§ 1.20

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)

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)

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.