Division C22 — SHELTER CRISIS DEVELOPMENTS

Sec. C22-1. - Purpose.

This Division sets forth the requirements for the design, development, and operation of Temporary Homeless Shelters on land owned or leased by the County during any Shelter Crisis declared by the Board of Supervisors.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-2. - Definitions.

For purposes of this Division, the following definitions shall apply:

(a)

Mobile Shelter Community means a development on County owned or leased land used for the temporary parking or placement of Recreational Vehicles serving as shelters for homeless persons.

(b)

Recreational Vehicle or RV has the meaning provided in Health and Safety Code § 18010.

(c)

Shelter Crisis means a crisis recognized and declared by a resolution of the Board pursuant to Government Code § 8698.2.

(d)

Temporary Homeless Shelter means a temporary facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared Shelter Crisis. A Temporary Homeless Shelter community may include supportive and selfsufficiency development services. Temporary Homeless Shelters may include Mobile Shelter Communities.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-3. - General provisions.

(a)

This Division shall apply only to Temporary Homeless Shelters developed and occupied during a Shelter Crisis on land owned or leased by the County.

(b)

Temporary Homeless Shelters shall comply with the following requirements:

(1)

Temporary Homeless Shelters required to be accessible shall comply with the applicable requirements in Chapter 11B of the County Building Code or, if applicable, the U.S. Access Board Final Guidelines for Emergency Transportable Housing.

(2)

Temporary Homeless Shelters shall be maintained in a safe and sanitary condition, and free from vermin, vectors, and other matter of an infectious or contagious nature. The grounds within Temporary Homeless Shelter sites shall be kept clean and free from accumulation of debris, filth, garbage, and deleterious matter. Temporary Homeless Shelters shall not be occupied if, as determined by the County, substandard conditions exist, including violations of the requirements of this paragraph.

(3)

Dangerous materials or materials that create a fire hazard, as determined by the County Fire Marshal, shall not be allowed on the grounds within Temporary Homeless Shelter sites.

(4)

Temporary Homeless Shelters shall be designated by address numbers, letters, or other suitable means of identification. The identification shall be in a conspicuous location facing the street or driveway fronting the building or structure. Each identification character shall be not less than four inches (102 mm) in height and not less than one-half inch (12.7 mm) in width, installed or painted on a contrasting background.

(5)

Potable drinking water shall be provided for all occupants of Temporary Homeless Shelters.

(6)

Where occupants of units without kitchens are permitted or required to cook for themselves, a separate area shall be equipped and maintained as a common use kitchen. The kitchen may be used by the staff and occupants of the Temporary Homeless Shelter only and shall not be accessible to or used to serve the public. Refrigerated storage shall be provided for safe storage of food.

(7)

When occupants of Temporary Homeless Shelters occupy units that do not include their own restrooms, the Temporary Homeless Shelter site shall be provided with one toilet and one bathing facility for every 15 occupants of each gender. The County may permit different types and ratios of toilet and bathing facilities. The approval shall be based upon a finding by the County that the type and ratio of toilet and bathing facilities are sufficient to accommodate the anticipated needs and use of the occupants of the Temporary Homeless Shelter and process the anticipated volume of sewage and waste water, while maintaining sanitary conditions for the occupants. Bathing facilities shall be provided with heating equipment which shall be capable of maintaining a temperature of 70 degrees Fahrenheit (21.0 degrees Celsius) within such facilities. Lavatories with running water shall be installed and maintained in the toilet facilities or adjacent to the toilet facilities. All toilet and bathing facilities and lavatories must be connected to an approved connection to a public sanitary sewer or an onsite wastewater treatment system in compliance with Chapter IV of Division B11 of this Code.

(8)

All garbage, kitchen waste, and rubbish shall be deposited in approved covered receptacles, which shall be emptied on at least a weekly basis or more frequently if required by the County, and the contents shall be disposed of in a sanitary manner acceptable to the County.

(9)

Prior to commencing operation, the operator of the Temporary Homeless Shelter shall provide a Facility and Supportive Service Plan to the County Office of Supportive Housing for review and approval. The Facility and Supportive Service Plan must include policies and procedures addressing the prevention of vermin

infestations, prevention and control of infectious diseases, ratios of staff to residents, separation of residents in any common (dormitory-style) sleeping areas, storage of residents' belongings, accommodation of transgendered clients according to their gender of identification, and the accommodation of children and infants. The Facility and Supportive Service Plan shall conform to any additional criteria established by the County Office of Supportive Housing. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the Office of Supportive Housing.

(10)

The Temporary Homeless Shelter shall provide sufficient outdoor lighting to provide visibility at entrances, common outdoor areas, and parking areas and minimum level emergency egress lighting to a public way as required by the County Building Code.

(11)

Temporary Homeless Shelters shall prohibit smoking and possession or use of illegal drugs and alcohol on the premises.

(12)

Temporary Homeless Shelters shall prohibit possession of firearms or other weapons by residents.

(13)

Temporary Homeless Shelters shall comply with the applicable noise and vibration control provisions of Chapter VIII of Division B11 of this Code.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-4. - Recreational vehicles.

(a)

Temporary Homeless Shelters may include Mobile Shelter Communities.

(b)

Occupancy in Mobile Shelter Communities shall be provided to individual residents for no more than 12 months. Extensions up to a total stay of 24 months may be provided if the operator demonstrates that no alternative housing is available.

(c)

The Office of Supportive Housing may require RVs to undergo inspection by the County for exterior leaking prior to or after being parked or placed in a Mobile Shelter Community. Any required repairs shall be the responsibility of the unit owner.

(d)

Prior to commencement of operation, operators of Mobile Shelter Communities shall establish a plan to address the disposal of sewage from RVs, storage of hazardous materials, solid waste storage and disposal, drinking water supply, and any other topic deemed necessary by the Public Health Department. The plan must be submitted to the Public Health Department with payment of applicable fees for review and approval.

(e)

Utility connections to RVs, if permitted, must meet the applicable provisions of Chapter 2.2 of Division 1 of Title 25 of the California Code of Regulations, and any other criteria established by the County, unless an exemption is permitted by the County Building Official and County Fire Marshal.

(f)

The blocking, chocking, leveling, raising, or tying down of an RV shall comply with any requirements established by the County.

(g)

Each Mobile Shelter Community site may be enclosed with visual screening at its exterior boundaries provided such screening includes adequate openings for emergency vehicle access.

(h)

Each RV occupying a space shall maintain at least a ten-foot setback from any building or other RV. Each RV shall be located at least 20 feet from any abutting property or public right-of-way. Clusters of RVs exceeding 10,000 square feet (100 feet x 100 feet) shall be separated by fire breaks or roads of not less than 20 feet in width.

(i)

Configuration of the Mobile Shelter Community shall be such that fire apparatus can obtain access to within 150 feet of all portions of each RV for fire suppression purposes. Where on site fire apparatus access is required, such access roads shall be prepared with an all-weather surface capable of supporting the minimum required load of the responding fire jurisdiction.

(j)

Streets or paths within a Mobile Shelter Community shall have the following minimum clearance widths:

Adequate roadway space for turn-arounds shall be provided. Turn-arounds on required, dead end fire apparatus access roads that exceed 150 feet shall meet the minimum dimensions specified by County Standard SD-16.

(k)

No repairs, restoration, or any mechanical maintenance shall be permitted on the premises of a Mobile Shelter Community. Vehicles must be removed from the Mobile Shelter Community for any repairs or maintenance. Repair, restoration, or maintenance materials, including batteries, antifreeze, and other vehicle fluids, may not be stored or disposed of within a Mobile Shelter Community.

(l)

Mobile Shelter Communities shall have access to an approved water supply sufficient for manual fire suppression operations. Acceptable methods of compliance shall be as approved by the County Fire Marshal.

(m)

Fires shall be allowed only in non-solid-fuel burning stoves and other approved equipment intended for cooking purposes and placed in safe and convenient locations, where they will not constitute fire hazards to vegetation, undergrowth, trees, or RVs. No open fires are allowed.

(n)

Portable fire extinguishers shall be distributed throughout the site with a rating and spacing as specified by the County Fire Code.

(o)

Onsite operational personnel must be trained in and responsible for fire watch and implementation of a prepared emergency plan, which will be onsite and accessible to all residents. The plan shall include evacuation routes and sites, contact information for emergency response agencies, elevation of the Mobile Shelter Community, types of disasters common to the area, any public warning signals used in the community, and any local emergency broadcast station frequency location.

(Ord. No. NS-1100.130, § 1, 11-6-18; Ord. No. NS-300.1002, § 67, 10-21-25)

Sec. C22-5. - Existing buildings.

(a)

Temporary Homeless Shelters may include shelters developed within existing buildings owned or leased by the County. Such existing buildings may include buildings that were previously occupied by a use other than a homeless shelter and may also include buildings concurrently occupied by other uses if all County Building Code requirements for mixed use and occupancy, including occupancy separation requirements, are met.

(b)

Existing buildings or structures shall be allowed to be used as Temporary Homeless Shelters provided that:

(1)

The buildings comply with the County Building Code provisions and/or other regulations in effect at the time of original construction;

(2)

The buildings are connected to public sanitary sewers;

(3)

The buildings are not substandard buildings or substandard or unsafe for use as a Temporary Homeless Shelter, as determined by the County Building Official and County Fire Marshal, due to their occupancy classification or use;

(4)

Alterations to the building for the use of the building as a Temporary Homeless Shelter comply with County Building Code provisions effective at the time of alteration and do not create substandard or unsafe conditions for such use, as determined by the County Building Official and County Fire Marshal; and

(5)

The building shall be in compliance with the County Fire Code provisions applicable to maintenance of existing facilities.

(c)

Occupancy shall be provided to individual residents for no more than 12 months. Extensions up to a total stay of 24 months may be provided if the operator demonstrates that no alternative housing is available.

(d)

Sleeping areas shall be provided with smoke and carbon monoxide alarms as required by the County Building Code and County Fire Code. Fire extinguishers shall be provided and maintained as required by the County Fire Code.

(e)

If the existing building does not meet the minimum fire protection system requirements for the occupancy proposed, acceptable mitigation thereto shall be as approved by the Fire Marshal.

(f)

All sleeping areas shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit at any point three feet above the floor.

(g)

If the Temporary Homeless Shelter provides residents with separate rooms with doors, residents must be able to lock the doors and windows while in their rooms, and staff must have keys to all rooms.

(h)

The occupant load assigned to any legally established existing building used as a Temporary Homeless Shelter shall not be exceeded for the entire shelter or individual rooms used as sleeping areas. If the originally assigned occupant load is not known, the occupant load shall not exceed the maximum occupant load as approved by the Building Official and Fire Marshal. Occupant loads of existing buildings may be increased or decreased in accordance with applicable provisions of the County Building Code and County Fire Code when approved by the Building Official and Fire Marshal. However, the maximum occupant loads shall not be less than 70 square feet for one occupant and, when more than one person occupies the building, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of one.

(i)

The size, number, and arrangement of exits in sleeping rooms shall comply with the County Building Code. All sleeping rooms shall have an exit door or a window that complies with the requirements of the County Building Code for emergency egress from sleeping areas.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-6. - Other homeless shelter facilities.

Subject to approval by the Board, additional types of Temporary Homeless Shelter facilities may be developed in compliance with section C22-3 of this Code.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-7. - Modification or waiver of criteria.

Modification or waiver of the requirements and standards of this Division may be granted by the Board if the Board finds that, under the circumstances, compliance with the modified or remaining requirements or standards adequately provides for the health and safety of Temporary Homeless Shelter residents and the public.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-8. - Enforcement.

Enforcement of this Division shall be implemented by the Director of the Department of Planning and Development, Building Official, Fire Marshal, and Director of Environmental Health. Nothing in this Division shall be construed to deprive County departments and agencies of the authority to enforce Code provisions incorporated by reference in this Division.

(Ord. No. NS-1100.130, § 1, 11-6-18)

Sec. C22-9. - Sunset provision.

This Division shall become inoperative and is automatically repealed on the date that Government Code § 8698.4 expires or is repealed. This Division shall remain operative during any period in which Government Code § 8698.4 remains in effect, including periods of extension.

If a Shelter Crisis extends beyond the expiration or repeal date of Government Code § 8698.4, Temporary Homeless Shelters developed under this Division may be converted to permanent homeless shelters, provided that the permanent homeless shelters are in compliance with all laws, regulations, and requirements that would apply to the properties they occupy in the absence of a Shelter Crisis, including any applicable provisions of the County Building Code, and any applicable required permits have been issued for the conversion or use.

(Ord. No. NS-1100.130, § 1, 11-6-18)

APPENDIX I - ZONING[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Printed in this appendix is Ord. No. 1200-307, as adopted by the County on January 28, 2003, and effective on March 1, 2003. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

Cross reference— Land use and zoning requirements for massage establishments, § B22-3; special flood hazard areas, § C12-800 et seq.

ARTICLE 1. - GENERAL PROVISIONS CHAPTER 1.10. - TITLE AND PURPOSE

§ 1.10.010. - Adoption and reference.

This ordinance shall be known and cited as the Zoning Ordinance of the County of Santa Clara. All references to the Zoning Ordinance shall refer to this ordinance and amendments thereto.

The Zoning Ordinance divides the unincorporated territory of the County into geographical districts designated as zoning districts. Groups of these districts are designated as zoning for rural uses, resource conservation, open space and environmental protection, while the remainder are designated as zoning districts for urban uses. The Zoning Ordinance establishes regulations limiting the use of land and structures, the location, height and bulk of structures, the open space about buildings and principal uses, and provides for such other measures that will accomplish the purposes of the Zoning Ordinance and the General Plan.

The Zoning Ordinance is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and for the following more particularly specified purposes:

A.

To implement the General Plan and to guide and manage the future growth of the unincorporated areas within the County of Santa Clara in accordance with that plan, as described in the goals and objectives of the General Plan;

B.

To regulate land use and development in a manner that will encourage and support the beneficial use and orderly development of lands within the County;

C.

To minimize adverse effects on the public resulting from the inappropriate creation, location, use or design of building sites, buildings, land uses, parking areas, or other forms of land development by providing appropriate standards for development;

D.

To protect and enhance the significant natural, historic, archeological and scenic resources within the County as identified by the County General Plan; and

E.

To assist the public in identifying and understanding regulations affecting the development and use of land.

CHAPTER 1.20. - APPLICATION OF THE ZONING ORDINANCE

A.

Articles and chapters. The zoning ordinance is organized into five articles. Each article contains two or more chapters.

B.

Article 1: General Provisions. Article 1 contains introductory information setting forth the purpose of the zoning ordinance, and is also a guide to using the zoning ordinance. It also contains definitions of general terms used throughout the ordinance.

C.

Article 2: Base Districts. Article 2 contains the primary regulations for each zoning district. The first chapter, Chapter 2.10, defines the use classifications that are referenced throughout Article 2 and elsewhere in the zoning ordinance, and the remaining four chapters comprise the base district regulations. Article 2 is the

customary starting point for determining the fundamental zoning provisions that apply within a district or to a particular parcel of land within the unincorporated portion of the County.

1.

The official zoning maps maintained in the planning office divide all territory in the unincorporated portion of the County into zoning districts. Article 2 distributes these zoning districts (base districts) within four general categories-Rural, Urban Residential, Commercial and Industrial, and Special Purpose-each the subject of a separate chapter, as follows.

a.

Rural Base Districts (Chapter 2.20);

b.

Urban Residential Base Districts (Chapter 2.30);

c.

Commercial and Industrial Base Districts (Chapter 2.40); and

d.

Special Purpose Base Districts (Chapter 2.50).

2.

Chapters 2.20 through 2.50 provide several types of information:

a.

They indicate the uses allowed in each base district-these uses are described in Chapter 2.10: Definitions: Use Classifications;

b.

They contain the property development standards, such as minimum lot size, maximum height of buildings, and minimum setbacks;

c.

They may include additional provisions that apply to particular uses or zoning districts; and

d.

They may refer the reader to another part of the zoning ordinance, such as to the chapter on parking and loading.

D.

Article 3: Combining Districts. Article 3 contains the regulations for each combining zoning district, which augment or in some cases supersede the regulations of a base district with which it is combined. After consulting Article 2 to determine the basic regulations applying to a district or a particular parcel of land, the user of the zoning ordinance should also determine if a combining district applies to the parcel. In case of conflict, the provisions of the combining districts prevail.

E.

Article 4: Supplemental Standards and Regulations. Article 4 contains standards and regulations that are in addition to those found in Articles 2 and 3 for particular uses and types of development:

1.

Chapter 4.10 contains supplemental regulations for specific uses. The "Supplemental Regulations" column in the tables showing allowed uses in Chapters 2.20, 2.30, 2.40, and 2.50 direct the user to specific sections in Chapter 4.10.

2.

Chapter 4.20 contains supplemental standards for specific types of development. The user should read through the list of sections on the first page of Chapter 4.20 to see if any of the topics apply.

3.

The other chapters in Article 4 each deal with a specific standards issue, including parking and loading, signs, and nonconformities.

F.

Article 5: Procedures and Administration. Article 5 describes the procedures for the various types of permits and other approvals required by the zoning ordinance. It also describes the procedures for amending and enforcing the zoning ordinance.

(Ord. No. NS-1200.317, § 18, 6-8-04)

The following terms are to be interpreted as indicated below.

A.

Definitions. Definitions of certain terms used in this zoning ordinance are found in Chapter 1.30. Definitions of use classifications are found in Chapter 2.10.

B.

Tense. All words used in the present tense shall include the future tense, unless the context indicates otherwise.

C.

Number. All words in the plural number shall include the singular number and all words in the singular number shall include the plural number, unless the context indicates otherwise.

D.

Shall. The word "shall" is mandatory and not discretionary.

E.

County. The word "County" (uppercase) as used herein shall refer to the County of Santa Clara, a political subdivision of the State of California. The word "county" (lowercase) as used herein shall, depending on the specific context in which it is used, mean either (a) the geographical territory comprising all unincorporated portions of Santa Clara County, (b) the entire geographical territory of Santa Clara County, including its incorporated cities, or (c) any other referenced county.

F.

General Plan. The term "General Plan" as used herein shall mean the Santa Clara County General Plan, unless otherwise expressly stipulated.

G.

Ordinance Code. The term "Ordinance Code" as used herein shall mean the Ordinance Code of the County of Santa Clara.

H.

Zoning Ordinance. The term "Zoning Ordinance" as used herein shall mean Appendix I, Zoning, of the Ordinance Code of the County of Santa Clara, which is also cited as the Zoning Ordinance of the County of Santa Clara.

I.

Board of Supervisors. The term "Board of Supervisors" shall mean the Board of Supervisors of the County of Santa Clara.

J.

Planning Commission. The term "Planning Commission" shall mean the Planning Commission of the County of Santa Clara.

K.

Director. The terms "Director" and "Planning Director" as used herein shall each mean the Director of the County of Santa Clara Department of Planning and Development, or authorized designee, unless otherwise expressly stipulated.

L.

Zoning Administrator. The term "Zoning Administrator" as used herein shall mean the Zoning Administrator of the County of Santa Clara.

M.

Planning Office. The term "Planning Office" as used herein shall mean the Planning Office of the County of Santa Clara.

N.

Boundaries. The words "county boundary" shall mean the exterior boundary of the County of Santa Clara or the boundary of any incorporated municipality within the county, or both.

O.

Articles, Chapters, and Sections. References to articles, chapters, and sections (also referenced with the symbol "§") apply to articles, chapters, and sections of this zoning ordinance, unless otherwise indicated.

P.

Subsections. References to subsections apply to a subsection of the section in which the term is mentioned, or the lower order subsection of a higher order subsection, unless otherwise indicated.

Q.

Historical Heritage Coordinator. The term "Historical Heritage Coordinator" as used herein shall mean the Historical Heritage Coordinator of the County of Santa Clara, who serves as staff to the Historical Heritage Commission.

(Ord. No. NS-1200.317, § 19, 6-8-04; Ord. No. NS-1200.349, § 1, 4-7-15; Ord. No. NS-1200.359, § 1, 12-616)

§ 1.20.030. - Precision of numbers/rounding.

Unless a particular provision specifies otherwise, the following rules shall apply with respect to the precision of numbers used in this ordinance for measurement and calculation.

A.

Lot area measurement. Where lot area criteria are specified in numbers of acres, those numbers shall assume the precision of two (2) decimal places, whether or not they are expressly written out. This includes criteria applicable to subdivision and development density, as well as lot-area thresholds for specific uses or development standards. A 2.5-acre lot-area threshold shall therefore convey the same numerical precision as 2.50 acres. When a calculation results in a third (or more) significant digit to the right of a decimal, standard mathematical practices shall be employed for rounding (i.e., the decimal numbers 2.490 through 2.494 would round down to 2.49, and 2.495 through 2.499 round up to 2.50).

Where regulations specify area in numbers of square feet, measurement and calculation shall round to the nearest whole square foot. A 20,000-square-foot minimum lot size requirement would therefore not allow the creation of a 19,999-square-foot lot. Lots smaller than one gross acre shall be measured in square feet.

B.

Linear measurement. Linear measurement for setbacks, height, building separation, lot dimensions, and similar zoning standards shall normally be measured in feet. Fractions of feet shall be converted to inches and any necessary rounding shall be done to the nearest whole inch using standard rounding practices (i.e., 1.4 inches would round down to (one) inch and 1.5 inches would round up to two inches). Thus, where a 30-foot setback is required, 29 feet 11 inches does not satisfy that setback.

C.

Time measurement. Terms used to measure time shall be applied as calendar-based time units. The term "day" shall refer to a calendar day, such that a stipulated 90-day period shall end at 11:59 p.m. on the 90th day following the action precipitating the deadline. A six-month period that begins April 20 of a given year ends at 11:59 p.m. on October 19 of the same year.

When referencing a filing deadline, a stipulated time limitation shall end at the close of business hours on the final day of the term. Should a filing deadline end on a day when the planning office is closed for business, the first business day that follows that day will be considered the final day to meet the filing deadline.

(Ord. No. NS-1200.327, § 1, 2-9-10)

§ 1.20.040. - Interpretation of regulations.

The following provisions govern the interpretation of the Zoning Ordinance.

A.

Zoning Administrator. The Zoning Administrator shall have authority to decide any question involving the interpretation or application of any provisions of the Zoning Ordinance. Any interpretation and application of the provisions of the Zoning Ordinance shall consider all relevant "purpose" language, shall ensure consistency with the General Plan and shall assure protection of the public health, safety, comfort, convenience and general welfare (for interpretations of permitted uses, see Section 2.10.020).

B.

Planning Commission. The Planning Commission shall also be authorized to interpret any provisions of the Zoning Ordinance that may apply to any matter under the Commission's consideration. It may also consider any interpretation request introduced by the secretary of the Planning Commission, or any Zoning Administrator interpretation that is being contested through the appeal process.

C.

Impact on other public provisions and private agreements. Except as specifically herein provided, the Zoning Ordinance does not interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that in cases in which the Zoning Ordinance imposes a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings or the use of any such building or land, than is imposed or required by such existing provisions of law,

ordinance, rules, regulations, permits, easements, covenants or agreements, then the provisions of this ordinance shall control.

D.

Other laws. There are many other laws, regulations, and ordinances that apply to land use, development, and construction activities. The provisions of this Zoning Ordinance are intended to be in addition to and not in conflict with these other laws, regulations, and ordinances. If any provision of this Zoning Ordinance conflicts with any duly adopted and valid statutes of the federal government or the State of California, the federal and state statutes shall take precedence.

The following provisions address the designation and interpretation of the boundaries of zoning districts.

A.

Designation. The precise location of the boundaries of zoning districts shall be designated on the official zoning maps or by legal description as adopted by the Board of Supervisors, which maps and legal descriptions are incorporated by reference into this Zoning Ordinance.

B.

Uncertainties. Where uncertainty exists as to the boundaries of any zoning district, the following rules shall apply:

1.

Where such boundaries are indicated as approximately following street and right-of-way lines, the centerlines of the streets or rights-of-way shall be construed to be such boundaries;

2.

Where such boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be such boundaries;

3.

Where a district boundary divides portions of a single lot, the location of the boundary, unless it is indicated by dimensions shown upon the zoning map, shall be determined by the use of the scale appearing on the zoning map; and

4.

In case further uncertainty exists, the Zoning Administrator shall determine the location of boundaries.

Maps used to describe the boundaries of the zoning districts shall be in the form of a set of paper prints, and they shall be attached to and incorporated by reference in the ordinance creating or amending the

zoning district boundaries. Certified reproductions of the official maps and the digital or computer data files of County zoning maps from which such maps are produced shall be accepted by all County departments and agencies as official copies of the zoning map, when certified by the County Planning Office.

The following provisions govern compliance with the zoning ordinance.

A.

General. No person shall use or allow the use of any land, building, or structure except in strict compliance with the provisions of this zoning ordinance, including the conditions of any permit issued pursuant to this zoning ordinance.

B.

County and Local Agency Land Uses and Development. The following rules govern the application of the zoning ordinance to County and Local Agency land uses and development in unincorporated county:

1.

County. Land uses and development on lands owned or leased by the County or any district for which the Board of Supervisors acts as the governing body of the district shall be exempt from the zoning ordinance unless the Board expressly subjects the land use or development on a specific parcel or parcels to the zoning ordinance.

2.

Local Agency. Any land use or development of a Local Agency, as defined in section 53090(a) of the Government Code except a Local Agency subject to § 1.20.070(B)(1), that constitutes outdoor recreation and is compatible with the natural environment including, but not limited to, passive parks, open space preserves, ranger outposts, trails and trail heads and related parking, public restrooms, signage, kiosks, and information booths, shall be exempt from the zoning ordinance. The Board of Supervisors may exercise its discretion to exempt any other land use or development of a Local Agency from the zoning ordinance.

(Ord. No. NS-1200.377, § 1, 4-6-21)

CHAPTER 1.30. - DEFINITIONS: GENERAL TERMS[[2]]

Footnotes:

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Editor's note— Ord. No. NS-1200.317, § 16, adopted June 8, 2004, renumbered former Ch. 6.10, §§ 6.10.010—6.10.030 as Ch. 1.30, §§ 1.30.010—1.30.030 and amended said provisions. See also the Code Comparative Table.

§ 1.30.010. - Purpose.

The purpose of this chapter, Definitions: General Terms, is to provide definitions for terms that have meanings specific to the interpretation of this zoning ordinance.

(Ord. No. NS-1200.317, § 16, 6-8-04)

§ 1.30.020. - Applicability.

A.

Use of definitions. The definitions in this chapter shall be used in interpreting the zoning ordinance unless it is apparent from the context that a different meaning is intended.

B.

Definitions of uses. Uses are defined in Chapter 2.10: Definitions: Use Classifications.

C.

Interpretations. The interpretation of language and certain commonly used terms is found at Section 1.20.020.

D.

Other definitions. Definitions specifically related to signs are located in Section 4.40.050. Definitions specifically related to adult uses are included in the "Adult Uses" use classification in Section 2.10.040.

(Ord. No. NS-1200.317, § 16, 6-8-04)

Accessory structure: A structure or building that is auxiliary and subordinate to the main structure or building on a lot, except as otherwise provided herein. Any building that is incidental to the conduct of any agricultural use shall be considered to be an agricultural accessory building. For purposes of this zoning ordinance, no building designed, intended or used for dwelling purposes shall be considered to be an accessory structure.

Accessory use: A use related to, but auxiliary and subordinate to the primary use on a lot.

Agriculture-serving use: A use that supports the agricultural industry including but not limited to shipping and trucking operations, manufacturing and sales of farm and nursery equipment and supplies, large animal hospitals, and other service providers catering specifically to the agriculture industry.

Alley: Any public thoroughfare, not exceeding 30 feet in width, for the use of pedestrians or vehicles, or both, that affords only a secondary means of access to abutting property.

Animal, large: Animals characterized by their relative size to other animals and including but not limited to horses, cattle, bison and donkeys. Variants of species (e.g. miniature horses) may be reclassified as medium or small animals at the discretion of the zoning administrator.

Animal, medium: Animals characterized by their relative size to other animals and including but not limited to sheep, goats, pigs, ostriches, emus, llamas and alpacas.

Animal, small: Animals characterized by their relative size to other animals and including but not limited to chickens, ducks, geese, turkeys, pheasants, mink and rabbits.

Architectural value: Representing one or more periods or styles of architecture typical of one or more eras in the history of the county.

Attic: The unconditioned part of a building immediately below the roof situated wholly within the roof framing (see "story, half" for conditioned "attic" space).

Basement: That portion of a building that is partially or entirely below grade, that is so situated where both of the following apply:

==> picture [132 x 124] intentionally omitted <==

1.

The finish floor level immediately above such under-floor space shall not be more than six feet above grade for more than 50 percent of the under-floor area; except that on lots where the "-n 1 " combining designation applies, a

basement threshold of four feet (instead of six feet) shall apply (see § 3.40.030). Window wells, as defined and required for egress by the California Building Code (CBC) and California Residential Code (CRC), shall be limited to ten percent above the minimum dimensions required by the CBC and CRC.

Fig. 1.30-1 Basement Threshold

2.

The finish floor level above such under-floor space shall not be more than 12 feet above grade at any point.

For the purpose of this definition, "grade" shall be final grade at the building's perimeter, and shall be projected through the subject basement space when appropriate.

Bay window: A window or series of windows jutting out from the wall of a building and forming an alcove within.

Boarding house: Any residential building used for the renting of rooms or providing of table board, or both, for three to six persons over the age of 16 years who are not related by blood or marriage to the residentoperator thereof.

Breezeway: A covered passageway open on two or more sides, joining two or more detached buildings.

Building: Any structure having a roof supported by columns or walls, or both, and intended for the shelter, housing or enclosure of any person, animal or personal property. When any portion of a structure is completely separated from every other portion of the structure by a masonry division or firewall without any window, door or other opening and the masonry division or firewall extends from the ground to the upper surface of the roof at every point, such portion shall be deemed to be a separate building.

Building envelope: The three-dimensional space within which a building or structure may be built, as defined by setbacks and height regulations. Building envelopes may also be delineated for portions of lots on an approved subdivision map, cluster subdivision approval, or conditions of the subdivision or other land use approval. In such cases, the line segments delineating the building envelope shall function as setback lines for residences, and may confine the location of certain other buildings or structures if so stated on the approved map, or as a condition of subdivision approval that more specifically defines the purposes of the building envelope.

Building footprint: That portion of a property vertically below the maximum extensions of the enclosed structure(s) thereon, including covered decks, uncovered decks over 30 inches above grade, and carports, but excluding roof projections of two and one-half feet or less.

Building, main: A building or buildings in which the lot's principal use is conducted.

Centerline: The centerline of a street as established by the County Surveyor of the County or by the city engineer of any city within the county or by the California Department of Transportation. If no such center line has been established, the center line of a street shall be a line midway between the side lines of the right-of-way thereof; provided, however, that if only a part-width right-of-way exists for any portion of any street, the center line for such part-width portion shall be determined by prolonging the center lines on each side of such part-width portion parallel to the side lines of such part-width portion. If the foregoing method of establishing the centerline is not feasible, the zoning administrator shall designate the centerline.

Development area: That portion of a property within which buildings, accessory structures, and associated improvements are proposed and delineated on site plans or subdivision maps in accordance with applicable policies of the general plan or the zoning ordinance. Associated improvements include, but not are not limited to driveways, parking areas, turnarounds, septic systems, patios, pools and recreational facilities.

portion of a property within which buildings, accessory structures, and associated improvements are proposed and delineated on site plans or subdivision maps in accordance with applicable policies of the general plan or the zoning ordinance. Associated improvements include, but not are not limited to driveways, parking areas, turnarounds, septic systems, patios, pools and recreational facilities.

Dwelling purposes: The use of a building for human habitation, which is designed, intended or used for sleeping, cooking, eating, and sanitation.

Dwelling unit: A building or portion thereof that is designed, intended or used for dwelling purposes for one family, as defined in this section.

Family: One or more persons occupying a premises and living as a single, nonprofit household, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary domestic help.

Fee access corridor: That portion of a flag lot used for access that is owned in fee simple.

Floor area, gross: The sum of the gross horizontal areas of the several floors of a building, as measured from the rough exterior faces of the exterior walls, or (if applicable) from the centerline of a common wall between two attached buildings. "Floor area, gross" also includes the total area of any attached garage, and includes any carport, porch or similar attached structure or feature that is both: (a) covered, and (b) greater than 50 percent enclosed by perimeter walls. It includes the horizontal area of an interior stairway at each of the two or more stories to which the stairway provides access. Any attic space that has a minimum clearance of seven feet in each of three dimensions for at least 70 contiguous square feet shall be included.

Basement space that has a minimum clearance of seven feet in each of three dimensions for at least 70 contiguous square feet shall be included in floor area when determining:

(a)

Required nonresidential parking spaces as stipulated in § 4.30.040;

(b)

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Floor area limitations applicable to accessory dwelling units;

Fig. 1.30-2 Gross Floor Area

(c)

Cumulative floor area that may be subject to building site approval (Ordinance Code Division C12, Chapter II); and

(d)

Floor area that may be subject to regulations of the Department of Environmental Health, County Fire Marshal, or other government department or agency.

Where the vertical distance between any floor and the ceiling above exceeds 15 feet, floor area shall be counted twice.

Except where the provisions of § 3.40.030 apply, basements shall be excluded when calculating residential floor area or floor area ratio where provisions are intended to either: (a) stipulate maximum building size; or (b) categorize a project under the provisions of § 3.20.030, § 5.50.050 or § 5.50.060 for procedural purposes.

Floor-area ratio (FAR): Determined by dividing the gross floor area of a specified building(s) on a lot by the net lot area; provided, however, that on flag lots, all portions of fee access corridors which are less than 25 feet in width shall be excluded from floor area calculations.

Future width line: A line representing the maximum planned width of a right-of-way, as shown on maps included in any officially adopted report or ordinance. This includes the 1971 Ruth and Going Future Width Line Study.

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Group living quarters: A group of structures, or a single structure such as a boarding house or dormitory, consisting of either individual or shared facilities for living, sleeping, eating, cooking, and sanitation.

Guest room: A room within a dwelling which is intended, arranged or designed to be occupied or which is occupied by one or more guests, but in which there are no cooking facilities.

Hedge: Plants that are cultivated to result in a dense linear form that functions as a fence, wall or barrier.

Height: The dimension measured by the vertical distance from the final grade to the top of a building or structure. On sloping lots or lots with irregular topography, height shall be measured vertically upward from

a hypothetical surface representing the final grade as projected through the structure site (see Figure 1.30-4b for measurement details).

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==> picture [168 x 125] intentionally omitted <==

Fig. 1.30-4a Building Height

Fig. 1.30-4b Height Measurement (irregular topography)

Legal-nonconforming use, lot, or structure: A use, lot, building or structure that was lawful when brought into existence, but does not comply with the currently effective use provisions, permitting requirements or development standards of this zoning ordinance. See Chapter 4.50.

Livestock: Domestic animals kept on a farm or ranch and raised for sale and profit.

Lot: A fundamental unit of land that may be lawfully sold as a separate parcel in conformance with the applicable lot-legality provisions of Division C12 of the County Ordinance Code and the applicable subdivision and lot-legality provisions of state law.

Lot area, gross: The area specified as gross lot area on a recorded parcel map, tract map or record of survey. Also, the total area of any lot whose deed contains a legal description that includes land underlying public or private rights-of-way as fee-title portions of the lot.

Lot area, net: The net area of a lot specified as such on a recorded parcel map, tract map or record of survey, or the total land area of any lot exclusive of land underlying public or private rights-of-way.

Lot, corner: A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. If the interior angle of the intersecting street lines is 135 degrees or wider, the lot shall

not be deemed a corner lot.

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Lot coverage: The footprint of all buildings and structures over 30 inches in height. Covered patios, carports, arbors, and similar structures are counted in lot coverage. Eaves are excluded provided they do not project more than two and one-half feet.

Lot depth: The average distance from the front property line (or edge of right-of-way) to the rear line measured in the general direction of the side lines of the lot.

Lot frontage: The boundary of a dedicated public or private road right-ofway as it fronts along a lot. To determine the front lot line for setback purposes, see "lot lines."

Lot, flag: A lot, generally located to the rear of another lot, whose frontage to a street is provided by a fee access corridor, or whose access is provided by an easement through the parcel with actual frontage along such street. [See Fig. 1.30-5]

Lot, interior: A lot with street frontage and whose side lot lines are the Fig. 1.30-5 Classification of Lots side lot lines of adjacent lots that front on the same street. [See Fig. 1.305]

Lot, key: The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. [See Fig. 1.30-5]

Lot lines: The lines bounding a lot as defined herein, with the following specific classifications and criteria for determining setbacks. For purposes of this definition, "street" shall mean "right-of-way," as defined herein.

1.

The front lot line is normally the line that abuts a street.

2.

The front lot line of a corner lot is normally the shorter line (representing the narrower lot dimension) of the two lines abutting a street. If a corner lot's overall depth-to-width dimensions are more strongly representative of the lot's orientation such that an alternate frontage determination would yield a larger building envelope, the right-of-way line that corresponds to the lot width (longer line in that case) shall be deemed the front lot line for setback purposes. In the case of a curved corner, a determination may be made by the zoning administrator that an appropriately situated point along that curve shall demarcate the front lot line from the exterior side lot line.

3.

The front lot line of a flag lot shall be based on the lesser dimension (width/length) of the main portion of the lot (portion that excludes access corridor). The line abutting the interior terminus of the access corridor that corresponds to that lesser lot dimension shall be deemed the front lot line. When a fee access corridor exceeds 25 feet in width, the front lot line shall be the street frontage at the access corridor. For a variablewidth access corridor the front lot line shall be considered the width line at the point at which the access corridor exceeds 25 feet.

4.

The side lot line is the line that intersects the front lot line, the rear lot line, and any other side lot line.

5.

The side exterior lot line of a corner lot is the (generally) longer of the two lines abutting a street (see Paragraph 2 above).

6.

The rear lot line is generally the line that is most distant and opposite the front lot line. On a triangular lot or other lot where no logical rear lot line exists, the rear setback may be taken as a radius from the point of intersection of side lines most distant and opposite the front lot line. Multiple line segments that logically fit the intent of this definition may also be considered rear lot lines.

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Where the above provisions are inadequate to address an unusually configured lot, the zoning administrator shall classify the lot lines on that lot. The determination shall consider in the following order of importance: (a) the general depth-to-width orientation of the lot and the establishment of a practical and reasonable

building envelope, (b) the orientation of the lot and orientation of the determined building envelope as it would most harmoniously concur with development and/or building envelopes on the adjacent lots, (c) the existing development on the subject lot and the degree to which it may conform to more than one possible determination, and (d) other factors specific to the lot that would affect the practicality and reasonableness of a determined building envelope. See § 4.20.020 for additional lot-line and setback criteria for accessory buildings on lots with unusual configurations.

Manufactured home: A factory-built single-family structure as defined in Section 19971 of the California Health and Safety Code or a manufactured home as defined in Section 18007 of the California Health and Safety Code. Mobile homes, which are structures transportable in one or more sections, designed to be used as a residential dwelling unit and not having wheels or axles permanently attached to their body or frame, are considered manufactured homes if they are built in conformance with the National Manufactured

Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401) and located on a foundation system pursuant to Section 18551 of the California Health and Safety Code. Manufactured homes or mobile homes do not include recreational vehicles, or commercial coaches, as defined in Section 19971 of the California Health and Safety Code.

Marginal agricultural lands: Lands that may be considered unsuitable for agricultural use because of proximity to incompatible non-agricultural uses, inadequate water availability; or marginal soil type such as Class III or poorer.

Mine, idle: A mining operation that is curtailed for one (1) or more year(s) by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

Mobile home: See "manufactured home."

Movable tiny home: A structure on wheels used for dwelling purposes that provides complete independent living facilities for one or more persons and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. It complies

n wheels used for dwelling purposes that provides complete independent living facilities for one or more persons and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. It complies

with all State of California requirements, is constructed in compliance with American National Standards Institute (ANSI) 119.5 standard, cannot move under its own power, is licensed and registered with the California Department of Motor Vehicles, is no larger than allowed by state law for movement on public highways, and has at least 100 square feet of enclosed space (see §§ 2.10.020 and 4.10.015).

Nonconforming use, lot, or structure: The term "nonconforming" shall mean legal-nonconforming. See "legal-nonconforming use, lot or structure."

Official plan line: A line representing the maximum planned width of a right-of-way, including future right-ofway, as defined in Section C12-700 of the County Ordinance Code.

Open land historic: The unimproved or undeveloped portion of the land on which the historic buildings or structures exist and which is essential to the integrity of the historical site or place.

Open space land: Any parcel(s) or portion of a parcel that is essentially unimproved and devoted to an open space use. This term includes land(s) designated for permanent open space preservation as shown on a recorded subdivision map, approved site plan, or other development plan, and which may be the subject of an easement or other permanent conveyance of development rights restricting the use and development potential of the open space in accordance with applicable general plan policies, zoning regulations, mitigations, or conditions of approval.

Person: Any individual, firm, association, corporation, organization or partnership, or any city, county, district or state, or any public entity or department or agency thereof.

Public water supply: Water service furnished by a public utility, a county water company or district, a municipal water company or district, a community service district or other public water district.

Reclamation: The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining uses

so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and pose no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, re-soiling, re-vegetation, soil compaction, stabilization, or other measures.

Reclamation plan: A plan providing for reclamation of lands upon which surface mining operations either have been or will be conducted.

Registered historic cultural resource: A registered historic cultural resource is any building, site, structure, object, or district which is registered in the National Register of Historic Places, California Historical Landmarks Program, California Register of Historical Resources, California Points of Historical Interest Program, or formally designated as such by a resolution of the Santa Clara County Board of Supervisors.

Right-of-way: The total (improved and unimproved) area of land within the bounds of a dedicated public or private road. Also includes any ingress-egress easement that provides the right to pass over one property to access another.

Riparian: That area within and adjacent to waterways, water bodies and areas with special underground wetness characteristics which support a special type or lush condition of vegetation not found in the general area.

Sanitary sewers: Sanitary sewers shall mean those sewer systems operated and maintained by a county, a municipality, or a sanitary sewer district.

Sanitation facilities: Sanitation facilities shall mean a toilet, sink, and bathing facilities (tub or shower) serving a dwelling unit that comply with all requirements of state law and the Ordinance Code.

Setback: The horizontal separation required between lot lines (and/or rights-of-way, see below), and the nearest point of a building or structure, including below-grade walls. The setback line shall be deemed to mean a line parallel to the lot line separated by the required setback distance.

The measurement shall be taken from the rough exterior building walls (structural wall components; excluding trim, exterior siding, stucco or other such finishing materials), or other vertical structural components, to the nearest lot line, exclusive of those architectural features listed in § 4.20.110 as exempt. Setbacks shall also be taken from the edge of any right-of-way that abuts or passes through the subject lot. In situations where the property line lies within the right-of-way, the setback shall be taken from the edge of such right-of-way. However, if an official plan line or future width line has been established for the abutting right-of-way, setback measurement shall be taken from such official plan line or future width line.

Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor 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.

An attic, regardless of its interior dimensions, shall not be considered a story provided it remains

unconditioned space, is accessible by nothing more substantial than a pull-down stairway or ladder, and contains no dormers with the exception of minimal vent features.

A basement shall not be considered a story.

Determination of a building's number of stories shall be based on qualifying floor area being situated directly above other qualifying floor area.

Story, half: A portion of a building within a hip, gable or similar sloping roof containing space that meets the dimensional criteria for habitable space (70 square feet or larger with a minimum seven feet clearance in each of three dimensions), but is limited such that the wall plates on at least two opposite exterior (vertical) walls, which constitute at least 50 percent of the perimeter wall area at that floor level, are not more than two feet above rough floor level.

==> picture [144 x 78] intentionally omitted <==

Fig. 1.30-7 Half Story

Structural alterations: Any change in the supporting members of a building, such as bearing walls, foundation, roof, columns, beams or girders.

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. The term "structure" includes "building."

Urban service area: Land within the sphere of influence of a particular city, which is served by urban facilities, utilities and services, or which is proposed to be served by urban facilities, utilities and services through a city-adopted capital improvement program. In addition to being regulated by the County zoning

ordinance, unincorporated land within a city's urban service area is subject to the land use policies of that city's general plan. The urban service area boundary shall be established by the Santa Clara County Local Agency Formation Commission in accordance with the applicable provisions of Sections 56300, 56301 and 56425 of the California Government Code.

Use: The purpose for which land or premises or a building thereon is designed, arranged or intended or for which it is or may be occupied or maintained. When used as a verb, standard dictionary definitions of "use" shall apply.

Watercourse: A running stream fed from permanent or natural sources, including rivers, creeks, runs and rivulets. There must be a stream, usually flowing in a particular direction (though it need not flow continuously) in a definite channel, having a bed or banks and usually discharging into some stream or body of water.

Yard: An open space, adjacent to a dwelling or other main building, that is generally unoccupied and unobstructed from the ground upward, except as otherwise provided in Chapter 4.20. The following are types of yards:

1.

The front yard extends across the full width of the lot lying between the front lot line and the nearest line of the dwelling.

2.

The side yard lies between the side lot line and the side wall(s) of the dwelling and extends from the front yard to the rear yard.

The rear yard extends across the full width of the lot lying between the rear lot line and the nearest line of the primary dwelling.

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(Ord. No. NS-1200.317, § 16, 6-8-04; Ord. No. NS-1200.318, § 1, 3-28-06; Ord. No. 1200.320, § 4, 8-2906; Ord. No. NS-1200.323, § 1, 1-29-08; Ord. No. NS-1200.327, § 2, 2-9-10; Ord. No. NS-1200.330, § 1, 9- 28-10; Ord. No. NS-1200.337, § 1, 12-18-12; Ord. No. NS-1200.367, § 2, 6-19-18; Ord. No. NS-1200.371, § 1, 3-10-20; Ord. No. NS-1200.375(10.20.2020), § 1, 10-20-20)

Editor's note— Section 3 of Ord. No. NS-1200.330 allows for an effective date of November 1, 2010, and states: "This ordinance shall not apply to discretionary land-use applications that include house plans (floor plans and elevations) that have been deemed complete or approved prior to November 1, 2010, nor to projects for which a building permit application has been accepted by the Building Inspection Office prior to November 1, 2010.

ARTICLE 2. - BASE DISTRICTS CHAPTER 2.10. - DEFINITIONS: USE CLASSIFICATIONS[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. NS-1200.317, § 16, adopted June 8, 2004, amended the title of Ch. 2.10 to read as herein set out. Prior to inclusion of said ordinance, Ch. 2.10 was entitled, "Use Classifications." See also the Code Comparative Table.

Use classifications describe groups of land uses that have similar characteristics and can therefore be regulated in a similar manner. The descriptions of the classifications do not list every use or activity that would be appropriate within the classification, but instead give a general description of the type of uses that are included. All permitted uses are regulated under one of the use classifications defined in this chapter and further regulated in subsequent chapters describing regulations in base and combining zoning districts.

§ 2.10.020. - Classification of uses.

A.

Interpretations of permitted uses. The zoning administrator shall be authorized to determine whether a particular use is within the scope of an existing use classification.

1.

Uses not listed. The zoning administrator may deem a use to be a permitted use that is not listed on the table of uses if such use is substantially similar in nature and intensity to at least one listed permitted use, and the use is clearly compatible with both the intent of the applicable district and the applicable land use designation of the general plan. The zoning administrator shall also determine the nature of the permitting process, based on the nature and intensity of the use and that use to which it is substantially most similar. Where such a use technically meets the criteria for a use that is allowed by matter of right, but the intensity or impacts of the use substantially exceed that reasonably expected to be associated with the use classification, the zoning administrator may interpret the zoning ordinance to require a permit for the use.

2.

Requirement for interpretation application. Use interpretations shall only be made in response to a formal application for interpretation.

Procedures for interpretation of the zoning ordinance are located in Chapter 1.20, Application.

B.

Incidental activities. An incidental activity carried out as part of a primary use, which is not expressly identified by the Zoning Ordinance as part of the primary use classification, may be conducted if determined by the applicable decision-making authority to be appropriately ancillary to the primary use, and generally compatible in nature with the uses permitted by the applicable zoning designation.

C.

Zoning ordinance amendments. When appropriate, a use that is not within an existing use classification, or not deemed an allowed use through the interpretation provision of subsection A, above, may be incorporated into the Zoning Ordinance through an ordinance text amendment, if determined to be consistent with the general plan (see Chapter 5.70). The amendment may either take the form of a new use classification or an alteration to the description of an existing classification, and it must be processed as an amendment to the Zoning Ordinance as set forth in Article 5.

D.

Prohibited uses. Uses not described within the use classifications, use tables, or otherwise defined as permitted uses by means of a formal interpretation as described in subsection A are prohibited. Nothing in this Zoning Ordinance shall be construed to allow activities or uses prohibited by or pursuant to other local, State, and federal laws, ordinance, and regulations, including, but not limited to laws for preserving agricultural or open space lands.

(Ord. No. NS-1200.327, § 3, 2-9-10)

Residences. This classification includes primary residences and excludes other types of residences separately defined within this section. This classification also includes the renting of rooms and provision of meals within a dwelling by the resident family or household to not more than two other individuals (for rooming houses, see Rooming Houses, Fraternities & Sororities). It also includes employee housing that provides exclusive accommodation for six (6) or fewer employees, pursuant to California Health and Safety Code Section 17021.5, and emergency, supportive, and transitional housing for six (6) or fewer clients.

All uses within this classification shall fit within one of the following subcategories:

1.

Single-Family. One dwelling unit on a single lot, completely detached from any other dwelling unit. This classification includes a manufactured home. Including all housing types (e.g., ADUs, Junior ADUs), a parcel not zoned for multi-family development shall under no circumstances have more than three units - a primary dwelling unit, an ADU, and a Junior ADU, unless the parcel qualifies for an Urban Primary Unit. See the Urban Primary Unit use classification.

2.

Two-Family. Two dwelling units within the same structure, each having its own kitchen and bathroom facilities.

3.

MultiFamily. Three or more dwelling units within the same structure, each having its own kitchen and bathroom facilities. Multi-family housing on parcels with the -os combining district designation may also include non-residential ground-floor uses, which shall be limited to Retail, Restaurants and Bars, Banks, Health Clubs, Medical Clinics, Personal Services, or community benefit uses such as libraries and government offices providing services to the public except where otherwise expressly allowed in chapter 3.75. Multifamily housing on parcels with the -os designator may also include Retail, Restaurants and Bars, or shared gathering space on the rooftop level. [Criteria § 3.75.030 et seq.]

Residential Accessory Structures and Uses. This classification includes detached buildings and structures whose use is entirely incidental to the primary residential use, and which do not contain living space or sleeping quarters. Residential accessory uses consist of activities customarily associated with (or otherwise reasonably associated with) the primary residential use, and include such activities when they occur on private communal open space within a residential development. Private, noncommercial gatherings hosted by residents or property owner(s) shall be considered residential accessory uses.

On lots with no legally established residential use, certain limited structures ancillary to maintenance and security of the land (e.g., fences, gates, well or irrigation hardware) shall be considered permitted accessory structures under this classification.

On lots with no legally established residential use, one limited storage building per lot is permitted under this classification in rural base zoning districts. The floor area of such storage buildings is restricted to 120 square feet maximum. Height shall not exceed ten feet in height at any point, and such buildings shall

comply with all other applicable provisions of Section 4.20.020. Such storage buildings may not include plumbing or electricity in their construction. Any such building in an "-sr" combining district shall be subject to the scenic roads provisions of Section 3.30.030.

Accessory buildings shall be limited to two internal plumbing fixtures except as provided by subsection 4.20.020(I).

Accessory dwelling unit-ADU. A residential dwelling unit that provides independent living facilities and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling to which it is accessory. Accessory dwelling units include standard ADUs, movable tiny homes, and Junior ADUs. ADUs include an efficiency unit as defined in Health and Safety Code section 17958.1, and a manufactured home as defined in Health and Safety Code section 18007. This use classification is intended to be consistent with Government Code section 65852.2 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail. [Criteria/Findings § 4.10.015]

1.

Standard ADU. A standard accessory dwelling unit that provides complete independent living facilities. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. It may be attached or detached. [Criteria/Findings § 4.10.015]

2.

Movable Tiny Home. A detached structure on wheels used for dwelling purposes that provides complete independent living facilities for one or more persons and is located on the same lot as the primary dwelling (single-family or multifamily) to which it is an accessory use. See Section 1.30.030 "Movable tiny home."

3.

Junior ADU. A dwelling unit that is no more than 500 square feet in size, and is contained entirely within a primary single-family residence or a detached accessory dwelling unit, and both shall have independent entrances. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation facilities on the same parcel as the primary dwelling to which it is accessory. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing dwelling unit. The junior accessory dwelling unit must contain either a full kitchen or an efficiency kitchen consisting of cooking facilities with appliances, food preparation counters, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit. This use classification is intended to be consistent with Government Code sections 65852.2 and 65852.22 and all other state laws as those laws are amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail. [Criteria/Findings § 4.10.015]

Agricultural Employee Housing. Housing occupied by individuals who are primarily engaged in an agricultural operation, as defined in § B29-2(b) of the Ordinance Code. Family members of such individuals may also live in the same unit. Agricultural employee housing is not required to be located on the same property as an agricultural operation. [Criteria/Findings § 4.10.040]

All uses within this classification shall fit within one of the following subcategories:

1.

Small-scale permanent. Permanent housing facilities that include no more than six dwelling units or 18 beds in group living quarters. This may include mobile homes and manufactured homes. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. Where agricultural employee housing consists of a combination of both individual dwelling units and group living quarters, each dwelling unit shall count as three beds toward the maximum of 18 beds in group living quarters. [Criteria/Findings § 4.10.040]

2.

Large-scale permanent. Permanent housing facilities that include more than six dwelling units or 18 beds in group living quarters, or housing that does not meet the supplemental use regulations for small-scale agricultural employee housing. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. [Criteria/Findings §§ 3.80.050, 4.10.040]

3.

Seasonal. Temporary housing that is present on site for no more than 180 days per year and is not subject to the Special Occupancy Parks Act, Health and Safety Code § 18860 et seq. Complete individual or shared living, sleeping, eating, cooking, and sanitation facilities, including a full kitchen and bathroom, shall be provided on the same lot. This housing is limited to movable tiny homes, which for the purpose of seasonal agricultural employee housing, may be located on a lot without a primary residence. The property owner shall declare the specific occupancy period dates for each housing unit annually and submit that information to the Planning Director by January 31 of each year. All such housing shall be removed from the site outside of the declared occupancy period dates. [Criteria/Findings § 4.10.040]

Caretaker's Residences. Dwelling units incidental and subordinate to a significant nonresidential use established by issuance of a use permit. Such units must be necessary for the practical operation of the primary use, and the occupancy of such units shall be limited to owners or employees of the primary use and their families.

Domestic Animals. The keeping of domesticated animals for use or enjoyment within the home or premises by the resident occupants, including non-commercial equestrian activities. All uses within this classification shall fit within one of the following subcategories:

1.

Dogs and Cats. The keeping of dogs and cats.

2.

Small Animals—Limited. Includes the following small animals: rabbits, guinea pigs, chicken and fowl (but excluding roosters, peafowl, guinea fowl, geese or quacking ducks), and similar species as approved by the Zoning Administrator.

Horses. The keeping of horses.

Home Occupations. Businesses conducted incidental to the residential use of a property, generally within a dwelling by resident occupants. All uses within this classification shall fit within one of the following subcategories:

1.

General. Uses conducted exclusively within the dwelling by the resident, with allowance for one nonresident employee. [Criteria/Findings § 4.10.180]

2.

Expanded. Uses conducted in the dwelling or accessory building by the resident, with allowance for one nonresident employee, limited outdoor storage of materials, and not more than two vehicles. [Criteria/Findings § 4.10.180]

Recreational Vehicle Parks. (Residential) Facilities providing spaces for recreational vehicles as defined in California Health and Safety Code Section 18010 and providing electric, water, and sanitary hookups for each recreational vehicle. Recreational Vehicle Parks may also include ancillary facilities that provide services to onsite recreational vehicles, such as a manager's and/or caretaker's unit, office, retail sales, shared bathroom facilities, small recreational facilities, picnic tables, storage lockers, and cooking areas. This use classification applies to Recreational Vehicle Parks for which the owner has obtained an exemption from the short-term stay requirements from the County. [Criteria/Findings § 4.10.280]

nsite recreational vehicles, such as a manager's and/or caretaker's unit, office, retail sales, shared bathroom facilities, small recreational facilities, picnic tables, storage lockers, and cooking areas. This use classification applies to Recreational Vehicle Parks for which the owner has obtained an exemption from the short-term stay requirements from the County. [Criteria/Findings § 4.10.280]

Residential-Communal Institutional. A facility containing rooms or apartments (or both) but having communal dining facilities and lounges, and communal services, such as housekeeping, organized social and recreational activities, and support services appropriate for the residents. Includes college dormitories, monasteries and other such communal living facilities related to permitted institutional use classifications. Excludes nursing homes and similar uses (see Community Care Facilities). Also excludes rooming houses (see Rooming Houses, Fraternities & Sororities). [Criteria/Findings § 4.10.300]

Rooming Houses, Fraternities & Sororities. Includes fraternity and sorority housing for students, boarding houses, and similar group residential uses. Also includes single-room occupancy residential facilities where secure rooms are individually rented to a one- or two-person household. Excludes those uses classified as Residential -Communal Institutional.

Temporary Residences during House Construction. Mobile homes, recreational vehicles, or existing homes occupied during the construction, repair, or remodel of a permanent dwelling on the same property. The temporary residence may remain on the property for no longer than 90 days from the date of occupancy of the permanent dwelling, or for two years from the date of either initial building permit issuance or the date of any casualty that rendered the primary residence uninhabitable, whichever occurs first. The provisions of subsection 4.20.090(B) shall apply to emergency housing following casualty. [Criteria/Findings § 4.10.380]

Temporary Agricultural Residence. A recreational vehicle or movable tiny home that provides temporary housing to a person engaged in an on-site agricultural operation, as defined in § B29-2(b) of the Ordinance

Code, and their family members. For the purpose of temporary agricultural residences, a movable tiny home or recreational vehicle may be located on a property without a primary residence on-site. [Criteria/Findings § 4.10.385]

Urban Primary Unit. A second residential dwelling unit, limited to 1,600 square feet, that provides independent living facilities and is located on a legal parcel that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau when the application is approved, and is located in a single-family residential zone. This use classification also applies to a second dwelling unit on any eligible lot that resulted from an urban lot split, as described in section C12-44, on or after January 1, 2022. The dwelling unit may exist as a separate structure or within a common structure. An Urban Primary Unit is not an ADU or Junior ADU. This use classification is intended to implement Government Code Sections 65852.21 and 66411.7, as amended from time to time. If there is any conflict between this use classification and state law, state law shall prevail to the limited extent of the conflict. [Criteria/Findings § 4.10.387]

(Ord. No. NS-1200.327, § 4, 2-9-10; Ord. No. NS-1200.335, § 1, 12-4-12; Ord. No. NS-1200.337, § 2, 1218-12; Ord. No. NS-1200.345, § 1, 6-10-14; Ord. No. NS-1200.349, § 2, 4-7-15; Ord. No. NS-1200.360, § 1, 5-23-17; Ord. No. NS-1200.367, § 3, 6-19-18; Ord. No. NS-1200.371, § 2, 3-10-20; Ord. No. NS1200.375(10.20.2020), § 2, 10-20-20; Ord. No. NS-1200.378, § 1, 5-25-21; Ord. No. 1200.383, § 1, 1-2423; Ord. No. NS-1200.384, § 1, 12-12-23)

The notation in parentheses following the title of each primary classification indicates the type of use for purposes of ensuring general plan consistency and correlation with types of allowable uses defined within the general plan.

Adult Uses. (Commercial) A building, premises or portion thereof consisting of, including, or having the characteristics of any or all of the following three subcategories. For regulatory purposes, this classification shall supersede any other classification under which a qualifying adult use may also fall (e.g. retail sales, theaters, restaurants and bars). [Criteria/Findings § 4.10.020].

1.

Adult Book/Video Store. An establishment having as a substantial or significant portion of its stock-in-trade for sale to the public (or certain members thereof) videos, magazines, erotic devices and accessories, books, and/or other such items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (see definitions, below).

2.

Adult Movie Theater. An establishment regularly used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing, or relating to, specified sexual activities or specified anatomical areas for observation by patrons or customers.

Adult Entertainment Establishment. An establishment regularly used for the presentation or exhibition or featuring of topless or bottomless dancers, strippers, or any entertainers regularly displaying specified anatomical areas for observation by patrons or customers or regularly engaged in specified sexual activities, regardless of the state of dress.

The following definitions apply to uses within this classification:

Specified sexual activities:

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

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

(c)

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

Specified anatomical areas:

(a)

Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or

(b)

Human male genitals in a discernibly turgid state.

Agriculture. (Agricultural) Raising of animals, crops, or crop trees, including horticulture, crops grown within greenhouses, vineyards, crop harvesting, livestock farming, apiaries, aviaries, worm farms, fish farms, fur farms, 4-H projects, Future Farmers of America projects, or those of similar groups, grazing, and ranching. This classification excludes uses that have the potential to result in significant off-site impacts (see Dairies, Feed Lots, Industrial Hemp, Livestock Auction Yards, Mushroom Farms, Poultry and Egg Farms— Commercial). All uses within this classification shall fit within one of the following subcategories:

1.

General. The raising of agricultural commodities other than livestock.

2.

Livestock. The raising of livestock.

3.

Urban. Agricultural activity within an urban setting, scaled and operated to be compatible with adjacent urban land uses. Includes growing of agricultural products and limited raising of livestock. Also includes

community supported agriculture, communal gardens, and educational demonstration gardens. Livestock shall be limited to no more than 12 small animals as provided in Note 6 of Table 2.30-1. [Criteria/Findings § 4.10.025].

Agricultural Accessory Structures and Uses. (Agricultural) Structures and uses ancillary to and supporting onsite agricultural operations including, but not limited to, barns and sheds, corrals, wells, compost storage, machinery storage, and small offices.

Agricultural Equipment Sales and Services. (Commercial) Establishments for the sale, rental, and repair of machinery, equipment and supplies for use in agricultural operations.

Agricultural Processing. (Agricultural) Processing facilities for the handling, processing, packing, packaging, storing and shipping of agricultural commodities grown primarily in Santa Clara County or neighboring counties. Does not include processing of meat, poultry, or animal products (see Butcheries), nor timber or wood processing (see Manufacturing/Industry) or industrial hemp (see Industrial Hemp: Agricultural Processing). Does not include routine harvesting and handling activities incidental to agriculture (see Agriculture). All uses within this classification shall fit within one of the following subcategories [Criteria/Findings § 4.10.030]:

1.

Small Scale. 2,400 square feet or less of covered space devoted to processing activities.

2.

Medium Scale. Between 2,400 and 10,000 square feet of covered space devoted to processing activities.

3.

Large Scale. More than 10,000 square feet of covered space devoted to processing activities.

Agricultural Research. (Agricultural) Establishments for experimental greenhouse and field growing of agricultural commodities, landscaping and seeds, including experimental use of herbicides, pesticides, and other agricultural practices. Does not include agricultural research facilities for industrial hemp (see Industrial Hemp: Agricultural Research).

Agricultural Sales. (Commercial) Facilities for the retail sale of agricultural commodities, operated by a single seller on a seasonal or year-round basis. All uses within this classification shall fit within one of the following subcategories:

1.

Limited. Sales of agricultural products predominantly grown or produced within Santa Clara County. Includes operations where customers have access to the growing areas and pick the product themselves, such as Christmas tree farms, pumpkin patches, and apple or fruit picking. May include a stand or similar sales structure no larger than 1,200 square feet.

Farmers' Markets. Facilities used by multiple sellers for sales of agricultural commodities directly to the public.

Agriculturally Related Entertainment and Commercial Uses. (Commercial) Visitor oriented services, sales and attractions with an agricultural theme that are conducted in conjunction with on-site agricultural uses. Such uses include but are not limited to food and retail sales, tasting rooms, reception facilities, outdoor entertainment areas. [Criteria/Findings § 4.10.050]

Aircraft Landing Strips—Private. (Residential) Facilities for takeoff, landing and storage of small, noncommercial airplanes. This classification does not include helipads (see Helipads).

Antennas—Commercial. (Infrastructure). Towers and similar structures mounted with equipment for the transmitting and/or receiving of television, radio or electromagnetic waves between terrestrially and/or orbitally based structures. This classification does not include private, non-commercial antennas, nor does it include cellular or other wireless telecommunications facilities (see Wireless Telecommunication Facilities).

1.

Minor. Structures 55 feet or less in height.

2.

Major. Structures over 55 feet in height.

Auction Houses. (Commercial) Establishments for the display and sale of goods through a bidding process. This classification does not include animal auction facilities (see Livestock Auction Yards).

Automotive Sales and Services. (Commercial) Establishments for the sale, rental, maintenance, and repair of automobiles and other passenger vehicles, such as light-duty trucks, boats and motorcycles. Does not include heavy-duty or commercial truck sales and services (see Truck Sales and Services). All uses within this classification shall fit within one of the following subcategories:

1.

Limited Repair. Minor automobile and vehicle repair and accessory installation, including, but not limited to, oil changes, tune-ups, wheel alignment, and muffler and shock absorber replacement and repair.

2.

General Repair. Major repair services for automobiles and other light-duty vehicles, including electric and battery service, glass replacement, reupholstering, bodywork, painting, motor and transmission rebuilding, and tire recapping.

3.

Sales and Rentals. Establishments for the sale, leasing and/or rental of operable automobiles, boats, motorcycles, or other vehicles, including onsite storage of vehicles for sale or rent.

Service Stations. Gas stations, including ancillary convenience retail and auto services. Service stations that contain more than two repair bays are considered "limited repair."

5.

Storage. Storage of new vehicles or operable used vehicles intended for future use or for resale as whole vehicles. This classification does not include junkyards.

6.

Washing. Establishments providing hand-operated, self-service, or mechanical automobile washing services.

Banks. (Commercial) Financial institutions including federally chartered banks, savings associations, industrial loan companies, and credit unions providing retail banking 31 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 services to individuals and businesses. This classification does not include payday lending businesses or check cashing businesses, and as a result, the establishment, expansion, or relocation of such businesses is prohibited. 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.

Bed and Breakfast Inns. (Commercial) Establishments providing short term overnight accommodations with a maximum of six guestrooms, including kitchen and dining room facilities for guests. [Criteria/Findings § 4.10.060]

Billboards. (Commercial) Signs advertising activities conducted offsite. This classification does not include temporary real estate signs, seasonal agricultural sales signs, or temporary agricultural stand signs (see Chapter 4.40: Signs).

Broadcasting. (Infrastructure) Facilities for broadcasting, recording, and other electronic communication services, including radio, television or recording studios, telephone switching centers, and telegraph or cable television transmitting offices. This classification does not include commercial antennas or antennas that are an accessory use to a principal use on the same parcel (see § 4.20.020 Accessory Structures).

Business Services. (Commercial) Establishments providing services oriented to businesses, including. but not limited to, accounting, tax preparation, document preparation and photocopying services, messengers, printing, janitorial services, wholesaling without significant on-site inventories of stock, and other similar services. This classification excludes professional offices and automobile and equipment maintenance and repair.

Butcheries. (Industrial) Establishments for slaughter and basic processing and packaging of animals for meat products. This classification does not include manufacture of nonfood items from animal products such as tanning and soap manufacturing (see Manufacturing: General).

Camps and Retreats. (Recreational) Outdoor-oriented recreational, meeting, lodging, and associated facilities which have a low population density, are a low intensity use, and which minimally alter the natural

environment. Includes hostels, guest ranches, lodges, and educational and group retreats, but does not include tourist-oriented resorts, or hotels or motels (see Hotels and Motels). [Criteria/Findings § 4.10.070]

Cemeteries. (Institutional) Grounds or facilities for the burial or other interment of deceased humans or animals. Uses include cemeteries, columbaries, and mausoleums, and limited associated facilities such as offices and chapels. [Criteria/Findings § 4.10.080]

Clubs—Private and Nonprofit. (Institutional) Indoor meeting, recreational, or social facilities of a private fraternal or benevolent organization primarily for use by members or guests. This classification does not include clubs with outdoor recreation facilities such as swim and racket clubs or country clubs.

Colleges and Vocational Schools. (Institutional) Institutions of higher education, typically granting recognized degrees. This use classification includes vocational and technical schools.

Community Care. (Institutional) Facilities providing care and supervision to children or adults (or both), as defined in California Health and Safety Code Section 1502. This classification includes, but is not limited, to day-care facilities and facilities for the physically disabled, mentally impaired, and abused or neglected children, supportive housing facilities, transitional housing, nursing homes and assisted living facilities. Services may be provided on either a 24-hour (residential) or less than 24-hour (day) basis. All uses within this classification shall fit within one of the following subcategories: [Criteria/Findings § 4.10.090]

1.

Limited. Facilities serving six or fewer persons, excluding members of the provider's family and staff. Facilities serving between seven and 14 children or minors (age 18 and younger) that are licensed as largefamily day-care homes according to the requirements of Division B24 of the County Ordinance Code are also included. Supportive and transitional housing facilities serving six or fewer clients are classified as Residences.

2.

Expanded. Facilities serving more than six persons that are not otherwise licensed and operated as largefamily day-care homes under Division B24 of the County Ordinance Code.

Contractors' Facilities. (Industrial) Facilities for construction contractors' businesses. Includes office, heavy equipment and material storage, and limited facilities for maintenance of equipment owned and operated by the business owner.

Dairies. (Agricultural) Establishments where cows or goats are maintained for the production of milk or other dairy products for commercial distribution or sale. [Criteria/Findings § 4.10.110]

Emergency Shelters. (Institutional) Facilities that provide short-term residential occupancy and supportive services to seven or more clients. No client may be denied emergency shelter because of an inability to pay.

All uses within this classification shall fit within one of the following subcategories: [Criteria/Findings § 4.10.115]

Small-Scale. Facilities serving between seven and 14 clients.

2.

Large-Scale. Facilities serving 15 or more clients.

Facilities serving six or fewer clients are classified as Residences.

Entertainment—Seasonal Outdoor. (Commercial) Facilities for spectator entertainment including, but not limited to, outdoor movie and live performance theaters or stages. [Criteria/Findings § 4.10.120]

Feed Lots. (Agriculture.) Establishments primarily engaged in the fattening of livestock in a confined area. [Criteria/Findings § 4.10.130]

Field Research. (Institutional). Research activities, field studies and educational activities (e.g. student field research) that are dependent on a natural, open setting. Examples include biological, geological or atmospheric studies.

Food Preparation and Catering Services. (Commercial) Preparation of food and beverages primarily for offsite consumption. This classification includes catering businesses and limited-scale food processing facilities such as bakeries. Establishments at which 25 percent or more of transactions are sales of prepared food for on-site consumption are classified as "Restaurants and Bars."

Funeral and Cremation Services. (Institutional/ Commercial) Services involving the preparation of human dead, visitation and other pre-interment services. Excludes cemeteries and columbaries (see Cemeteries).

Golf Courses and Country Clubs. (Recreational) Golf courses and related uses such as driving ranges, refreshment services, locker rooms, facilities for limited sales of golf supplies and accessories, swimming pools, tennis courts, fitness center, social areas, and eating and drinking facilities for members, users, and their guests. May also include overnight accommodations for temporary occupancy of members, users, and guests, that are of an appropriate and ancillary scale to the golf course development. [Criteria/Findings § 4.10.140]

Golf Driving Ranges. (Recreational) Golf driving ranges not ancillary to golf courses. [Criteria/Findings § 4.10.150]

Health and Fitness Clubs. (Recreational) Commercial facilities used for physical activity for health and recreational purposes. Such facilities usually include exercise equipment and locker rooms, and may include swimming pool, gymnasium, sauna, steam and whirlpool bath facilities and incidental sales of refreshments, toiletries, and health or exercise equipment.

Helipads. (Residential) Facilities for the takeoff, landing and storage of helicopters used for private noncommercial purposes. This classification does not include fixed-wing aircraft landing strips (see Aircraft Landing Strips -Private). [Criteria/Findings § 4.10.160]

Historic Structure—Use Conversion. (Commercial/Institutional) Structures which are registered cultural heritage resources as defined within the zoning ordinance may be 34 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 allowed certain limited exceptions to allowed uses, setbacks, and height requirements, as determined by the approval authority. Uses to which

such structures may be converted as a form of adaptive re-use include, but are not limited to, the following: [Criteria/Findings § 4.10.170]

1.

Museums.

2.

Studios—Arts and Crafts.

3.

Clubs—Private and Non-Profit.

4.

Retail Sales—General.

5.

Restaurants and Bars.

6.

Hotels and Bed and Breakfast Inns.

7.

Other uses, deemed similar in nature to those described above, as determined by the Zoning Administrator.

Hospitals and Clinics. (Institutional) State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment as well as training, research, and administrative services for patients and employees. Excludes those uses classified as "Medical Offices," as well as public hospitals and clinics not subject to zoning regulations pursuant to state law. [Criteria/Findings § 4.10.190]

Hotels and Motels. (Commercial) Establishments providing more than six guest units, with no or minimal kitchen facilities in the units, intended for occupancy on a commercial basis. Guest units may be reached either from a common entrance or directly from the outside of the building. This classification includes incidental restaurants or reception/meeting facilities.

Hunting and Fishing Preserves. (Recreational) Natural or improved open space areas and related facilities specifically designated for hunting or fishing.

Industrial Hemp. (Agricultural) The term "industrial hemp" as used herein has the same meaning as that term is defined in California Food and Agricultural Code section 81000(a)(6), as amended. The term "industrial hemp operations" includes the following subcategories:

1.

Cultivation. The growing of industrial hemp, including non-experimental seed breeding for cultivation. Includes routine harvesting and handling activities incidental to growing and for non-experimental seed production. [Criteria/Findings § 4.10.195]

2.

Agricultural Research. Establishments for experimental greenhouses, field or indoor growing of industrial hemp for the development of new strains, varieties, and cultivars of seeds; experimental use of herbicides, pesticides; and other experimental agricultural practices. [Criteria/Findings § 4.10.195]

3.

Agricultural Processing. Processing facilities for the handling, processing, packing, packaging, storing and shipping of industrial hemp grown primarily in Santa Clara County or nearby counties. All uses within this classification shall fit within one of the following subcategories [Criteria/Findings § 4.10.030 and § 4.10.195]:

a.

Small-Scale. 2,400 square feet or less of covered space devoted to processing activities.

b.

Medium-Scale. More than 2,400 and up to 10,000 square feet of covered space devoted to processing activities.

c.

Large-Scale. More than 10,000 square feet of covered space devoted to processing activities.

Informational Displays. (Commercial) Staffed or un-staffed kiosks or displays for the purposes of education or tourist information. All uses within this classification shall fit within one of the following subcategories:

1.

Small. A kiosk of 400 square feet or less.

2.

Large. A kiosk of more than 400 square feet.

Kennels—Commercial. (Commercial) Commercial facilities for the shelter, breeding, sale, or training of three or more dogs or six or more cats over four months of age on a commercial basis. This classification allows for incidental activities such as exercising, grooming, and incidental medical care. Veterinary clinics and hospitals are not included (see "Veterinary Clinics and Hospitals"). [Criteria/Findings § 4.10.200]

Laboratories and Testing Services. (Commercial) Electronic, mechanical, biological or other scientific or analytical testing occupying 2,400 square feet of floor area or less (this limitation shall not include minimal ancillary office or other non-laboratory floor area). For larger laboratories see "Manufacturing-Limited."

Laundries—Industrial. (Commercial/Industrial) Large-scale laundry and dry-cleaning operations primarily serving corporate or commercial customers for linen, clothing, or other textiles. Diaper services catering to residential customers are included. Industrial laundries do not include retail laundry or dry-cleaning establishments (see Retail Sales and Services).

Livestock Auction Yards. (Agricultural) Establishments primarily used for the sale of livestock by public auction, including the incidental temporary storage of livestock in conjunction with their sale. [Criteria/Findings § 4.10.210]

Machinery and Equipment Services. (Commercial) Rental, storage, and incidental sales of machinery and equipment. All uses within this classification shall fit within one of the following subcategories:

1.

Limited. Rental and incidental sale of supplies and small equipment such as tools, appliances, business equipment, electronic equipment, furniture, and recreational equipment.

2.

General. Rental and storage of heavy machinery, equipment, and incidental sale of supplies, including building, construction, nursery and farm equipment. See Retail Sales for sale of building supplies.

Maintenance and Repair Services. (Commercial) On-site repair and incidental sales of supplies for small household goods, machinery, tools, equipment, and appliances, conducted within an enclosed building. This classification includes furniture refinishing and repair and excludes maintenance and repair of vehicles or industrial equipment.

Manufactured—Home Sales and Rentals. (Commercial) Establishments for the sale or rental of prefabricated manufactured housing. This classification does not include establishments for the sale or rental of recreational vehicles (see Automotive Sales and Services).

Manufacturing/Industry. (Industrial) Production and processing of goods from raw materials or fabricated items. Also includes the dismantling, reduction or destruction of materials or items, and storage of salvage materials and items. All uses within this classification shall fit within one of the following subcategories:

1.

Small-Scale Rural. Small-scale manufacturing activities primarily serving operations in surrounding rural areas, involving limited manufacturing or assembly of finished products from previously prepared materials. Enclosed floor area for such uses shall not exceed 2,400 square feet (this limitation shall not include minimal ancillary office or other non-manufacturing floor area). This 36 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 classification includes, but is not limited to, pallet and bin repair and manufacturing and nursery equipment manufacturing.

2.

Limited. Operations involving limited product assembling, mixing, or packaging of such a nature that offsite impacts are minimal. Includes assembling or mixing where previously processed components or manufactured parts produced off-site are assembled into a finished product or blended together to form a

noncombustible and non-explosive product. Includes product packaging, such as bottling, canning, packing, wrapping, and boxing of products assembled or manufactured off-site.

Examples include, but are not limited to, the production of the following: clothes, furniture (where wood is milled off-site), pharmaceuticals, hardware, toys, mechanical components, electric or electronic components, small vehicle assembly, and computer software.

3.

General. Manufacturing of products from processed or unprocessed raw materials, where the finished product is non-combustible and non-explosive. Also includes storage, dismantling, reduction or destruction of items or materials. The nature of such manufacturing may produce noise, vibrations, illumination, odors, or particulate that is perceptible to adjacent land users but is not significantly offensive or obnoxious. The use may include product packaging or any ancillary activity compatible with this classification or the classification Manufacturing/ Industry: Limited.

Examples include, but are not limited to, the production of the following: glass products made from manufactured glass; clay and pottery products; food and beverages; candy and other confectionery products; computer hardware; products made from rubber, plastic, or resin; converted paper and cardboard products; and fabricated metal products made from semi-finished metals.

4.

Intensive. Manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. This category also includes storage, dismantling, reduction or destruction of items or materials. This category shall also include any establishment or facility using large unscreened outdoor equipment or structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the building design, or engaging in large-scale outdoor storage. This category also includes any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses or requires a significant amount of onsite hazardous chemical storage or use. This use shall include any packaging of the product being manufactured on-site.

Examples include, but are not limited to, the production of the following: largescale food and beverage operations; lumber, milling, and planning facilities; aggregate, concrete, and asphalt plants; foundries, forge shops, open air welding, and other intensive metal fabrication facilities; chemical blending, mixing, or production; and plastic processing and production; junkyards; scrap metal recycling and salvage; and vehicle dismantling, wrecking and crushing.

Massage Establishments. (Commercial) Fixed places of business where massage is administered for compensation or from which a massage business or service for compensation is operated. "Massage Establishment" does not include establishments where massage is administered as an ancillary service within the scope of a license to perform services as (a) a barber, cosmetologist, esthetician, manicurist, electrologist, apprentice, barber instructor or cosmetology instructor, under the California Barbering and Cosmetology Act; or (b) a practitioner of the healing arts, under Division 2 of the California Business and Professions Code (Business and Professions Code, § 500 et seq.).

Museums. (Institutional) Facilities displaying or preserving objects of interest in history, arts, humanities or sciences, including related educational programs, that are open to the public.

Mushroom Farms. (Agricultural) Establishments primarily used for the cultivation and subsequent distribution and sale of mushrooms. [Criteria/Findings § 4.10.220]

Nonprofit Institutions. (Institutional) Facilities providing direct programs or services to the community on a not-for-profit basis. This classification includes, but is not limited to, quasi-public facilities such as food banks, blood banks, private libraries, community centers, community-serving organizations (such as a YMCA or YWCA), and other charitable and philanthropic institutions. May also include Emergency Shelters: Small Scale, as ancillary uses. [Criteria/Findings § 4.10.230]

Nurseries. (Commercial) Sale and cultivation of ornamental trees, shrubs, and plants, including incidental sale or rental of garden and landscape materials and equipment. All uses within this classification shall fit within one of the following subcategories:

1.

Retail. Sale of plants and related materials primarily and directly to members of the public, including retail sale of locally grown plants.

2.

Wholesale. Sale of plants on a wholesale basis primarily and directly to retailers or landscape contractors, with less than 20 percent of transactions to the general public.

Offices. (Commercial) Facilities used for offices of firms or organizations providing professional, executive, management, or administrative services or offices for physicians, dentists, or chiropractors, including laboratories incidental to the medical use. This classification excludes home offices that meet the criteria for "Home Occupations."

Oil and Gas Extraction. (Resource Extraction) The drilling for and production of oil, natural gas and other hydrocarbon substances from the ground and the temporary on-site storage of such substances.

Parking Services and Facilities. (Commercial) Parking lots or multilevel parking structures.

Personal Services. (Commercial) Services and incidental sales of a personal nature, including, but not limited to, beauty salons, barber shops, music and dance instruction studios, and diet centers. This classification excludes massage establishments (see Massage Establishments).

Petroleum Products Distribution. (Industrial) Bulk distribution of gasoline, oil, natural gas, propane, or other petroleum or fuel products. Does not include service stations (see Automotive Sales and Services: Service Stations).

Poultry and Egg Farms—Commercial. (Agricultural) Establishments where fowl are raised or kept in confined areas or facilities for the primary purpose of commercial distribution or sale of birds or eggs. [Criteria/Findings § 4.10.240]

Radio-Controlled Model Aircraft Facilities. (Recreational) Landing strips and associated facilities that are administered and supervised by a recognized radio-controlled model aircraft organization for flying of propeller-driven or un-powered model aircraft meeting the Official Model Aircraft Regulations of the Academy of Model Aeronautics. [Criteria/Findings § 4.10.250]

Reception Facilities. (Commercial) Indoor or outdoor facilities used for receptions, parties, weddings, or other similar gatherings. Kitchen and dining rooms may be included. [Criteria/Findings § 4.10.260]

Recreation—Commercial. (Recreation/Commercial) This classification includes, but is not limited to, active commercial recreation uses such as a bowling alley, paintball, skating rink, rock climbing, and video and amusement arcade.

Recreational Playgrounds and Sports Fields. (Recreational) Sports fields and play areas operated by a nonprofit recreational organization. [Criteria/Findings § 4.10.270]

Recreational Vehicle Parks. (Recreational) Facilities providing spaces for recreational vehicles as defined in California Health and Safety Code Section 18010 and providing electric, water, and sanitary hookups for each recreational vehicle. Recreational Vehicle Parks may also include ancillary facilities that provide services to onsite recreational vehicles, such as a manager's and/or caretaker's unit, office, retail sales,

Recreational) Facilities providing spaces for recreational vehicles as defined in California Health and Safety Code Section 18010 and providing electric, water, and sanitary hookups for each recreational vehicle. Recreational Vehicle Parks may also include ancillary facilities that provide services to onsite recreational vehicles, such as a manager's and/or caretaker's unit, office, retail sales,

shared bathroom facilities, small recreational facilities, picnic tables, storage lockers, and cooking areas. This use classification applies to Recreational Vehicle Parks for which the owner has not obtained an exemption from the short-term stay requirements from the County. [Criteria/Findings § 4.10.280]

Recycling Facilities. (Industrial) Facilities for the collection, handling, and recycling of previously used materials or manufacturing by-products as raw materials or finished products. All uses within this classification shall fit within one of the following subcategories:

1.

Collection Facilities—Consumer Recycling. Collection facilities for recycling of cans, bottles, plastic, paper, and other recyclable items and materials. Includes facilities certified by the State Department of Conservation and meeting the requirements of the California Beverage Container Recycling and Litter 39 Santa Clara County Zoning Ordinance Chapter 2.10: Definitions: Use Classifications Rev: March 2020 Reduction Act of 1986 and any other applicable state laws. Includes reverse vending machines. [Criteria/Findings § 4.10.285]

2.

Recycling/Processing Facilities—Consumer Waste. Recycling, storage, and reprocessing of consumer waste certified by the State Department of Conservation and meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 and any other applicable state laws.

3.

Concrete, Asphalt, and Soil Recycling. Crushing, recycling, storage, and reprocessing of concrete, asphalt, and soil. This classification does not include storage of topsoil as part of an approved quarry reclamation plan. May be conditioned or limited in terms of days and hours of operation, vehicle access, types of materials to be recycled or stored onsite, size and location of processing equipment and storage areas,

construction or improvement of roads, surety bonds, or other matters. Such limitations or restrictions may be based on location and characteristics of the site, including parcel size, level of traffic, adjoining uses and environmental setting.

4.

Composting and Wood Recycling. Composting, reduction, and recycling of vegetation, wood, and other non-hazardous organic wastes, including food wastes. This classification does not include composting or other treatment of sludge materials from sewage treatment plants.

5.

Hazardous Materials Recycling. Recycling operations involving processing of chemicals or other hazardous materials.

Religious Institutions. (Institutional) Facilities for religious worship and incidental accessory uses. This classification includes churches, synagogues, mosques, temples and similar places of worship. May also include Emergency Shelters: Small Scale, as ancillary uses. Excludes monasteries and convents as primary uses (see Residential—Communal Institutional). [Criteria/Findings § 4.10.290]

Restaurants and Bars. (Commercial) Establishments serving prepared food and beverages (see Food Preparation and Catering for establishments where less than 25 percent of transactions are sales of food prepared for on-site consumption). All uses within this classification shall fit within one of the following subcategories:

1.

Limited-Service Eating Places. Establishments that primarily serve prepared food to the general public for on-site consumption with no sales or consumption of alcoholic beverages.

2.

Full-Service Eating Places. Establishments that serve prepared food where any alcoholic beverage may be sold and/or served to the patrons.

3.

Drinking Places. Establishments known as bars, taverns, night clubs or drinking places that primarily engage in preparing and serving alcoholic beverages to the general public for on-site consumption. These establishments may also provide limited food services.

Retail Sales and Services. (Commercial) Establishments engaged in retail sale of goods or provision of services. This classification includes, but is not limited to, food and beverage sales (such as grocery stores, liquor stores and delicatessens), convenience stores, clothing stores, automobile parts stores, hardware and home improvement stores, specialty stores, retail printing and office services, picture framing, laundromats, and retail dry cleaning establishments. Does not include automobile service stations, agricultural sales, or any other uses separately classified. All uses within this classification shall fit within one of the following subcategories:

1.

Local-Serving. Establishments that primarily serve surrounding neighborhoods, that are operated completely within an enclosed building, and whose floor area does not exceed 1,200 square feet. [Criteria/Findings § 4.10.310]

2.

General. Establishments that are oriented to a customer base beyond local residents and that are operated within an enclosed building, or which are larger than 1,200 square feet.

3.

Outdoor Sales and Storage. Retail establishments that involve outdoor storage of merchandise, including, but not limited to, building materials, monument sales, and wood sales. Does not include automobile sales (see Automotive Sales and Services: Automobile Sales).

Rodeos and Equestrian Events. (Commercial) Any activity where spectators pay to view the exhibition or competition of the traditional skills of cowboys, such as riding of rough stock, roping and timed events, and equestrian events including handling, competition and exhibition of horses. [Criteria/Findings § 4.10.320]

Schools. (Institutional) Facilities for primary or secondary education, including elementary, middle, and high schools. Does not include public school district facilities that meet all criteria for exemption from zoning regulations, pursuant to state law, and does not include uses classified as "Colleges and Vocational Schools." [Criteria/Findings § 4.10.330]

Solar Energy Conversion Systems—Commercial. (Infrastructure) Facilities used for the conversion of solar energy for the commercial sale of electricity. Does not include systems that are used primarily to supply energy to an on-site residential, agricultural or other permitted use(s), and which are regulated as accessory uses (see § 4.20.020). [Criteria/Findings § 4.10.345] All uses within this classification shall fit within one of the following subcategories:

1.

Minor. Facilities covering eight acres or less and involving only minor structures other than energy conversion equipment. Structures must be 35 feet or less in height. Land coverage calculations shall include the gross land area utilized by the systems (whether enclosed or unenclosed by security fences) including all areas covered by access roadways and parking used exclusively to support the facility. Multiple facilities proposed in conjunction that cover greater than eight acres shall not meet this definition.

2.

Major. Facilities that do not meet the definition of Solar Energy Conversion Systems - Commercial - Minor.

Sport Shooting. (Recreational) Ranges and incidental facilities such as offices and training areas for outdoor target shooting, sporting clay shooting, and similar shooting activities. [Criteria/Findings § 4.10.350]

Stables—Commercial. (Commercial) Commercial facilities for the boarding, care, riding and exercising of horses, including riding rings, exercise areas and instruction facilities. [Criteria/Findings § 4.10.360]

Studios—Arts and Crafts. (Commercial) Work space for artists, including photographers, or artisans practicing fine or performing arts or applied crafts. This classification also includes sales of items produced on-site.

Surface Mining. (Resource Extraction) As defined in California Public Resources Code Section 2735 as "surface mining operations," the process of obtaining minerals, such as sand, gravel, rock, aggregate, or similar materials by removing overburden and mining directly from mineral deposits, by open pit mining of naturally exposed minerals, by use of the auger method, by dredging, and by quarrying. Also includes surface work incident to an underground mine. [Criteria/Findings § 4.10.370]

Swim and Tennis Clubs. (Recreational) Swimming pools, tennis courts, and related uses such as locker rooms, showers, and refreshment areas for members, users and their guests.

Taxidermy. (Commercial) Embalming, stuffing and mounting of animals, birds and fish.

Theaters. (Commercial) Commercial facilities devoted to showing motion pictures, or for live dramatic, dance, musical or other performance.

Timber Harvest Operations—Commercial. (Resource Extraction) The cutting and removal of commercial timber species or other solid wood forest products from timber lands for commercial purposes, together with all the preparations, work, and restoration activities incidental thereto. This classification does not include operation of a Christmas tree farm (see Agricultural Sales: Limited).

Truck and Railroad Terminals. (Infrastructure) Freight terminals for goods transported by truck or rail, with associated facilities for the loading and transfer of goods.

Truck Sales and Services. (Industrial) Facilities for repair, sales or storage of heavy-duty, commercial trucks, truck trailers and recreational vehicles. All uses within this classification shall fit within one of the following subcategories:

1.

Repair. Establishments for the repair of trucks and related equipment. The repair of light-duty trucks is classified as Automotive Services: General Repair.

2.

Sales. Establishments for the sales or leasing of trucks and related equipment. The sale of light-duty trucks is classified as Automotive Services: Sales and Rentals.

3.

Storage. Establishments for the storage of truck and related equipment. The storage of light-duty trucks is classified as Automotive Services: Storage.

Underground Mining. (Resource Extraction) The mining and extraction of subterranean mineral deposits by means of a shaft or tunnel.

Utilities and Public Facilities. (Infrastructure) Facilities operated by a public or quasi-public agency or other entity for the purpose of providing utility and infrastructure services such as water, power, sewer, or telephone. Commercial antennas are not included (see Antennas—Commercial or Wireless Telecommunication Facilities). All uses within this classification shall fit within one of the following subcategories:

1.

Minor. Un-staffed facilities involving only minor structures. Buildings, structures and other equipment may not occupy more than 800 square feet. Buildings and equipment cabinets must be 12 feet or less in height, and other structures must be 35 feet or less in height. Minor utilities include, but are not limited to, small drainage channels, water storage tanks with a capacity of 50,000 gallons or less, small sewer or water pump stations, and above- or below-ground distribution or transmission lines or pipes.

2.

Major. Utility facilities that do not meet the definition of Utilities—Minor, or that have the potential to have a significant effect on the surrounding environment. This classification includes, but is not limited to, power generating plants or substations; refuse collection, transfer, and disposal facilities; flood control or drainage facilities; water reservoirs; and water or wastewater treatment plants.

Veterinary Clinics and Hospitals. (Commercial) Establishments for medical and surgical treatment of domestic and farm animals, including animal grooming and boarding of animals receiving medical care for no more than 30 days.

Warehousing and Storage. (Commercial/Industrial) Establishments providing storage facilities as a primary commercial or industrial use. All uses within this classification shall fit within one of the following subcategories:

1.

Indoor. Includes self-storage of household goods, and storage of commercial or industrial goods prior to their distribution to wholesale and retail outlets. Incidental loading facilities and management offices are included.

2.

Outdoor. Storage of commercial or industrial goods on open lots, outside of enclosed buildings, prior to distribution to wholesale and retail outlets.

Well-Drilling Operations. (Commercial) Establishments providing well-drilling services, including incidental on-site storage of equipment and machinery.

Wholesaling and Distribution. (Commercial) Indoor storage and distribution of merchandise, packages, and bulk goods. This classification includes parcel delivery services, mail-order sales, importing and sale of imported goods, and wholesale distribution. Associated activities such as packaging and crating are also permitted. For wholesaling without stock, see Business Services.

Wind Energy Conversion Systems—Commercial. (Infrastructure) Commercial facilities for the conversion of wind energy to electricity. Does not include "small wind energy systems" as defined in Government Code § 65894 that are used primarily to supply energy to an on-site residential, agricultural or other permitted use(s) with a maximum rated capacity of 50 kilowatts, and which are regulated as accessory uses (see § 4.20.020). [Criteria/Findings § 4.10.390]

Wineries. (Industrial) Facilities for the production of wine from fruit or fruit juices through fermentation, that are subject a Type 02 license by the California Department of Alcoholic Beverage Control. Wineries shall be entitled to all uses and activities provided under the Type 02 license. May also include ancillary distilling of wine to produce brandy or similar distilled spirit.

Such facilities may include related storage, blending and bottling activities, as well as administrative offices, marketing, tours, public tasting, wholesale and retail sales of wine. May include outdoor areas for picnics, gatherings and other activities incidental to winetasting. Incidental sale of marketing products and accessories related to the winery's brand identity, wine drinking, food pairing, local agriculture and local history is also permitted.

All uses within this classification shall fit within one of the following subcategories:

1.

Small-Scale. Operations whose production does not exceed 10,000 cases per year, or volume equivalent (i.e. 90,000 liters). May include limited public gatherings and promotional events that are provided in Section 4.10.395 as allowed by right.

2.

Medium-Scale. Includes any of the following:

a.

Operations whose production exceeds 10,000 cases per year, or volume equivalent (i.e. 90,000 liters).

b.

Operations that include "Medium Events," as provided in subsection 4.10.395(A)(2)(b).

Excludes such operations that include "Large Events" (see "Large-Scale).

3.

Large-Scale. Operations that include "Large Events," as provided in subsection 4.10.395(A)(2)(c).

Wireless Telecommunications Facilities. (Infrastructure) Facilities supporting equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services as further defined under state and federal laws and regulations. Does not include uses classified as Antennas - Commercial. [Criteria/Findings § 4.10.400].

Collocation/Modification—Minor. The placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a legally established and operating utility tower, utility structure of any kind, or existing wireless telecommunications collocation facility that meets at least one of the following:

a.

Eligible Facilities Request (47 U.S.C. § 1455(a)). The collocation of new wireless transmission equipment or the removal or replacement of wireless transmission equipment that does not constitute a "substantial change" as defined in 47 C.F.R. § 1.40001(b)(7).

b.

The collocation of new wireless transmission equipment or the removal or replacement of wireless transmission equipment meets all requirements for nondiscretionary review under Government Code § 65850.6(b), including, but not limited to, the following:

(i)

The facility was previously approved pursuant to a discretionary permit issued on or after January 1, 2007, and either a negative declaration, mitigated negative declaration, or environmental impact report was prepared and adopted in compliance with the California Environmental Quality Act.

(ii)

The collocation or modification is consistent with the approved plans, mitigation requirements, and conditions imposed on the existing facility.

(iii)

The proposed collocation or modification complies with all County requirements for wireless telecommunications collocation facilities, and all applicable building codes and other structural and safety codes in Title C of this Code.

2.

Colocation/Modification—Major. Collocation, removal or replacement (including a complete facility replacement), or other modification that effectuates a substantial change in the physical dimensions or characteristics of an existing wireless telecommunications facility and does not qualify as a Collocation Facility—Minor.

3.

New facilities. Any new wireless transmission facility, tower, equipment, or base station, including relocation of an existing facility.

(Ord. No. NS-1200.317, § 1, 6-8-04; Ord. No. NS-1200.318, § 2, 3-28-06; Ord. No. NS-1200.324, § 3, 5-509; Ord. No. NS-1200.327, § 5, 2-9-10; Ord. No. NS-1200.329, § 1, 9-28-10; Ord. No. NS-1200.331, § 1, 11-9-10; Ord. No. NS-1200.333, § 1, 5-1-12; Ord. No. NS-1200.335, § 2, 12-4-12; Ord. No. NS-1200.337, §

3, 12-18-12; Ord. No. NS-1200.340, § 1, 11-26-13; Ord. No. NS-1200.345, §§ 2, 3, 6-10-14; Ord. No. NS1200.347, § 1, 8-5-14; Ord. No. NS-1200.343, § 1, 2-10-15; Ord. No. NS-1200.349, § 3, 4-7-15; Ord. No. NS-1200.352, § 1, 9-29-15; Ord. No. NS-1200.354, § 1, 9-29-15; Ord. No. NS-1200.355, § 1, 4-26-16; Ord. No. NS-1200.366, § 1, 5-1-18; Ord. No. NS-1200.367, § 4, 6-19-18; Ord. No. NS-1200.370, § 1, 1-29-19; Ord. No. NS-1200.373, § 1, 8-25-20; Ord. No. NS-1200.378, § 2, 5-25-21)