2), 1999)

An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes complete kitchen space and sanitary facilities in compliance with the City building code and working space reserved for and regularly used by one or more occupants of the unit.

(Ord. 714 § 6(2), 2015)

"Loading space" shall mean an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

(Ord. 339 § 1, 1978)

"Lot" shall mean a designated parcel, tract or area of land established by plot, subdivision or as otherwise permitted by law to be used, developed or built upon.

"Corner lot" shall mean a lot situated at the intersection of one or more streets which streets have an angle of intersection of not more than 135 degrees. (Ord. 339 § 1, 1978)

"Lot coverage" shall mean the total ground area of a site occupied by any building or structure, as measured from the outside of its surrounding external walls or supporting members. Lot coverage includes exterior structures such as stairs, arcades, bridges, covered parking, eaves projecting greater than 24 inches from a building, and permanent structural elements protruding from buildings including overhanging balconies, oriel or bay windows, stories which overhang a ground-level story, and covered carports.

(Ord. 544 § 3, 1998; Ord. 614 § 3(C), 2004)

"Lot depth" shall mean the distance between the midpoint of the front lot line and the midpoint of the rear lot line measured at the midpoint of the lot.

"Interior lot" shall mean a lot other than a corner lot. (Ord. 339 § 1, 1978)

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City of Calistoga, CA

ZONING

§ 17.04.441

§ 17.04.492

"Key lot" shall mean the first interior lot to the rear of a reverse corner lot.

"Reverse corner lot" shall mean a corner lot having a side lot line which is substantially a continuation of the front lot line of a lot to its rear.

"Lot width" shall mean the distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines. (Ord. 339 § 1, 1978)

"Front lot line" shall mean a line separating the lot from the street for an interior lot; in the case of a corner lot, the front lot line shall be the narrowest frontage separating the lot from the street, regardless of orientation of the structure.

(Ord. 339 § 1, 1978)

"Rear lot line" shall mean the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular, or gore-shaped lot, the rear lot line shall mean a line within the lot parallel to and at a maximum distance from the front lot line, having a length not less than 10 feet.

(Ord. 339 § 1, 1978)

"Side lot line" shall mean any lot boundary line not a front lot line or a rear lot line. (Ord. 339 § 1, 1978)

"Lower income" shall mean a household whose annual gross income does not exceed 80% of median income adjusted by actual household size for households in the County of Napa, California, as published from time to time by the State of California, inclusive of acutely low, extremely low, very low, and low income households. (Ord. 780, 12/9/2025)

Repealed by Ord. 714. (Ord. 339 § 1, 1978)

"Manufacturers' outlet store" shall mean a business which regularly devotes more than 15 percent of the commercial floor area to the sale of merchandise, primarily from one or a few manufacturers, generally represented as irregular, discontinued, overstocked or merchandise not considered by the manufacturer as disposable through normal retail channels.

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City of Calistoga, CA

CALISTOGA CODE

§ 17.04.492

§ 17.04.525

(Ord. 614 § 3(G), 2004)

"Marquee sign" shall mean a sign which displays an interchangeable message using plastic, wood, metal, electronic or similar letters. Such signs may include, but are not limited to, product price signs and coming events or attractions.

(Ord. 580 § 3(O), 2002; Ord. 606 § 3(R), 2004)

"Medical marijuana dispensary" shall have the meaning as set forth in CMC § 8.30.010(A). (Ord. 676 § 3, 2011)

"Menu box" shall mean a sign utilized by a food establishment such as a restaurant or bakery, which identifies the line of products offered for sale on the site. (Ord. 580 § 3(P), 2002; Ord. 606 § 3(S), 2004)

"Mobile home" shall mean a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. "Mobile home" includes a manufactured home, as defined in Section 18007 of the California Health and Safety Code and "mobile home" as defined in Section 18008 of the California Health and Safety Code, but does not include a recreational vehicle as defined in Section 799.24 of the California Civil Code or Section 18001.8 of the California Health and Safety Code.

"Mobile home lot" shall mean any area or tract of land or portion of a mobile home park, designated or used for the occupancy of one mobile home. (Ord. 339 § 1, 1978)

"Mobile home lot line" shall mean a boundary line of a lot or site designated or used for the occupancy of one mobile home.

(Ord. 339 § 1, 1978)

"Mobile home park" shall mean a parcel or contiguous parcels intended for residential living in mobile homes exclusively. "Mobile home park" includes those accessory uses such as recreation rooms, storage facilities or other permanent structures commonly associated with mobile home parks.

(Ord. 382 § 3, 1982)

"Monument sign" shall mean a sign that is not attached to a building, fence or wall and that is constructed so as not to include multiple business names on a single parcel, such as in the case

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City of Calistoga, CA

ZONING

§ 17.04.525

§ 17.04.570

of a directory.

(Ord. 580 § 3(Q), 2002; Ord. 606 § 3(T), 2004)

"Motel" shall mean a facility of six or more units located in attached or detached structures offering transient lodging accommodations, for 30 days or less, to the general public. Access to the majority of the individual units is directly from the outside.

Additional services such as restaurants, meeting rooms, entertainment or recreational facilities may be provided.

(Ord. 528 § 3, 1997)

"Neon sign" shall mean a sign which has characters, letters, figures, or designs illuminated by bright, electric luminous/neon gas tubes that are specifically placed to draw attention to or provide nighttime viewing of the subject matter on the sign face. (Ord. 580 § 3(R), 2002; Ord. 606 § 3(U), 2004)

"Nonconforming building" shall mean a building or a portion thereof lawfully existing on the effective date of the ordinance codified in this title which does not comply with all the regulations of this title.

(Ord. 339 § 1, 1978)

"Nonconforming sign" shall mean a sign which was installed prior to the adoption of the provisions contained in Chapter 17.58 CMC that does not presently comply with the City's Sign Ordinance.

(Ord. 580 § 3(S), 2002; Ord. 606 § 3(V), 2004)

"Nonconforming use" shall mean a use lawfully existing on the effective date of the ordinance codified in this title that does not conform with the regulations of this title. (Ord. 339 § 1, 1978)

"Nursing home" shall mean a building or portion thereof, wherein the owner or proprietor is licensed by the State to furnish lodging and nursing care to one or more persons who are bedfast, chronically ill, handicapped, impaired, or convalescing, but not mentally ill or suffering from a communicable disease.

(Ord. 339 § 1, 1978)

"Open space" shall mean the total ground area of the site free of permanent structures from the ground upward to the sky including, but not limited to, planters, walkways, pools, ponds and

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City of Calistoga, CA

CALISTOGA CODE

§ 17.04.570

§ 17.04.592.5

other similar areas. Parking areas shall not be counted unless special paving or other design features are incorporated.

(Ord. 339 § 1, 1978; Ord. 614 § 3(D), 2004)

"Outdoor sales establishment" shall mean any business which sells, primarily at retail, certain goods and/or products which are displayed or otherwise merchandised outside an enclosed building, including auto sales, landscape nurseries, parking lot sales, camper sales and other similar uses.

(Ord. 339 § 1, 1978)

"Pennant" shall mean a sign made of any lightweight flexible plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, designed to move in the wind.

(Ord. 580 § 3(T), 2002; Ord. 606 § 3(W), 2004)

"Personal services establishment" shall mean any business where skilled physical service is provided to and for the benefit of an individual including, but not limited to: acupressure; massage; facial salon; and aromatherapy.

(Ord. 614 § 3(E), 2004)

"Pool (swimming) and/or hot tub or spa" shall mean a pool, pond, lake, or tank, capable of containing water to a depth greater than one and one-half feet at any point and designed or used for wading, hot tub activities or swimming. (Ord. 544 § 3, 1998)

"Portable sign" shall mean a sign that is not permanently affixed to the ground or a structure, such as "sandwich board" and "A-frame" signs.

(Formerly 17.04.592; Ord. 580 § 3(U), 2002; Ord. 606 § 3(X), 2004; Ord. 679 § 2, 2012)

A "private wine marketing event" is any activity conducted for the purpose of educating members of the wine trade and persons who have a pre-established business relationship with the owner/operator of the business in order to increase the amount of wine sold to those individuals. Marketing activities may include food service without charge when provided in association with such education and business development, but shall not include cultural and social events unrelated to such education and development. (Ord. 679 § 3, 2012)

"Public facilities" shall mean any facility, including, but not limited to, buildings, property, utilities, infrastructure, recreation areas and roads, that are owned, leased, or otherwise operated

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City of Calistoga, CA

ZONING

§ 17.04.592.5

§ 17.04.605

or funded by a governmental body or public entity. (Ord. 699 § 2, 2014)

"Public tours and tastings" are tours of a winery and/or on-site tastings of wines produced on the premises. Public tours and tastings may also include food and wine pairings, where all such food service is provided without charge except to the extent of cost recovery and is incidental to the tasting of wine. Food service may not involve menu options and meal service such that the winery functions as a cafe or restaurant.

(Ord. 679 § 5, 2012)

"Public sign" shall mean a sign which is located on property owned by a public or quasi-public agency which informs people of general issues of community interest. (Formerly 17.04.593; Ord. 580 § 3(V), 2002; Ord. 606 § 3(Y), 2004; Ord. 679 § 4, 2012)

"Real estate sign" shall mean a sign advertising a property or business for sale. (Ord. 606 § 3(Z), 2004)

"Religious facilities" shall mean buildings and activities associated with a nonprofit organization whose purpose is the inculcation of religious values, and that serves primarily persons who share the religious tenets of the organization.

(Ord. 699 § 2, 2014)

Repealed by Ord. 714.

(Ord. 614 § 3(A), 2004)

A long-term residential facility for more than 12 seniors who may require limited medical care, and that allows residents to live independently in their own unit; provides meals, housekeeping and transportation services; has a scheduled calendar of events for residents; offers assistance with dressing, personal hygiene and medications; and has a resident doctor and/or registered nurse on staff.

(Ord. 714 § 6(2), 2015)

"Residential hillside development" shall mean activity which proposes to construct, rehabilitate, or relocate structures on properties or portions of properties that are part of a hillside, hilly, or mountainous area, ridgetop or plateau.

(Ord. 339 § 1, 1978; Ord. 339 § 1, 1978)

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City of Calistoga, CA § 17.04.605

CALISTOGA CODE

§ 17.04.620

"Residential sign" shall mean a sign relating to a residential property, such as, but not limited to, the address or occupant name.

(Ord. 580 § 3(W), 2002; Ord. 606 § 3(AA), 2004)

Repealed by Ord. 714. (Ord. 339 § 1, 1978)

"Resort" shall mean a facility of six or more units which serves as a destination point offering transient lodging accommodations for 30 days or less to the general public and in addition to lodging, a restaurant (may) be provided and sufficient other facilities may be provided so as to meet the majority of the needs of a transient visitor during his or her stay. Additional facilities may include but are not limited to: swimming pools, tennis courts, golf course, retail shops, meeting rooms, conference rooms, or bicycle rentals.

(Ord. 528 § 3, 1997)

"Restaurant" shall mean a place of business which sells or serves food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof, walls, and where incidental dining may be permitted out-of-doors on a patio, deck or terrace integrated into the building design.

"Formula restaurant" shall mean an eating establishment devoted to the preparation and offering of food and beverages for sale to the public for consumption either on or off the premises which, by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:

• A.

  • Business name common to a similar business located elsewhere;

• B. Standardized menus, ingredients, food preparation, uniforms, or other standardized features common to a restaurant located elsewhere;

• C.

  • Interior decor common to a similar business located elsewhere;

• D.

  • Architecture or exterior signs common to a similar business located elsewhere;

• E. Use of a trademark or logo common to a similar business located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus, or indicating a rating organization including, but not limited to, AAA, Mobile or Michelin); or

• F. A name, appearance, or food presentation format which causes it to be substantially identical to another restaurant within or outside Calistoga.

• (Ord. 519 § 3, 1996; Ord. 567 § 3, 2000)

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City of Calistoga, CA

ZONING

§ 17.04.620

§ 17.04.629.10

"Scenic corridor" shall mean the visible land area outside the highway right-of-way and generally described as "the view from the road." (Ord. 339 § 1, 1978)

Repealed by Ord. 729 . (Ord. 536 §§ 3, 4, 1998)

Repealed by Ord. 706. (Ord. 599 § 7, 2004)

"Service station" shall mean a place where gasoline or any other motor fuel, lubricating oil, or grease for the operation of motor vehicles is offered for sale to the public and deliveries are made directly into the vehicle, including sale of accessories for the vehicle, performance of minor repairs and lubrication, and the washing of automobiles where no chain conveyor or blower is used.

(Formerly 17.04.630; Ord. 339 § 1, 1978)

"Sexually oriented retail business" shall mean any retail use that has as a substantial or significant portion of its stock in trade sexually oriented merchandise. (Ord. 643 § 4, 2007)

"Sexually oriented merchandise" shall mean items such as sexually oriented videos/DVDs (rental and sales), sexually oriented devices, and other sexually oriented items such as books, cards, and games as well as other items which relate to, depict, or are intended for use in "specified sexual activities" or "specified anatomical areas" as those terms are defined in this chapter.

(Ord. 643 § 5, 2007)

"Side awning sign" shall mean a sign which is designed on the narrow-most portion of an awning facing outward perpendicular to the street frontage.

(Ord. 580 § 3(X), 2002; Ord. 606 § 3(BB), 2004)

"Sidewalk dining" shall mean the use of a public right-of-way for the consumption of food or beverages in conjunction with the operation of a food service establishment property license for such service under State and county health regulations which provides on-premises customer seating.

(Ord. 654 § 2, 2008)

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City of Calistoga, CA § 17.04.629.10

CALISTOGA CODE

§ 17.04.635

"Sidewalk dining area" shall mean an area generally defined by the building's frontage within the public right-of-way.

(Ord. 654 § 2, 2008)

"Sign" shall mean any identification, description, illustration or device illuminated or nonilluminated which directs attention to a product, place, activity, person, institution or business. Any emblem, painting, banner, flag, pennant, placard, lighting or other item designed to advertise, identify or convey information shall be considered a sign. (Formerly 17.04.631; Ord. 580 § 3(Y), 2002; Ord. 606 § 3(CC), 2004)

"Sign copy" shall mean the actual area of any words, letter, numbers, designs, figures or other symbolic presentation incorporated into a sign with the purpose of attracting attention to the subject matter.

(Ord. 580 § 3(Z), 2002; Ord. 606 § 3(DD), 2004)

"Spa" or "health resort" shall mean a facility independent of or in conjunction with visitor accommodations where in addition to personal services, such as facials, massage and aromatherapy, services that involve shower facilities and baths (mud, steam and mineral) are provided.

A licensed health-care institution for persons who need nursing care, but do not require hospitalization. Services generally include the supervision of the care of every patient by a physician, the employment full-time of at least one registered nurse, the availability of nursing care 24 hours a day, the availability of a physician on an emergency basis and the presence of facilities for storing and dispensing drugs.

(Ord. 714 § 6(2), 2015)

"Public storage" or "mini warehouse" shall mean a building or buildings used or intended for the use of storage of goods of any type and whereby an area within said building(s) is rented or leased to another party.

"Story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above; if the finished floor level directly above a basement, garage or carport is more than six feet above grade at any point, such basement, garage or carport shall be considered a story. (Ord. 382 § 4, 1982)

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City of Calistoga, CA

ZONING

§ 17.04.635

§ 17.04.638

"Temporary sign" shall mean a sign that is intended to be installed for a brief period of time, typically 30 days or less, which relates to a particular temporary or seasonal activity. (Ord. 580 § 3(AA), 2002; Ord. 606 § 3(EE), 2004)

"Target population" means low-income adults having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code Division 4.5 commencing with Section 4500) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Ord. 710 § 2, 2015)

• A. "Timeshare estate" shall mean a right of occupancy in a timeshare project which is coupled with an estate in real property (tenants in common, joint tenants, individual ownership) and more specifically defined in the California Business and Professions Code Section 11003.5(b).

• B. "Timeshare project" shall mean a project in which a purchaser receives the right in perpetuity, for life, for a term of years or specific span of time, to the recurrent, exclusive ownership, use or occupancy of a lot, parcel, unit, store, office or other segment of real property, annually or on some other periodic basis as specifically defined in the California Business and Professions Code Section 11003.5(a).

• C. "Timeshare use" shall mean a license, contractual right or membership for a right of occupancy in a timeshare project which is not coupled with an estate in real property and as specifically defined in California Business and Professions Code 11003.5(c).

• (Formerly 17.04.635; Ord. 528 § 3, 1997)

"Transient commercial occupancies of dwelling units" shall mean the unpermitted commercial use of a dwelling unit for fewer than 30 consecutive days. (Ord. 699 § 2, 2014)

"Under canopy sign" shall mean a sign under an awning. (Ord. 580 § 3(BB), 2002; Ord. 606 § 3(FF), 2004)

"Use permit" shall mean a permit issued by the Planning Commission or other designated authority for authorizing a particular land use subject to certain conditions of approval.

• A. "Use permit, administrative" shall mean a use permit issued by the Director of Planning and Building for activities of a limited nature or duration as provided in Chapter 17.40 CMC.

• B.

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City of Calistoga, CA § 17.04.638

CALISTOGA CODE

§ 17.04.645

"Use permit, major" shall mean a use permit issued by the Planning Commission or other designated authority for particular land uses which are specified in Chapter 17.40 CMC.

• C. "Use permit, minor" shall mean a use permit issued by the Planning Commission or other designated authority for particular land uses which are specified in Chapter 17.40 CMC.

• (Ord. 528 § 3, 1997)

"Formula visitor accommodations" shall mean a business primarily devoted to providing transient occupancy to nonresidents, the use of which is subject to the transient occupancy tax (TOT), including, but not limited to, bed and breakfast inns and facilities, inns, hotels, motels, and spa and health resorts, and which, by contractual or other arrangement, established or recognized business practice, or membership affiliation, maintains any of the following:

• A.

  • Business name common to a similar business located elsewhere;

• B. Standardized services or uniforms common to a similar business located elsewhere;

• C.

  • Interior decor common to a similar business located elsewhere;

• D.

  • Architecture, exterior design, or signs common to a similar business located elsewhere;

• E. Use of a trademark or logo common to a similar business located elsewhere (but not including logos or trademarks used by chambers of commerce, better business bureaus, or indicating a rating organization including, but not limited to, AAA, Mobile or Michelin); or

• F. A name, appearance, business presentation or other similar features, which make the business substantially identical to another business within or outside Calistoga.

• (Ord. 567 § 3, 2000)

"Visitor-serving use" shall mean those uses or businesses that would generally not be located in Calistoga if it were not for the presence of tourists or visitors, and are characterized by a redundancy in merchandise from store-to-store with products being substantially similar to such products sold in other major visitor destinations. Examples of visitor-serving uses or businesses are souvenir, t-shirt shops, art galleries, jewelry shops, visitor accommodations and spas. (Ord. 614 § 3(B), 2004)

"Walkaway business" shall mean an establishment which sells certain foods readily prepared for immediate consumption without facilities customarily incidental to a restaurant operation, such as waiter service. The certain foods are ice cream, candies, sandwiches, and soft drinks. (Ord. 339 § 1, 1978)

"Wall-mounted sign" shall mean a sign mounted on a building, which projects outward from the building facade or is installed flat against the building wall. (Ord. 580 § 3(CC), 2002; Ord. 606 § 3(GG), 2004)

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§ 17.04.650

"Window sign" shall mean a sign which is painted, applied or otherwise affixed to a window or door containing a glass opening.

(Ord. 580 § 3(DD), 2002; Ord. 606 § 3(HH), 2004)

"Winery" shall mean a bonded establishment primarily used for the purpose of processing grapes or other fruit products into wine. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale or retail sales of wine produced or bottled on the premises. Ancillary activities such as public tours and tastings, private wine marketing events, sales of wine or winery-related merchandise, and public winery events may be conditionally permitted in conjunction with a winery.

(Ord. 625 § 1, 2005; Ord. 679 § 6, 2012)

"Winery events" are events or activities which are open to or hosted by members of the general public.

(Ord. 679 § 7, 2012)

A "wine shop" is an establishment that purchases and sells wines from multiple wineries and distributors. Wine shops are not owned or operated by wineries and must possess a Type 20, 21 or 42 license from the State Department of Alcoholic Beverage Control (ABC). Wines sold in a wine shop may be made in other counties in California, other states or other countries. Incidental wine tastings may occur in wine shops.

(Ord. 679 § 8, 2012)

A "winery tasting room" is an establishment that sells wines on behalf of one or more wineries and enables consumers to taste wine (with and without charge) as a regular part of the sales business. Winery tasting rooms are owned or operated by wineries that possess a Type 02 license from the State Department of Alcoholic Beverage Control (ABC). (Ord. 679 § 9, 2012; Ord. 750 § 2 (Exh. A § 1), 2021)

A "tasting room" is an establishment that sells alcohol on behalf of an off-site alcohol production facility and enables consumers to sample and taste alcohol (with and without charge) as a regular part of the sales business. The alcohol production facility possesses a Type 02 license from the State Department of Alcoholic Beverage Control (ABC). Tasting rooms include winery tasting rooms and tasting rooms operated in conjunction with an alcohol production facility off site. The use excludes bars and breweries with on-site alcohol production. (Ord. 750 § 2 (Exh. A § 1), 2021)

"Yard" shall mean any space on a building site, which is open and unobstructed from the ground to the sky, except for projections permitted by this title.

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City of Calistoga, CA § 17.04.650

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§ 17.04.720

(Ord. 339 § 1, 1978)

"Front yard" shall mean that area of a lot lying between the front lot line and the building setback line.

(Ord. 339 § 1, 1978)

"Interior side yard" shall mean that area of a lot lying between a side lot line that is shared with another lot and the building setback line.

(Ord. 740 § 2 (Exh. A), 2018)

"Rear yard" shall mean that area of a lot lying between the rear lot line and the building setback line.

(Ord. 382 § 5, 1982)

"Side yard" shall mean that area of a lot lying between the side lot line and building setback line.

"Street side yard" shall mean that area of a lot lying between a side lot line that is adjacent to a street and the building setback line.

(Ord. 740 § 2 (Exh. A), 2018)

"Zero-emission vehicle" shall mean any type of vehicle that has no tailpipe emissions. Vehicles run on electric motors and are powered by electricity delivered from batteries or hydrogen and fuel cells. In contrast to conventional internal combustion vehicles, zero-emission vehicles prevent air pollution, lower greenhouse gas emissions, and help integrate renewable energy into the transportation sector. There are two kinds of zero-emission vehicles: plug-in electric vehicles and hydrogen fuel cell electric vehicles.

(Ord. 755 § 2 (Exh. 1), 2021)

"Zero-emission vehicles – battery charging station" shall mean an accessory use consisting of one or more electric vehicle charging spaces served by an electric vehicle charger or other charging equipment. This includes any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. (Ord. 755 § 2 (Exh. 1), 2021)

"Zero-emission vehicles – hydrogen fuel cell station" shall mean one or more hydrogen fuel cell filling spaces served by equipment that stores, conveys, and dispenses hydrogen to zero-emission

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§ 17.04.720

§ 17.04.720

vehicles. (Ord. 755 § 2 (Exh. 1), 2021)

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§ 17.04.720