Division 1 — MISCELLANEOUS

This chapter contains the zoning regulations of the Town of Los Gatos.

(Ord. No. 1316, § 1.00.010, 6-7-76)

(a)

Generally. The zoning map of the Town is a part of this chapter, as is each amendment or revision of the zoning map hereafter adopted by ordinance.

(b)

Use. The zoning map of the Town shows zone boundaries. All other features of such maps are illustrative and are shown for the purpose of assisting in determining the location of zone boundaries. Correction in the zoning map may be made by the Planning Director so that the map will show features such as streets, buildings, territorial limits of public agencies and lot lines correctly, but changes in zone boundaries are made only by ordinance.

(Ord. No. 1316, §§ 1.00.020, 1.00.025, 6-7-76; Ord. No. 1328, 8-2-76)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:

Accessory building or structure means a subordinate building or structure on the same lot or building site, the use of which is incidental to that of the main structure or building and which is used exclusively by the occupants or owners of the main structure or building.

Accessway means a portion of a parcel of land which, because of its size and shape and its relationship to the street and balance of the property, is suitable only for pedestrian or vehicular access to the balance of the property.

Adjacent means nearby or close to, but not necessarily abutting.

Agriculture means the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, dairying or animal husbandry, including all uses customarily incidental thereto, but not including slaughterhouses, fertilizer yards, bone yards, or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

Airport means any area of land, water, building or structure used for the landing and taking off of aircraft such as, but not limited to, propeller, rocket, jet-driven aircraft and helicopters.

Alter means to change, modify, or add to in construction, or to change in size, shape, character, occupancy, or use, a building or structure.

Animal husbandry means the raising of horses and cattle. Animal husbandry shall not include hog farming or dairying.

Apartment, see Dwelling, multiple.

Arterial means any highway, street or road so designated in the general plan.

Attic means a non-habitable space (that may or may not be used for storage) with a maximum height of seven (7) feet six (6) inches as measured from the upper surface of the attic floor to the underside of the roof above. For the purposes of this definition, unfinished attic spaces are considered to have floor surfaces. Once an attic space exceeds seven (7) feet six (6) inches in height, all areas down to five (5) feet will be counted toward the floor area ratio.

Automobile wrecking, see Junkyard.

Bank, retail means commercial and non-profit banks and credit unions, which are primarily focused on in- person customer services such as: cash deposits/withdrawals, loans, checking and savings accounts, currency exchanges, mortgages, personal loans, and debit or credit card services. This classification does not include payday lending businesses or check cashing businesses. The term "payday lending business" as used herein means retail businesses owned or operated by a "licensee" as that term is defined in California Financial Code section 23001(d), as amended from time to time. The term "check cashing business" as used herein means a retail business owned or operated by a "check casher" as that term is defined in California Civil Code section 1789.31 as amended from time to time.

Bar means a drinking place operating within the hours of 6:00 a.m. and 2:00 a.m. where alcoholic beverages are served for on-site consumption. Food service is not required.

Breezeway means a roofed passageway, designed and used only to connect two (2) or more otherwise separate buildings and permanently open along at least fifty (50) percent of its perimeter.

Building means any structure used or intended to be used to shelter a person or personal property.

Building, abutting means buildings with a common wall.

Building, main means a building within which is conducted the principal or main use on a lot or parcel; where a permissible use involves more than one (1) structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on the parcel, as defined in this chapter, shall be construed as constituting a main or principal building.

Business or commerce means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for either profit or livelihood, regardless of whether there is any other motivation. The activities normally conducted in office buildings, offices, and in shops for the sale of personal services are included in the meaning of business or commerce.

By right approval shall have the meaning set forth in Government Code Section 65583.2(i).

Carport means an open-sided, roofed, automobile shelter, usually formed by extension of the roof from the side of a building.

Central Business District (CBD) means the area in the downtown which is zoned C-2.

Church means buildings designed for, or used for, religious worship or religious services. The term shall include synagogue.

Clinic means a place for group medical or dental services or practice not involving overnight housing of patients.

Club, private means an association of persons for some common nonprofit purpose, but not including groups organized primarily to render a service carried on as a business for profit.

Commission and planning commission are interchangeable, and mean the planning commission of the town.

Committee and development review committee are interchangeable and mean the development review committee.

Conditional use permit means an authorization allowing a particular use at a specified location, subject to conditions set forth in the authorization and in this chapter.

Convalescent, nursing and rest home means a home for ill, injured, or aged persons in which two (2) or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions.

Convenience market means an activity that includes the retail sale of food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and specialty food retail and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat.

Court means:

(1)

An open area, other than a yard, that is on the same lot with, and bounded on three (3) or more sides by, a building. The width of any court is its least horizontal dimension measured between opposite walls. The depth of any court is its greatest horizontal dimension measured at right angles to its width.

(2)

A court that opens for its required width on one of the following yards located on the same zoning lot: front or rear yard at least twenty (20) feet in depth; side yard on the street side of a corner lot; or a side yard at least twenty (20) feet in width. Any court other than an outer court is an inner court.

Demolition (historic structures) means:

(1)

Removal of more than twenty-five (25) percent of the wall(s) facing a public street(s) (or a street facing elevation if the parcel is a corridor lot or is landlocked) or fifty (50) percent of all exterior walls; or

(2)

Enclosure or alteration (i.e.: new window and/or window relocation) of more than twenty-five (25) percent of the walls facing a public street (or a street facing elevation if the parcel is a corridor lot or is landlocked) or fifty (50) percent of the exterior walls so that they no longer function as exterior walls; or

All remaining exterior walls must retain the existing exterior wall covering. No new exterior wall covering shall be permitted over the existing exterior wall covering. The following are exempt from this definition:

a.

Replacement. The exterior wall covering may be removed if the covering is not original to the structure.

b.

Repair. The removal and replacement of in kind non-repairable exterior wall covering resulting in no change to its exterior appearance or historic character if approved by the deciding body.

c.

Removal. The removal of an addition(s) that is not part of the original structure and which has no historic significance, as determined by the Historic Preservation Committee. Demolition shall be determined by subsections (1) and (2) above for the original structure, where walls enclosed by additions shall be considered as exterior walls.

Demolition (nonhistoric structures) means removal of more than fifty (50) percent of the exterior walls. The following is exempt from this definition:

a.

Repair. The removal and replacement of in kind non-repairable wall resulting in no change to its exterior appearance or character if approved by the Community Development Director.

Destroy means and includes demolish or raze, fully or partially, any building or structure by any means including, but not limited to fire, explosion, act of God, act of the public enemy, voluntary act of the owner or wrongful act of another.

Destructive device means any explosive, incendiary, bomb, grenade or any similar device as more particularly defined in Title 18, United States Code, and the California Penal Code.

Downtown means the area encompassed by the downtown specific plan, as amended from time to time.

Dwelling, group means on one (1) lot, groups of more than one (1) of such main buildings as are permitted by the regulations of the zone.

Dwelling, multiple-family means a building or portion thereof used or designed as a residence for three (3) or more families living independently of each other, including apartment houses, apartment hotels and flats, but not including auto courts.

Dwelling, single-family means a detached building containing but one (1) kitchen and designed and used to house not more than one (1) family, including domestic employees of such family, and manufactured homes pursuant to Section 65852.3 of the Government Code.

Dwelling, two-family means a detached building designed for, or occupied exclusively by, two (2) families living independently of each other.

Dwelling, unit means a building or portion thereof intended for occupancy or occupied by one (1) family exclusively, and containing but one (1) kitchen.

Electric vehicle (EV) means any vehicle that is licensed and registered for operation on public and private highways, roads, and streets exclusively powered by electricity from an off-board source that is stored in the vehicle's batteries, includes no internal combustion and only limited fluids or oils, and produces zero tailpipe emissions or pollution when stationary or operating. EV includes a battery electric vehicle (BEV) but does not include a plug-in hybrid electric vehicle (PHEV).

Emergency shelter means a housing facility as defined by Health and Safety Code Section 50801 with minimal support services for homeless persons that is limited to temporary occupancy of six (6) months or less by a homeless person.

Erect means and includes build, construct, install, assemble, improve, alter, reconstruct, restore, or renovate, any building structure, improvement, facility, or any part or portion thereof or foundation thereof, or appurtenances thereto, whether or not such building, structure, improvement or facility is completed, or to work upon, or in any way assist in such erection.

Family means one (1) or more persons who comprise a single household and who live together as a single housekeeping unit. This definition also includes households of six (6) or fewer persons living in a residential care facilities small family home as defined by the California Community Care Facilities Act.

Family daycare home means a dwelling where daycare is provided for children under eighteen (18) years of age who are unrelated to the licensee. A small family daycare home is for eight (8) or fewer children and a large family day care home is for nine (9) to fourteen (14) children. Both limitations include children under ten (10) years of age who reside at the home.

Fence height means measured from finished grade and shall be measured from either side of the property line which affords affected property owners the most buffering from noise, light, glare, or privacy impacts.

Financial and investment services means businesses that offer financial advice and services, including, but not limited to: investment banking, portfolio management, private equity, and venture capital.

Firearm means any device which is designed to be used as a weapon or may be converted or modified to be used as a weapon which expels a projectile through a barrel by the force of an explosion or other form of combustion. A "firearm" includes any device defined in Title 18, United States Code, and relevant sections of the California Penal Code.

Firearm ammunition (or ammunition) means any cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, and any component thereof.

Floor area, gross means the entire enclosed area of all floors that are more than four (4) feet above the proposed grade, measured from the outer face of exterior walls or in the case of party walls from the centerline. Gross floor area also includes any part of exterior balconies or walkways above the ground floor required for ingress and egress. Ornamental balconies and outside unroofed corridors not required for ingress or egress are excluded. The area of elevator shafts and stairwells is also included except on the ground floor.

Floor area ratio (FAR) means the gross floor area of a building or buildings on a zoning plot divided by the area of such zoning plot.

Floor, (finished) means the lowest point of elevation of the top of the sub-floor or finished foundation slab as measured from finished grade, a known fixed reference height benchmark, or as a height referenced from sea level.

Formula retail business means a retail business which, along with eleven (11) or more other business locations, is required by contractual or other arrangement to maintain any of the following: standardized merchandise, services, decor, uniforms, architecture, colors, signs or other similar features.

Garage means an accessory structure or any part thereof designed or used for parking or storing one (1) or more vehicles.

Garage, repair means a structure, or any part thereof, used for the commercial repair or painting of vehicles.

Garage, storage means a structure, or any part thereof, used commercially for the storage, parking or servicing of vehicles, but not the repair thereof.

Grade, (finished) means the lowest point of ground elevation of the finished surface of the ground after any construction or grading activities (including, but not limited to, cut and fill of existing slopes) as measured

from a known fixed reference height benchmark or as a height referenced from sea level.

Grade, (ground level) means the average of the finished ground level at the center of all walls of a building. When walls are parallel to and within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk.

Grade, (natural) means the lowest point of ground elevation of undisturbed soil as measured from a known fixed reference height benchmark or as a height referenced from sea level.

Group classes means instruction provided at a rate greater than one (1) student per one (1) instructor and does not include schools as defined in this section.

Group home shall have the same meaning as a residential care facility, small family home.

Hazardous waste management facility means an operation that entails the systematic control of the storage, transportation, processing, treatment, collection, source separation, recovery and disposal of hazardous wastes. Hazardous wastes are those wastes which because of quantity, concentration, or physical, chemical, or infectious characteristics may pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

Height means the height of all structures, excluding fences, shall be determined by the plumb vertical distance from the natural or finished grade, whichever is lower and creates a lower profile, to the uppermost point of the roof edge, wall, parapet, mansard, or other point directly above that grade. For portions of a structure located directly above a cellar, the height measurement for that portion of the structure shall be measured as the plumb vertical distance from the existing natural grade to the uppermost point of the structure directly over that point in the existing natural grade. No point of the roof or other structural element within the exterior perimeter of the structure shall extend beyond the plane established by the maximum height plane except as allowed by section 29.10.090.

Historic structure means:

(1)

Any structure that is located within an historic district; or

(2)

Any structure that is historically designated; or

(3)

Any primary structure constructed prior to 1941, unless the deciding body has determined that the structure has no historic significance and should not be included in the Town Historic Resources Inventory.

Home occupation means the use of a dwelling unit for a nonresidential purpose, but in a limited manner both subordinate to the residential use and not discernible from the exterior of the dwelling unit so used.

Hospital means an institution designed and operated to provide a full range of diagnostic, surgical and therapeutic treatment to the sick or injured, as well as short-term recuperative residency for patients. "Hospital" does not include convalescent, nursing or rest homes as defined herein.

Hotel/motel means a building where lodging, with or without meals, is provided for compensation and where occupancy is generally limited to no more than thirty (30) days.

Interested person means:

(1)

Residential projects. Any person or persons or entity or entities who own property or reside within one thousand (1,000) feet of a property for which a decision has been rendered, and can demonstrate that their property will be injured by the decision.

(2)

Non-residential and mixed-use projects. Any person or persons or entity or entities who can demonstrate that their property will be injured by the decision.

Junkyard means any open space where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap metals, paper, rags, rubber tires, old building materials, old plumbing fixtures, and bottles. Junkyard includes automobile wrecking yard, any open area where automobiles are disassembled, but does not include lawful activities in buildings.

Land, abutting means parcels of land having a common property line.

Livestock farming, small means the raising or keeping of more than four (4) chickens, hens, pigeons or a similar fowl or four (4) rabbits or similar animals, or any ducks, geese, guinea fowl, peafowl, goats, sheep or similar livestock, or the raising or keeping for commercial purposes of any cats or dogs, but shall not include hog farming or dairying.

Loading area, off-street means a 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, and which abuts upon a street or alley or other appropriate means of access.

Lot means a parcel of land which under the terms of the Subdivision Map Act and local ordinances exists separately from all other land. A parcel of land which is merged with one (1) or more other parcels under the provisions of the Subdivision Map Act or section 29.10.070 does not exist separately from other land. Merged parcels are a single lot.

Lot area means the total horizontal area included within lot lines, except as otherwise provided in the chapter, and excluding land required for public dedication and any land determined to be riparian habitat.

Lot, corner means a lot situated at the intersection of two (2) or more streets, or bounded on two (2) or more abutting sides by street lines.

Lot, corridor means a lot with access to a street by means of a strip of land having less frontage or width than that required for the parcel by this chapter.

Lot depth means the horizontal distance between the front and rear property lines of a lot measured from a point midway between the side property lines.

Lot, frontage means the property line of a lot abutting on a street, which affords access to a lot other than the side line of a corner lot. On a corner lot either property line on a street may be determined to be the frontage.

Lot, interior means a lot other than a corner lot.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear property lines.

Minor exterior alterations to commercial buildings means exterior alterations, including:

(1)

Replacing or changing out windows

(2)

Replacing or adding awnings

(3)

Changes to or addition of arcades

(4)

Replacement of or changes to exterior materials

(5)

Small scale additions where the project is in full compliance with the Town's Commercial Design Guidelines and Town Code and does not result in an intensification of use as described in Section 29.20.145(4).

Mobile home means:

(1)

A structure designed for human habitation and for being moved on a street or highway under permit pursuant to Vehicle Code section 35970 (as it may be amended).

(2)

A mobile home, as defined in Health and Safety Code section 18008 (as it may be amended).

(3)

A manufactured home, as defined in Health and Safety Code section 18007 (as it may be amended).

"Mobile home" does not include a recreational vehicle, as defined in Civil Code section 799.24 and Health and Safety Code section 18010, a commercial coach, or factory-built housing, as defined in Health and Safety Code section 19971 (as they may be amended).

Mobile home park means an area of land where two (2) or more mobile home sites are rented, or available for rent, to accommodate mobile homes used for human habitation, including areas of land zoned or otherwise approved for use as a mobile home park pursuant to this chapter or as defined in Health and Safety Code section 18214 (as it may be amended).

Nonconforming building means a building which was lawfully erected but under the terms of this chapter is too close to a property line, too close to a street, too high, covers too much of a lot or is of a wrong type.

Nonconforming lot means a lot which was lawfully created but under the terms of this chapter or chapter 24 is too small, too narrow, too shallow, or lacks sufficient street frontage.

Nonconforming use is an activity or occupancy which was lawfully commenced but under the terms of this chapter is not permitted or is more intensive than is permitted. Examples of uses which are too intensive are those for which parking spaces required by this chapter are not provided or any use which is, under the terms of this chapter, one (1) of an excessive number of units of use on the same zoning plot. This is not an exclusive listing.

Number of employees means the largest number of persons working in direct connection with the business during any shift.

Nursery school/Day care center means a school for pre-elementary school age children which provides controlled activities and instruction.

Occupancy means the purpose for which a building is used, or is intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Office activities means office uses, including, but not limited to: administrative; professional; medical; dental; optical; real estate; insurance; financial and investment services; venture capital; technology incubator facilities; biotechnology incubator facilities, including dry-lab facilities where testing and analyses is performed using data, coding, and computer systems and excluding wet-lab facilities where testing and analyses are performed using physical samples, biological matter, chemicals, and/or hazardous substances; and other similar office uses characterized by an absence of retail sales.

Open space means an area of land open and unobstructed from the ground to the sky. Private open space, such as may be required for residential condominiums or similar development, may have balconies and roof eaves extending over a portion of the required private open space.

Ordinance means this chapter.

Outdoor entertainment means entertainment provided by a hotel, motel, restaurant, bar or similar establishment conducted outside the confines of a building including courtyards, pool areas and the like.

Outdoor storage means storage of merchandise or materials outside the confines of an approved building.

Patio cover means the roof structure covering an outdoor area either attached or unattached to a main or accessory building and open on at least two (2) sides.

Personal service business means uses that predominately sell personal convenience services directly to the public, including, but not limited to: acupressure, barbers, beauty salons and related services, cosmetologists, electrolysis, estheticians, facial and/or skin care, hair dressers and/or hair stylists, hair removal and/or replacement, manicurists, massage therapists, myofascial therapists, nail salons, pedicurists, permanent make-up, rolfers (therapists), skin and body care, piercing, spas, tanning salons, tattooing, cleaners, dog grooming, tailors, and other services of a similar nature. Personal service business does not include travel agencies, insurance offices, law offices, architect offices, or any other type of office use.

Primary dwelling unit means a single-family or two-family dwelling unit located on a lot with no other dwellings on the lot except for accessory dwelling units, whether attached or detached. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation located on the same parcel as the primary dwelling unit.

Recreational open space means any area of land set aside for recreational purposes, both active and passive, and intended, but not limited to, a park-like atmosphere.

Recycling collection facility means:

(1)

A small collection facility is smaller than five hundred (500) square feet and intended for the collection of recyclable materials and can include kiosks, igloos, bins, trailers or bulk reverse vending machines. These facilities are generally temporary.

(2)

A large collection facility is larger than five hundred (500) square feet and accepts recyclable materials in large quantities for storage and eventual shipment. This facility is generally a permanent structure.

Residential care facility means an establishment where authorized, certified, or licensed for care, pursuant to the provisions of the California Community Care Facilities Act, where twenty-four-hour-day nonmedical care is provided to persons, unrelated to the licensee and residing there, who need personal services, protection, supervision, assistance, guidance, and training essential for sustaining their activities of life or for their protection, when the establishment is a facility authorized, certified, or licensed for such care pursuant to the provisions of the California Community Care Facilities Act or other applicable State law and when no medical care is provided other than such incidental care that is permitted without additional authorization, certification or licensing pursuant to State law.

(1)

A small family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for six (6) or fewer persons. Whether or not unrelated persons are living together, a residential

facility that serves six (6) or fewer persons shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property.

(2)

A large family home is a residential care facility in the dwelling of a licensee in which care or supervision is provided for seven (7) to twelve (12) children or seven (7) to fifteen (15) adults.

Residential care facility for the elderly means a voluntary group housing arrangement by residents over sixty (60) years of age as defined or required pursuant to Health and Safety Code section 1569 et seq.

Restaurant means a retail food service establishment in which food and beverage is prepared, served, and sold to customers for on-site or take-out consumption.

Restaurant, drive-in means a restaurant where food or beverages are sold to be eaten in vehicles whether on or off the premises or are delivered directly to the occupants of vehicles.

Retail sales of firearms, ammunition and/or destructive devices means any business engaged in the selling, leasing, or otherwise transferring any firearm, firearm component, ammunition and/or destructive device as defined in this chapter by means of traditional retail sales, individual or bulk transactions, internet transactions, or in any other manner indicative of trade.

Retail use means providing on site sales directly to the consumer for consumer or household use, including but not limited to the following: small markets/businesses which sell meat, vegetables, dairy products, baked goods, candy and/or other food products, household cleaning and maintenance products, cards, stationary, notions, books, cosmetics, specialty items, hobby materials, toys, household pets and supplies, apparel, jewelry, fabrics, cameras, household electronic equipment, CD music and movies, sporting equipment, kitchen utensils, home furnishings, home appliances, art supplies and framing, art work, antiques, paint, wallpaper, carpet, floor covering, office supplies, musical instruments, hardware, homeware, computers and related equipment/supplies, bicycles, automotive parts and accessories (excluding service and installation), and flowers, plants and garden supplies (excluding nurseries). Retail sales that are incidental to the primary use will not satisfy this definition.

Sales, service, and/or repair of electric vehicles means any business engaged in the selling, service, and/or repair of electric vehicles as defined by means of traditional retail sales, the service and/or repair of electric vehicles with the use of computers and with limited use of fluids, and the charging of electric vehicles. Body repair is not permitted; tire changing is permitted.

Schools means all schools or institutions, whether public or private, and whether or not organized for profit, which give a course of study as defined or determined by divisions of the Education Code of the State.

Secondary dwelling unit means a detached or attached dwelling unit which provides complete independent living facilities for one (1) or more persons and is accessory to and generally smaller than a primary dwelling unit. A secondary dwelling unit is located in a permanent structure with separate entrance, sleeping, bath and kitchen facilities (stove, hot plate, microwave oven or equivalent).

(1)

A detached secondary dwelling unit is physically separate from the primary dwelling unit.

(2)

An attached secondary dwelling unit requires modification to the exterior walls of the primary dwelling unit.

(3)

An interior secondary dwelling unit requires modifications only to the interior walls of the primary dwelling unit.

Senior citizen means any person sixty-two (62) years of age or older, subject to the restrictions and exceptions as provided by Civil Code section 51.3.

Service station means a place where vehicles are serviced, when the services are limited to (1) the selling of petroleum products, electricity or other alternative fuel, tires, batteries and accessories, servicing automobiles, trucks and similar vehicles, including minor automotive repair, but excluding auto body, fender, major engine repair or rebuilding, and outside repairs of any kind, and excluding outside display of goods, except for petroleum products, electricity or other alternative fuel; and (2) in the square footage defined for such use in its conditional use permit or architecture and site approval, the selling of food, beverages excluding distilled spirits, and small personal convenience items, primarily for off-premises consumption.

Sex shop means a store where implements or paraphernalia intended for direct tactile sexual stimulation of human beings are sold.

Sex studio means a business that is sexually-oriented and provides what is commonly known as "adult" entertainment, activity or recreation, including:

(1)

Massage studios or establishments. The Town recognizes that there is a place for legitimate massage practice as a healing art, and therefore, the practice of massage by licensed physicians, osteopaths, registered nurses, physical therapists and chiropractors, and of athletic trainers whose work is concerned with the alleviation of the symptoms of athletic injury is neither intended to be nor encompassed within this definition;

(2)

Nude encounter studios;

(3)

Nude adult exhibitions, live or otherwise, excepting theaters;

(4)

Peep shows;

(5)

Adult escort services;

(6)

Nude adult art or photography studios;

(7)

Nude adult wrestling centers;

(8)

Any business, use of land or occupation similar or related to those listed in subsections (1) through (7).

Shopping center means a development which consists of not less than thirty thousand (30,000) square feet of enclosed floor area on a site not less than two (2) acres in size the ownership of which is either vested in a single person or entity or in several persons or entities, the interest of each being one (1) which is undivided in the whole, and which integrates as a part of the total development several retail stores and food or beverages sales, motel accommodations, or business or professional offices operated by the owner or owners of the development either under lease or rental agreement by third parties.

Specialty food retail means businesses that are primarily walk-in and impulse businesses that do not generally serve meals, but offer pre-packaged/pre-prepared foods and/or made-to-order beverages and have limited to no seating. Examples include but are not limited to: tea houses, donut shops, juice/smoothie bars, and ice cream/frozen yogurt shops. Specialty food retail does not include coffee houses.

Stables, private means an accessory building used to shelter horses belonging to the occupants of the main building and not for hire, including a corral or paddock.

Stables, public means a stable, other than a private stable, for the keeping of horses for compensation, or to house horses for hire or sale, including a corral or paddock.

Story means 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 or cellar is more than six (6) feet above grade, such basement or cellar shall be considered a story. Three (3) story building elevations are prohibited in Hillside Residential and Resource Conservation Zones.

Street means any thoroughfare for the motor vehicle travel which affords the principal means of access to abutting property, including public and private rights-of-way and easements.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, including a gas or liquid storage tank that is principally above ground.

Swimming pools means any constructed or prefabricated pool used for swimming or bathing, twenty-four (24) inches or more in depth.

Tap/tasting room means an establishment operating within the hours of 10:00 a.m. and 10:00 p.m. devoted to the sampling and sale of alcoholic beverages for on- and/or off-site consumption. Food service is not required.

Townhouse means a single-family dwelling abutting another single-family dwelling without a side yard or setback on one (1) or two (2) sides, or side to back, depending on design, and using a common wall for the full height of the building to divide each dwelling unit.

Transitional housing means a housing facility as defined by Health and Safety Code section 50675.2(h) with buildings configured as rental housing developments, but 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 (6) months.

Use means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged, or for which either a site or a structure is or may be occupied or maintained.

Vehicle includes automobiles, buses, motorcycles, boats, trailers, mobile homes, recreational vehicles, trucks, campers, motorized construction equipment, tractors and similar devices.

Vending machines means machines generally stocked with food or beverages in which money is inserted for purchase of these items. These machines can also include those which accept recyclable containers in exchange for a refund or redeemable coupons. Such machines can include soft drink and food vending machines, ice machines, water dispensers and reverse vending machines.

Wall covering means the finished surface of an exterior or interior wall.

Wall, exterior means one (1) of the sides of a building connecting foundation and roof. An exterior wall encompasses the total height and width of the side of the building and the studs/structural elements used in the faming of the wall.

Yard means an open space on the same site as a structure, unoccupied by any use except for landscaping, sidewalks, driveways or swimming pools, and unobstructed from the ground upward, unless otherwise specified in any zone, including a front, side or rear yard or space between buildings or structures.

Zoning approval means one (1) of those approvals set forth in division 3 of article II of this chapter.

Zoning plot means a plot of ground consisting of one (1) or more lots or parcels on which a common improvement has been authorized under this chapter.

(Ord. No. 1316, §§ 2.00.010—2.00.500, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1331, 9-5-76; Ord. No. 1337, 11-1-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21-77; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11- 21-77; Ord. No. 1432, 6-4-79; Ord. No. 1459, 2-19-80; Ord. No. 1531, 4-20-82; Ord. No. 1546, 8-16-82; Ord. No. 1582, 6-20-83; Ord. No. 1606, 2-6-84; Ord. No. 1608, 2-21-84; Ord. No. 1617, 5-21-84; Ord. No. 1654, 4-22-85; Ord. No. 1667, 12-2-85; Ord. No. 1685, 6-2-86; Ord. No. 1694, 12-1-86; Ord. No. 1716, 4- 20-87; Ord. No. 1717, 5-4-87; Ord. No. 1737, §§ I, II, 11-2-87; Ord. No. 1746, 3-21-88; Ord. No. 1758, §§ II, III, 8-1-88; Ord. No. 1763, § I, 10-3-88; Ord. No. 1789, §§ I—III, 5-15-89; Ord. No. 1846, § I, 5-6-91; Ord. No. 1946, § I, 6-7-93; Ord. No. 1963, § I, 11-15-93; Ord. No. 1977, § I, 5-2-94; Ord. No. 2006, § I, 11-6-95; Ord. No. 2021, § II, 9-16-96; Ord. No. 2023, § II, 11-18-96; Ord. No. 2049, § I, 10-5-98; Ord. No. 2062, §§ I,

II, 6-21-99; Ord. No. 2083, § I, 5-7-01; Ord. No. 2107, § I, 11-4-02; Ord. No. 2121, § I, 11-3-03; Ord. No. 2132, § I, 5-17-04; Ord. No. 2144, § I, 9-6-05; Ord. No. 2149, § I, 5-1-06; Ord. No. 2220, § I(Exh. A), 10-7- 13; Ord. No. 2222, § II(Exh. A), 10-21-13; Ord. No. 2233, § I(Exh. A), 8-5-14; Ord. No. 2264, § I, 11-7-17; Ord. No. 2270, § I, 2-6-18; Ord. No. 2273, § I, 5-1-18; Ord. No. 2283, § I, 5-21-19; Ord. No. 2285, § I, 6-18- 19; Ord. No. 2295, § I, 11-19-19; Ord. No. 2304, § II, 2-18-20; Ord. No. 2306, § I, 4-21-20; Ord. No. 2307, § I, 4-21-20; Ord. No. 2342, §§ II—VII, 8-1-23; Ord. No. 2353, § I, 3-5-24; Ord. No. 2370, § II, 2-4-25)

No amendment or revision of the zoning ordinance nor any change of zone of land, which amendment, revision or change retains the substance of a regulation shall, as to the retained regulation, operate to stop the running of any limiting period of time, transform any unlawful into a lawful use or cause any action to be barred or abated.

(Ord. No. 1316, § 1.00.030, 6-7-76)

The zoning ordinance is adopted to promote and protect the public health, safety, peace, morals, comfort, convenience and general welfare of the Town and its inhabitants, and particularly:

(1)

To provide a guide for the development of the Town to preserve its character of a low density residential community with those attributes of a balanced land use program consisting of residential, commercial, industrial and recreational areas so located and controlled to promote stability of land use both existing and proposed.

(2)

To protect the social and economic stability of the Town.

(3)

To promote a safe, effective traffic circulation system, and to provide adequate off-street parking.

(4)

To facilitate orderly industrial and commercial development.

(5)

To preserve the natural beauty of the Town and protect its residential neighborhoods from the intrusion of commercial interests.

(6)

To prevent improper disposal of toxic waste.

(7)

To assure the orderly and beneficial development of all areas of the Town.

(Ord. No. 1316, § 1.00.040, 6-7-76; Ord. No. 1991, § II, 11-7-94)

The provisions of this chapter apply to all property regardless of ownership, including to the extent permitted by law, property owned by a governmental agency.

(Ord. No. 1316, § 1.00.050, 6-7-76; Ord. No. 1363, 8-1-77)

No land shall be used, and no building or structure shall be erected, enlarged, altered, moved, or used in any zone, as zones are shown on the zoning map, except in accordance with the terms of this chapter.

(Ord. No. 1316, § 1.00.060, 6-7-76)

(a)

Generally. All uses which are not authorized by this chapter either by specific listing or by category are prohibited.

(b)

Listed. Notwithstanding the provisions of this chapter concerning categories of allowed uses, the following uses are prohibited in all zones:

Junkyard;

Drive-in restaurant;

Cemetery;

Sex shop;

Sex studio;

Mobile home occupied as a dwelling except in a mobile home park and except as a temporary structure and approved by the deciding body, and except when placed on a lot zoned for single-family dwelling, subject to all applicable ordinances and regulations affecting single-family dwellings;

Mobile home occupied for any purpose other than as a dwelling, except temporarily as an office in connection with and during construction work;

Heavy industry;

Airport;

Solid waste disposal site;

Sales of distilled spirits at a service station.

The intent of this section is to prohibit uses which might appear to be included in an allowed category. Omission of a use from this section is not intended as an indication that the omitted use is allowed in some zones.

(Ord. No. 1316, § 1.00.080, 6-7-76; Ord. No. 1363, 8-1-77; Ord. No. 1369, 10-3-77; Ord. No. 1407, 10-16- 78; Ord. No. 1521, 11-2-81; Ord. No. 1655, 5-20-85; Ord. No. 2023, § III, 11-18-96)

Nothing in this chapter shall limit use of property for activities in conjunction with a special event permitted pursuant to the provisions of Article X of Chapter 14 of this Code.

(Ord. No. 1908, § I, 7-20-92)

The provisions of sections 29.10.070 through 29.10.295 apply to all zones.

(Ord. No. 1316, § 3.00.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1344, 1-17-77; Ord. No. 1349, 3-21- 77)

Any required front yard or any other required yard abutting a street must be landscaped.

(Ord. No. 1316, § 3.05.010, 6-7-76; Ord. No. 1337, 11-1-76)

Off-street parking spaces shall not be located in any required yard abutting a street.

(Ord. No. 1316, § 3.05.020, 6-7-76; Ord. No. 1337, 11-1-76)

(1)

Private open space. Each ground floor dwelling unit shall have a minimum of one hundred and twenty (120) square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area. Each dwelling unit above the ground floor shall have sixty (60) square feet of outdoor usable open space in the form of a balcony. Where multiple balconies are provided for a single unit, the 60-square foot minimum can be an aggregate of all balconies, provided each balcony meets the requirements for minimum horizontal dimensions. For purposes of this section, a multiple floor unit with the lower floor on the ground level can choose to either provide one hundred and twenty (120) square feet of open space in the form of a single enclosed patio or deck or provide sixty (60) square feet of open space in the form of a balcony. The minimum horizontal dimension is six (6) feet in any direction. The minimum

vertical clearance required is eight (8) feet. Private recreation space shall be directly accessible from the residential unit. Private open space shall be suitably screened for the privacy of the occupant. Location and screening are subject to review by the deciding body.

(2)

Community recreation space. The minimum dimensions are ten (10) feet by six (6) feet. A minimum of sixty (60) percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of fifteen (15) percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at fifteen (15) years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.

i.

Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of one hundred (100) square feet per residential unit plus a minimum of two (2) percent of the non-residential square footage.

ii.

Community recreation space shall be provided in multi-family residential development projects at a minimum of one hundred (100) square feet per residential unit.

iii.

A project with four (4) or fewer residential units is exempt from community recreation space requirements.

(Ord. No. 1316, § 3.05.030, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77; Ord. No. 1375, 11-21- 77; Ord. No. 2370, § III, 2-4-25)

(Ord. No. 2040, § II, 2-2-28)

Sec. 29.10.06701. - Subdivision Design standards—Generally.

Those certain subdivision design standards which are on file in the office of the Town Engineer are by reference incorporated in this chapter as the subdivision design standards of the Town.

(Ord. No. 2040, § III, 2-2-98)

Sec. 29.10.06702. - Same—Streets.

The design of a subdivision shall comply with the following street and highway standards as determined by the advisory agency:

(1)

Highways and major streets. Highways and major streets shall conform to the width as adopted by the circulation element of the general plan.

(2)

Collector streets. The width of right-of-way for all collector streets, and streets and areas to be used for other than one-family and two-family residences shall not be less than sixty (60) feet with a paved roadway width excluding width of curb and sidewalk areas of not less than forty (40) feet; except that, in mountainous or hillside areas the width of paved roadway may be reduced from forty (40) feet to thirty-four (34) feet if parking is prohibited along one (1) side of the street, or twenty-eight (28) feet if parking is prohibited on both sides of the street. In mountainous or hillside areas the width of the right-of-way shall not be less than forty (40) feet.

(3)

Minor streets. The width of right-of-way for minor streets shall be not less than fifty-six (56) feet with a paved roadway width of not less than thirty-six (36) feet, excluding curb and sidewalk; except, that in mountainous or hillside areas the width of the paved roadway may be reduced from thirty-six (36) to thirty (30) feet if parking is prohibited along one (1) side of the street, or twenty-four (24) feet if parking is prohibited on both sides of the street. In mountainous or hillside areas the width of the right-of-way shall not be less than forty (40) feet.

(4)

One-way streets. One-way streets may be acceptable in a subdivision when their use is justified by detailed engineering studies submitted by the subdivider. The width of right-of-way for one-way streets shall be not less than forty (40) feet with a paved roadway excluding curb and sidewalk areas of not less than fifteen (15) feet. Emergency pull-out areas of a design approved by the Town Engineer shall be provided at approximately five-hundred-foot intervals on straight sections and at each end of every blind curve.

(5)

Turning circles. Turning circles at the end of cul-de-sac streets shall have a roadway radius of not less than thirty-two (32) feet, and a right-of-way width of forty-two (42) feet; except, that in mountainous or hillside areas the roadway radius may be reduced to twenty-six (26) feet, and the right-of-way radius to thirty-two (32) feet if parking is prohibited on the turning circle. Alternate designs for turning or reversing direction may be used in lieu of the turning circle if approved by the Planning Commission. Radii of turning circles in industrial subdivisions may be increased to provide adequate turning provisions for truck and trailer combinations.

(Ord. No. 2040, § IV, 2-2-98)

Sec. 29.10.06703. - Same—Design standards.

Alleys shall have a right-of-way width of not less than thirty (30) feet and roadway width of not less than twenty-four (24) feet.

(Ord. No. 2040, § V, 2-2-98)

Sec. 29.10.06704. - Streets necessary for development of adjoining property.

Whenever a street is necessary for the development of adjoining property, the location, width and extent of such street shall be shown on the tentative and final map. The subdivider shall improve such streets across the property being subdivided.

(Ord. No. 2040, § VI, 2-2-98)

Sec. 29.10.06705. - Off-street parking on narrow streets.

On streets in subdivisions where parking of automobiles is prohibited along either or both sides of the normal roadway, parking bays may be required at convenient locations or intervals outside the normal traffic lanes.

(Ord. No. 2040, § VII, 2-2-98)

Sec. 29.10.06706. - Trails.

Trails are required in a subdivision where shown on the general plan. Trails not shown on the general plan may be required by the advisory agency.

(Ord. No. 2040, § VIII, 2-2-98)

Sec. 29.10.06707. - Street alignment.

Unless otherwise approved by the Town Engineer and by the advisory agency, the centerlines of any two (2) streets entering upon opposite sides of any certain street in a subdivision shall intersect the centerline of that street at the same point, or at points separated by not less than two hundred (200) feet.

(Ord. No. 2040, § IX, 2-2-98)

Sec. 29.10.06708. - Grades of streets, highways and alleys.

The grades of highways, streets and alleys in subdivisions shall not exceed fifteen (15) percent unless otherwise approved by the Town Engineer and the advisory agency.

(Ord. No. 2040, § X, 2-2-98)

Sec. 29.10.06709. - Dedication of open space.

Where consistent with the goals and policies of the general plan, the advisory body shall require dedication of open space to the Town, either in fee or as an easement, whichever will best implement the applicable policy. Fee dedication will ordinarily be required where public involvement is sufficiently active to warrant Town control and maintenance. Where public involvement is more passive, the owner will be asked to dedicate easements, and will retain ownership and responsibility for maintenance.

(Ord. No. 2040, § XI, 2-2-98)

Sec. 29.10.06710. - Paving of streets.

Roadways on streets, highways and alleys within a subdivision shall be paved with asphalt concrete or Portland cement concrete in accordance with standards approved by the Town Engineer.

(Ord. No. 2040, § XII, 2-2-98)

Sec. 29.10.06711. - Street intersections.

At each intersection between two (2) streets in a subdivision, the property lines shall be rounded with a curve having a radius of not less than twenty (20) feet. At intersections between an alley and a street, or between two (2) alleys, the radius or cut-back distance shall be not less than ten (10) feet.

(Ord. No. 2040, § XIII, 2-2-98)

Sec. 29.10.06712. - Sidewalks.

Sidewalks shall be constructed on all streets and highways within a subdivision; except, that in land being subdivided into lots twenty thousand (20,000) square feet or more in size, sidewalks may be omitted. In hillside subdivisions, a walkway or path shall be constructed on one (1) side of the street or highway, subject to the approval of the Town Engineer and the advisory agency.

(Ord. No. 2040, § XIV, 2-2-98)

Sec. 29.10.06713. - Curbs and gutters.

Curbs and gutters shall be constructed on all streets and highways within a subdivision; except, that in mountainous or hillside areas, curbs or gutters may be eliminated by the Town Engineer in special circumstances.

(Ord. No. 2040, § XV, 2-2-98)

Sec. 29.10.06714. - Cul-de-sac length.

Cul-de-sacs shall not exceed eight hundred (800) feet in length; provided, the length of a cul-de-sac may be increased by action of the advisory agency upon finding that emergency access, utility services, and circulation are satisfactory.

(Ord. No. 2040, § XVI, 2-2-98)

Sec. 29.10.06715. - Improvements on half-streets.

Improvements conforming to the requirements specified in this article shall be constructed on any half- streets or highways within a subdivision. In cases where a half-street adjoins unsubdivided land, or land not occupied by a street or public way, the minimum right-of-way width of such half-street is forty (40) feet. Additional pavement shall be provided within the right-of-way to facilitate the safe flow of two-way traffic.

(Ord. No. 2040, § XVII, 2-2-98)

Sec. 29.10.06716. - Culverts, storm drains and drainage structures.

Culverts, storm drains, and drainage structures shall be constructed in, under, or along streets, alleys and highways in a subdivision as required by the Town Engineer as reasonably necessary to prevent damage to streets or adjoining properties from stormwater, or to prevent the flow of stormwater on streets of depth and velocity as to present a hazardous condition for moving vehicles and pedestrians, or to maintain the flow of stormwater in its natural channel.

(Ord. No. 2040, § XVIII, 2-2-98)

Sec. 29.10.06717. - Sewers.

Sanitary sewers with house service laterals shall be constructed to serve each lot within a proposed subdivision. In hillside areas sewer service shall be by sanitary sewer whenever practical. Adequately designed alternative systems may be authorized when the following occurs:

(1)

Connection to a publicly regulated sanitary system is not available or feasible within a reasonable period of time; and

(2)

The predicted use of such a system on a reasonably permanent basis will adequately meet disposal needs and have no detrimental effect on the environment (including water quality).

(Ord. No. 2040, § XIX, 2-2-98)

Sec. 29.10.06718. - Utilities.

Utilities with connections to each lot within a subdivision shall be constructed as required by the advisory agency. All new utility services shall be placed underground. Underground conduit shall be provided for cable television service.

(Ord. No. 2040, § XX, 2-2-98)

Sec. 29.10.06719. - Domestic water service.

Water service shall be provided by a recognized public utility.

(Ord. No. 2040, § XXI, 2-2-98)

Sec. 29.10.06720. - Fire hydrants.

Fire hydrants, together with adequate water service thereto, shall be located in each subdivision as directed by the Fire Chief.

(Ord. No. 2040, § XXII, 2-2-98)

Sec. 29.10.06721. - Street lighting.

Street lighting shall be installed in accordance with the Town standards.

(Ord. No. 2040, § XXIII, 2-2-98)

Sec. 29.10.06722. - Street signs.

Street signs shall be placed on all streets in a subdivision as directed by the Town Engineer. Such signs shall be constructed in accordance with standards developed by the Town Engineer.

(Ord. No. 2040, § XXIV, 2-2-98)

Sec. 29.10.06723. - Retaining walls.

Retaining walls may be required to minimize cuts and fills.

(Ord. No. 2040, § XXV, 2-2-98)

Sec. 29.10.06724. - Garbage service.

Provisions for garbage service shall be made for adequate garbage disposal service. Such provisions shall be compatible with the franchise requirements of the local garbage disposal contractor.

(Ord. No. 2040, § XXVI, 2-2-98)

Sec. 29.10.06725. - Double frontage lots.

(a)

Unless otherwise approved by the advisory agency by reason of special circumstances, lots for one-family and two-family use shall not be designed with frontage on two (2) streets except at street intersections and except along highways.

(b)

Double frontage lots may be required to have a wall or fence of an approved design constructed along side or rear lot lines. Access rights along such rear or side lot lines may be required to be dedicated to the Town.

(Ord. No. 2040, § XXVII, 2-2-98)

Sec. 29.10.06726. - Lot standards—Design, area and width.

All lots created pursuant to this chapter must conform to the rules of chapter 29 of this Code.

(Ord. No. 2040, § XXVIII, 2-2-98)

Sec. 29.10.06727. - Cleanliness, etc., of building sites.

Every building site in a subdivision shall be kept free and clear at all times of dead plant materials which constitute a fire hazard. It shall be the duty of the Town Fire Chief to inspect hillside subdivision areas and take appropriate action to ensure safety.

(Ord. No. 2040, § XXIX, 2-2-98)

Editor's note— Ord. No. 2337, § I, adopted Feb. 21, 2023, repealed § 29.10.070, which pertained to lot merger and derived from Ord. No. 1316, § 3.10.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1432, 6-4- 79; Ord. No. 1438, 8-6-79; Ord. No. 1756, § I, 8-1-88.

Lot area restrictions do not apply to lots used exclusively as locations for public utility lines or substations.

(Ord. No. 1316, § 3.10.020, 6-7-76)

At each end of a through lot there shall be front yard of the depth required by the zone in which each lot frontage is located, and one (1) of such yards may serve as a required rear yard, but must meet front yard standards.

(Ord. No. 1316, § 3.10.030, 6-7-76)

The corridor to a corridor lot shall not be more than three hundred (300) feet long nor less than twenty (20) feet wide. The area of the corridor may not be applied toward satisfying the minimum lot area requirement. A corridor may not serve more than one (1) lot. Lot frontage for a corridor lot is an exception to the lot frontage requirements in all zones.

(Ord. No. 1316, § 3.10.040, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1349, 3-21-77)

All lots shall have frontage, except those lots created for a condominium development, or under a planned development application. The minimum dimension of the frontage shall be as required by the zone in which the property is located, or where there is no minimum, as determined by the planning director.

(Ord. No. 1795, § II(3.10.050), 7-17-89; Ord. No. 1952, § VI, 8-2-93)

Towers, spires, elevator and mechanical penthouses, cupolas, wireless telecommunication antennas, similar structures and necessary mechanical appurtenances which are not used for human activity or storage may be higher than the maximum height permitted by the zone. The use of tower elements or similar structures to provide higher ceiling heights for habitable space shall be deemed as a use intended for human activity and is therefore not exempt from the maximum height restrictions of a zone.

(Ord. No. 1316, § 3.15.010, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 2049, § I, 10-5-98; Ord. No. 2062, § I, 6-21-99; Ord. No. 2149, § I, 5-1-06)

Sec. 29.10.09010. - Garbage and waste containers.

An enclosure is required on all zoning plots where activities other than single- and two-family residential activities are conducted to store and screen from view garbage and waste containers. Where such enclosures are required all garbage and waste containers shall be placed in them except during the period of time necessary to allow removal of the waste. If the enclosure is not a building or part of a building it shall be a wall or fence, at least six (6) feet high. The Planning Director may approve a lower wall or fence if the Planning Director finds that reduction in height would not result in a reduction in the effectiveness of the screening.

(Ord. No. 1316, § 3.45.010, 6-7-76; Ord. No. 1328, 8-2-76)

Sec. 29.10.09015. - Residential outdoor lighting.

All permanent exterior light fixtures should utilize shields so that no bulb is visible and to ensure that light is directed to the ground surface and does not spill light onto neighboring parcels or produce glare when seen from nearby homes. Decorative lighting fixtures are preferred for security lighting fixtures.

(Ord. No. 1316, § 3.47.010, 6-7-76; Ord. No. 1335, 10-4-76; Ord. No. 2312, § I, 10-20-20)

Sec. 29.10.09020. - Swimming pools.

(a)

Zones where allowed. Swimming pools are allowed in all zones.

(b)

Location. No swimming pool shall be located within five (5) feet of a property line, nor in a required front yard, nor in a required side yard along a street.

(c)

Mechanical equipment. No mechanical equipment for operating a swimming pool shall be located in a required front yard nor within ten (10) feet of a property line when located in a required side yard.

(d)

Incidental pools. When use of a swimming pool is incidental to the use of the zoning plot on which it is located, no zoning approval is required. Examples of swimming pools incidentally used are pools for private residences, pools for the use of guests at hotels and motels, and pools exclusively for use by employees of a business organization located at the site of the facilities where the employees work.

(e)

Nonincidental pools. Examples of swimming pools that are deemed not to be incidental to the use of the zoning plots on which they are located are pools at clubs, schools, parks, sports enterprises, and any pool for which a membership fee is levied or an admission charge is made.

(f)

Conditional use permit required. Nonincidental use of a swimming pool and construction of a swimming pool for nonincidental use are prohibited unless a conditional use permit for the use or construction is issued.

(g)

Enclosure required, specifications. Every person who owns or possesses any premises where there is a swimming pool, or a spa shall maintain a fence, wall, hedge or structure at least five (5) feet high completely enclosing the pool or spa. Opening, holes or gaps in the fence (including picket fence opening widths) shall not exceed four (4) inches in any dimension, except for openings protected by doors or gates. Each gate shall be equipped with a self-closing and self-latching device designed to keep the gate or door securely closed at all times when not in actual use, except that a door in a building wall which forms any part of the enclosure need not be so equipped. The latching device of the gate or door shall be at least three and one- half (3½) feet above the deck or walkway. The bottom of the fence or gate shall be constructed within four (4) inches of finished grade. Any building wall or structure, natural barrier (such as a hill or gully), listed pool covers (capable of supporting live loads due to human weight), which in the opinion of the Director of Building Services is adequate for such purpose, may be used as a part of or in-lieu of such enclosure.

(h)

Enclosure, exception. When a swimming pool is on a parcel having an area of at least five (5) acres used for single-family residential or agricultural purposes and occupied by one (1) family, and all of the pool is located at least two hundred (200) feet from the property line and is completely screened from view from adjacent public rights-of-way, no enclosure is required by subsections (g) through (j) of this section. In such event, a permit shall be obtained from the Building Official, and the permit shall remain effective only as long as all conditions of this subsection continue to exist.

(i)

Enclosure gates and doors. Any gate or door in the enclosure shall be equipped with a self-closing and self-latching device effective to keep the gate or door securely closed at all times. The device shall either be placed at least four (4) feet nine (9) inches above ground level or shall otherwise be made inaccessible to children.

(j)

Enclosures deemed structures. The enclosure required by subsection (g) of this section is deemed to be a structure within the meaning of the term as it is used in the building code.

(k)

Inspection. Final inspection and approval of all swimming pools shall be withheld until all the requirements of either subsection (g) or (h) of this section have been met.

(l)

Enforcement. All regulations concerning the enclosing of swimming pools shall be enforced by the Building Department.

(Ord. No. 1316, §§ 3.55.010—3.55.095, 6-7-76; Ord. No. 1855, § I, 6-3-91)

Sec. 29.10.09025. - Home occupations.

(a)

Scope. Home occupations are allowed in any dwelling in any zone, even if the dwelling is nonconforming, subject to the following regulations:

(1)

No premises shall be used for a home occupation unless the user has a home occupation permit.

(2)

There shall be no employees other than members of the resident family.

(3)

There shall be no materials or mechanical equipment used which are not such as would be employed in normal household or hobby activities.

(4)

The home occupation shall not involve the presence of more than one (1) customer on the premises at any time.

(5)

The home occupation shall not cause pedestrian or vehicular traffic or the parking of vehicles either on the premises or on public or private streets or sidewalks adjacent to the premises in numbers or volumes which exceed that which is usual in the Town at comparable places of residence where there is no home occupation.

(6)

There shall be no use of commercial vehicles for delivery of materials to or from the premises.

(7)

There shall be no storage of materials or supplies indoors or outdoors in a manner which is visible from adjacent premises or public ways.

(8)

There shall be no advertising signs or structures.

(9)

The home occupation shall not be conducted in such a way as to decrease the total number of required or available off-street parking spaces for the premises.

(10)

Cottage food operations are allowed as home occupations so long as the cottage food operations are in compliance with the requirements for those operations contained in the California Government Code and with the California Health and Safety Code, as amended. Cottage food operations are limited to the registered or permitted area by the County of Santa Clara Department of Environmental Health.

(11)

The home occupation shall not alter the single-family residential character of any portion of the premises.

(12)

The home occupation shall not result in the emission of noise, dust, smoke, odor or radiation which results in interference with radio or television reception.

(13)

The foregoing subsections (2) through (12) expressly prohibit acts and conditions, are not an exclusive listing of the limitations on the conduct of home occupations, and no home occupations shall be conducted in a manner inconsistent with the definition of "home occupation" set out in section 29.10.020 of this Code to the effect that the use shall not be discernible from the exterior of the dwelling unit.

(b)

Statement. The Planning Director may, before issuing a permit, require that each applicant sign a statement certifying that the home occupation will comply with the provisions of the definition of "home occupation" in section 29.10.020 and subsection (a) of this section, but is not required to rely on such statement, and may make such investigation as the Planning Director deems necessary to determine whether the home occupation will be conducted in compliance with this section.

(c)

Denial. The Planning Director shall not issue a home occupation permit where the Planning Director finds that the home occupation will not comply with the provisions of the definition of "home occupation" in section 29.10.020 and subsection (a) of this section.

(d)

Investigation. The Planning Director shall revoke any home occupation permit when this chapter or a condition of the permit is violated.

(e)

Revocation. Before revoking a home occupation permit, the Planning Director shall give the permittee ten (10) days' notice in writing that revocation is under consideration, shall consider whatever evidence the permittee wishes to present to contest the revocation, and shall give [the] permittee written notice of the decision. Both notices shall be mailed to the address given by the permittee in the application for the home occupation permit or such other address as the permittee has provided the Planning Director.

(f)

Prohibited uses. The following uses are prohibited:

(1)

Retail sales of firearms, ammunition and/or destructive devices.

(2)

Medical offices/uses.

(3)

Contractor/contracting services which have crews that meet on site prior to traveling to another job site, or which require the storage of building materials or equipment on site, or which will park or store vehicles or construction equipment on site.

(4)

On site dining for cottage food operations.

(5)

Food catering, excluding cottage food operations that are allowed under and fully comply with the requirements therefore contained within the California Government Code and the California Health and Safety Code, together with applicable regulations promulgated thereunder, as amended.

(Ord. No. 1316, §§ 3.60.010—3.60.070, 6-7-76; Ord. No. 1337, 11-1-76; Ord. No. 1363, 8-1-77; Ord. No. 2220, § I(Exh. A), 10-7-13; Ord. No. 2248, § I, 12-15-15)

Sec. 29.10.09030. - Demolitions.

(a)

Scope. Applications for demolition permits (Uniform Building Code, section 301(a), or any successor section) filed with the Building Department shall be submitted to the Planning Director for approval unless such permit is required as part of a code enforcement action by the Building Official, Council, or other authorized agency.

(b)

Approval of permits. The Planning Director may approve the demolition permit application if:

(1)

It is accompanied by a building permit for a replacement structure which meets all town regulations and has received all required approvals, or

(2)

It is for demolition of an accessory building or structure.

(c)

Demolition of historic structures. A demolition permit for a historic structure may only be approved if:

(1)

The structure poses an imminent safety hazard; or

(2)

The structure is determined not to have any special historical, architectural or aesthetic interest or value.

Any request to demolish an historic structure shall be reviewed by the Historic Preservation Committee. All applications to demolish an historic structure which has been identified as a contributor to an existing historic district, a potential historic district, or is eligible for local designation shall be accompanied by a detailed report describing all aspects of the structure's physical condition and shall incorporate pertinent information from the Town's Historic Resources Inventory describing the structure's historical and architectural characteristics. This report shall be prepared by a qualified person knowledgeable in historic preservation under contract with the Town at the applicant's expense. Applications for all other historic structures proposed for demolition shall be accompanied by a detailed report describing all aspects of the structure's physical condition prepared by an architect, licensed design professional or registered civil engineer at the applicant's expense.

(d)

Architecture and site approval required. Issuance of a demolition permit requires architecture and site approval if:

(1)

The conditions of subsection (b)(1) are not met, or

(2)

An application is for demolition of an accessory building or structure and the Planning Director determines for any reason that the accessory building or structure ought not to be demolished.

(e)

Findings. In architecture and site approval proceedings, the deciding body shall consider:

(1)

Maintaining the Town's housing stock.

(2)

Preservation of historically or architecturally significant buildings or structures.

(3)

Property owner's desire or capacity to maintain the structure.

(4)

Economic utility of the building or structure.

(f)

Verification that work will not result in a demolition: Prior to issuance of a building permit and/or zoning approval for an addition where the work will result in the removal of over forty (40) percent of the exterior walls, the developer shall submit written verification from a registered structural engineer, certifying that the exterior walls shown to remain are structurally sound and will not be required to be removed for the addition. Prior to issuance of a building permit, the property owner and contractor shall sign an affidavit to the town that they are aware of the town's definition of a demolition and the penalties associated with an unlawful demolition.

(g)

Penalties for unlawful demolition: A property owner who has unlawfully demolished a structure shall:

(1)

File the required Planning and Building Department applications and pay the required fees as established by resolution for new applications and for work unlawfully completed.

(2)

Be subject to the greater of the following penalties set by the Planning Director as an administration order:

a.

If the structure has a Landmark Historic Preservation designation a fine equaling fifteen (15) percent of the building permit valuation at the time of demolition, as determined by the Planning Director; or

b.

If the structure was an historic residence and does not have a Landmark Historic Preservation overlay zone, the fine shall be equal to ten (10) percent of the building permit valuation at the time of demolition, as determined by the Planning Director.

If no building permit was issued, the fine shall be assessed on the building permit filed for the replacement structure.

(3)

In all cases, no changes to the previously approved plans may be made except as determined by the Planning Director to meet current zoning and building code requirements. No building permits for new

construction at this site shall be approved until the required applications have been filed and approved and the required penalty fee has been paid.

(h)

Collection of penalty fees. The Town may collect the assessed penalty fees by use of all legal means including the recordation of a lien.

(1)

Whenever the amount on the penalty fee pursuant to this chapter has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation has occurred.

(2)

The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administration order shall have the force and effect and priority of a judgement lien governed by the provisions of sections 697.340 of the Code of Civil Procedure and may be extended as provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(3)

Interest shall accrue on the principal amount of the judgement remaining unsatisfied pursuant to law.

(4)

Prior to recording any such lien, the Planning Director shall prepare and file with the Town Clerk a report stating the amounts due and owing.

(5)

The Town Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by Town Council.

(6)

The Planning Director shall cause written notice to be served on the property owner not less than ten (10) days prior to the time set for the hearing.

a.

Demolition for Corrective Maintenance. If during the construction process for an approved construction the developer has determined that the structure is in a deteriorated condition, that cannot be repaired, an architecture and site application can be filed requesting a demolition without a penalty provided the following conditions have been met:

Construction work has ceased, and

The work completed prior to filing the application does not classify as a demolition, and

Documentation has been provided to justify the necessity of the demolition, and

No changes to the previously approved plans will be made except as determined by the Planning Director to meet current zoning and building code requirements.

If a planning filing fee was paid for the original addition, this fee shall be credited to the architecture and site application fee. If the Development Review Committee determines that the application cannot be approved, the applicant shall pay the credited fee for the architecture and site application if the application is appealed to the Planning Commission.

(j)

Salvage of building materials. When demolition of a structure is allowed, the Town shall provide the developer of the structure to be demolished with information about the recycling of building materials. Prior to the issuance of the demolition permit, the developer shall provide the Planning Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town's demolition inspection. No recycling of materials shall occur until a demolition permit has been approved by the Building Department.

(Ord. No. 1316, §§ 3.65.010—3.65.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1789, § V, 5-15-89; Ord. No. 1887, § I, 2-3-92; Ord. No. 2083, § I, 5-7-01; Ord. No. 2149, § I, 5-1-06)

Sec. 29.10.09035. - Performance standards as to glare.

No direct or reflected glare, such as that produced by floodlight, high temperature processes such as combustion or welding, or other processes, visible from outside any boundary line of property on which the glare is produced, is permitted. Glare causing sky illumination must be controlled by reasonable means so that it will not inconvenience or annoy anyone nor unreasonably interfere with the use and enjoyment of property.

(Ord. No. 1316, § 3.70.150, 6-7-76; Ord. No. 1349, 3-21-77)

Sec. 29.10.09040. - Temporary structures.

Mobile homes or other temporary structures may be permitted upon approval by the deciding body. Such approval shall be given only under the following conditions during the period of occupancy:

(1)

Adequate parking will be maintained;

(2)

Utilities are available as required by ordinance;

(3)

Restrooms are available as required by the Chief Building Official;

(4)

The structure will not have a long-term adverse impact on the adjacent neighborhood;

(5)

Approval shall be granted for a specific time limit;

(6)

Landscaping appropriate to the site and duration of the use is provided.

(Ord. No. 1316, § 3.75.010, 6-7-76; Ord. No. 1521, 11-2-81)

Sec. 29.10.09045. - Grading.

(a)

Intent. This section regulates the issuance of grading permits (chapter 70 of the Uniform Building Code) and is intended to protect public and private lands from erosion, earth movement, flooding, and assure preservation of the natural scenic character of the Town by establishing standards relating to land grading, excavations and fills, and removal of vegetation, by establishing procedures by which these standards may be enforced.

(b)

Development Review Committee approval required. No grading permit shall be issued without Development Review Committee approval. Approval shall not be granted for grading unless the purpose for which the grading is proposed is essential for a use permitted by this chapter and unless the grading will be compatible with its environs and will result in the least disturbance of the terrain.

(c)

Exceptions. Development Review Committee approval is not required when in the opinion of both the Town Engineer and the Building Official:

(1)

The grading is limited to street improvement work over which the Town exercises inspection authority.

(2)

The grading is necessary to accommodate construction which has already received Town approval and the record shows that the specific grading was considered during the approval proceedings.

(d)

Considerations in review of applications. The deciding body shall consider the following factors:

(1)

Whether the grading is needed for a use that has been approved or which is approved in the course of the same proceedings;

(2)

How the grading will look when compared with everything else around it;

(3)

Whether the landscape is unnecessarily scarred because of the grading or removal of vegetation.

(Ord. No. 1316, §§ 3.80.010—3.80.040, 6-7-76; Ord. No. 1349, 3-21-77; Ord. No. 1375, 11-21-77; Ord. No. 1815, §§ I, II, 3-19-90)

Sec. 29.10.09050. - Reserved.

Editor's note— Ord. No. 2306, § I, adopted Apr. 21, 2020, deleted § 29.10.09050 entitled "Large family day care homes," which derived from Ord. No. 1842, § I(3.99), adopted Apr. 1, 1991.