§ 2.10

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.

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)