§ 26-04

This article provides definitions of terms and phrases used in the zoning ordinance that are technical or specialized, or which may not reflect common usage. Uses are defined separately in Chapter 26, within the use standards articles. If any of the definitions in this article conflict with others in this chapter or elsewhere in the county code, these definitions shall control for only the provisions of this zoning ordinance. If a word is not defined in this chapter or in other chapters of the zoning ordinance, the director shall determine the appropriate definition.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

A.

"A" Terms.

Accessory Dwelling Unit (ADU). See Section 26-24-020 for definition and development standards.

Accessory Renewable Energy System. An on-site renewable energy system, including but not limited to wind, bioenergy, solar, low-temperature geothermal heating systems, geothermal heat pump systems, and fuel cells and combinations thereof, where the energy generated is used primarily to meet the energy demands of the lawful use on the property where the system is located.

Accessory Structure, Residential. A structure, which is accessory to and incidental to a dwelling on the same lot.

Accessory Structure, Agricultural. A structure, primarily used in support of agricultural operations and which is located on the same lot as the agricultural operation.

Accessory Use. A use of land or a building that is related to and subordinate to the primary use of the land or building located on the same lot. (Compare with "secondary use")

Administrative Citation. A written citation on a form approved by the director, issued to any person or entity responsible for creating or allowing a violation of the provisions of the county code, when the agent of the county determines that a violation has occurred.

Affordable Housing. Affordable ownership or affordable rental housing as defined in this article.

Affordable Housing Agreement. A contract with the county executed by the developer of a residential project that limits the sales price and/or monthly rent of specified dwelling units within the project, establishes a time period during which the specified units shall continue to be sold and/or rented at affordable prices, and which may contain administrative, enforcement or other provisions to ensure that the specified units are sold and/or rented to targeted households at affordable sales prices and/or monthly rent over the entire term of the agreement.

Affordable Housing Project. A project that is granted a density bonus in exchange for the provision of affordable ownership housing, or affordable rental housing, which affordable housing, or a portion thereof, is subject to an affordable housing agreement pursuant to Section 26.89.100.

Affordable Housing Unit, Restricted. A unit of affordable rental or affordable ownership housing that is subject to an affordable housing agreement recorded and maintained in accordance with Sections 26.89.080 (ownership unit occupancy and long-term restrictions) and 26.89.090 (rental unit occupancy and long-term restrictions).

Affordable Ownership Housing. Home ownership housing for which the monthly housing costs (principal and interest payment on a thirty-year, fixed-rate, fully amortized first mortgage, homeowners insurance, property taxes, and, as applicable, homeowners association dues and private mortgage insurance) do not exceed thirty percent (30%) of the maximum allowable income as established by the U.S. Department of Housing and Urban Development for extremely low-, very low-, low-, and moderate-income households, adjusted for household size; assuming that household size will equal the number of bedrooms contained within the unit, plus one (1).

Affordable Rental Housing. Rental housing for which the monthly housing costs (rent plus tenant-paid utilities) do not exceed thirty percent (30%) of sixty percent (60%) of median area income as established by the U.S. Department of Housing and Urban Development (HUD) for a low-income household, adjusted for household size, and, not more than thirty percent (30%) of fifty percent (50%) of HUD median area income for a very low-income household, adjusted for household size, and not more than thirty percent (30%) of thirty percent (30%) of HUD median area income for an extremely low-income household, adjusted for household size, assuming that the household size will equal the number of bedrooms contained within the unit, plus one (1).

Agent of the County. Any county employee or authorized representative of the County, or a designated county contractor, charged with the authority to implement or enforce any provision of the county code.

Agency having jurisdiction. The agency having delegated authority to adopt, determine, mandate or enforce ordinances and regulatory requirements established by the county of Sonoma and other jurisdictional governing bodies.

Agricultural Crop. Any cultivated crop grown and harvested for commercial purposes, except for cannabis and other controlled substances, which are defined and classified separately.

Agricultural Employee. A person employed in the operation of an agricultural enterprise.

16.1.

Agricultural Employee Housing. See Section 26-18-030 for definition and development standards.

Agricultural Enterprise. An operation of a property owner/operator that derives their primary and principal income from the production of agricultural commodities for commercial purposes, including but not limited to the following: growing of crops or horticultural commodities; breeding and raising of livestock, poultry, bees, furbearing animals, horses; agricultural processing; and preparation of commodities for market. An agricultural enterprise excludes boarding of horses, forestry and lumbering operations, and commercial transportation of prepared products to market.

Agricultural Lands. Land designated in the general plan within an agricultural land use category.

Agricultural Processing. The act of changing an agricultural product from its natural state to a different form, as grapes to wine, apples to juice or sauce, agricultural crops to extracted oils, etc.

Agricultural Production. Production of food, fiber and plant materials, including, but not limited to, growing, harvesting, crop storage and milking, etc., but not including agricultural support services, processing and visitor-serving uses.

20.1.

Agricultural Support Services. See Section 26-18-050 for definition and development standards.

20.2.

Airfields and Landing Strips: Agricultural or Personal. See Section 26-030-020 for definition and development standards.

20.3.

Airfields and Landing Strips: Restricted Use. See Section 26-30-030 for definition and development standards.

20.4.

Alcoholic Beverage Sales. See Section 26-26-020 for definition and development standards.

20.5.

Animal Keeping: Beekeeping. See Section 26-18-060 for definition and development standards.

20.6.

Animal Keeping: Confined Farm Animals. See Section 26-18-070 for definition and development standards.

20.7.

Animal Keeping: Farm Animals. See Section 26-18-080 for definition and development standards.

20.8.

Animal Product Processing. See Section 26-20-020 for definition and development standards.

Antenna. The transmitting and/or receiving device, including wires, rods, discs, or similar devices, that transmits or receives electromagnetic signals.

Antenna, Vertical. A vertical type antenna with no horizontal components other than a small radial element at its base.

22.5.

Applicant - Cannabis. A person that is applying for a permit to engage in commercial cannabis activity pursuant to this chapter.

22.6.

Aquaculture. See Section 26-18-110 for definition and development standards.

Arboreal Value. A mathematical evaluation of the arboreal component of a site for the purposes of establishing a plan for tree preservation.

Attached Commercial Telecommunication Facility. A commercial telecommunication antenna which is affixed, fastened, or joined to a residence, business, or similar structure, other than another telecommunication facility, and which does not include a tower.

Applicant. Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks county permits and approvals.

B.

"B" Terms.

Banks and Financial Institutions. See Section 26-28-030 for definition and development standards.

1.5.

Bar, Tavern, Nightclub. See Section 26-26-030 for definition and development standards.

1.6.

Base Unit. A dwelling unit allowed on a site by the applicable zoning district, but not including an accessory dwelling unit, farmworker housing, farm family unit, agricultural employee housing, or density bonus unit.

Biodiesel. A liquid fuel intended for consumption by compression ignition engines that is produced by chemical modification of plant oil, animal fat, or algae feedstock. Production involves reacting the feedstock with an alcohol such as ethanol in the presence of a catalyst.

Bioenergy. Renewable energy made available from materials derived from feedstocks that consist of recently living organisms or their metabolic by- products from sources such as farming, forestry, and biodegradable industrial and municipal waste.

Biosolids. Sewage sludge that has been treated, tested and shown to be capable of being used beneficially as a soil amendment for agricultural, silvicultural, horticultural, and land reclamation activities.

Biotic Resources. Unique or significant plant or animal communities including estuaries, fresh and salt water marshes, tideland resources, riparian corridors and certain terrestrial communities as set forth in the general plan.

Base Zoning District. The primary zoning, as distinguished from a combining zone, that applies to a parcel of land as shown on the zoning map.

Board. The Sonoma County Board of Supervisors.

Building. See "structure."

8.5.

Building and Landscape Materials Sales. See Section 26-26-040 for definition and development standards.

Building, Accessory. A subordinate building, the use of which is incidental to that of the main building on the same lot or building site.

Building Coverage. The percentage of total lot area covered by structures, provided that pavement, driveways, uncovered decks less than thirty inches (30″) in height, and roof overhangs less than two feet (2′) wide may be excluded.

Building Envelope. A defined location or locations on a lot.

Building, Main. A building in which is conducted the principal use of the lot or building site on which it is situated.

Building Site Area. An area of land which may be smaller than a recorded lot or parcel occupied or to be occupied by a main building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open areas as are required by the terms of this chapter.

Building Permit. A permit issued in compliance with the county code to allow construction of a structure or other physical improvement.

Business Area. Property contiguous to a highway that (a) upon one (1) side of which highway, for a distance of six hundred feet (600′), fifty percent (50%) or more of the contiguous property fronting thereon is occupied by a permanent business use, or (b) upon both sides of which highway, collectively, for a distance of three hundred feet (300′), fifty percent (50%) or more of the contiguous property fronting thereon is so occupied. A business area may be longer than the distances specified in this section if the above ratio of land in use for business to the length of the highway exists.

15.5.

Business Support Services. See Section 26-28-040 for definition and development standards.

By Right. A land use, structure, or activity allowed if it complies with applicable zoning ordinance requirements and no discretionary approval is required.

C.

"C" Terms.

California Environmental Quality Act (CEQA). California State law (Public Resources Code Section 2100 et seq.) requiring government agencies to consider the environmental consequences of their actions before taking action on a proposed project.

1.5.

Camp, Organized. See Section 26-22-020 for definition and development standards.

1.6.

Campgrounds. See Section 26-22-030 for definition and development standards.

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis is classified as an agricultural product separately from other agricultural crops.

Cannabis Business Owner. A person with an aggregate ownership interest of twenty percent (20%) or more in the person applying for a permit, unless the interest is solely a security, lien, or encumbrance; the chief executive officer of a nonprofit or other entity; a member of the board of directors of a nonprofit; the trustee(s) and all persons that have control of the trust and/or the commercial cannabis business that is held in trust; and/or an individual who will be participating in the direction, control, or management of the person applying for a permit.

Cannabis Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Cannabis Cultivation Area. The total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.

Cannabis Cultivation - Indoor. Cannabis cultivation within any type of structure using exclusively artificial lighting.

Cannabis Cultivation - Mixed-Light. Cannabis cultivation in a greenhouse or other similar structure using natural light, light deprivation, and/or any combination of natural and supplemental artificial lighting.

Cannabis Cultivation Outdoor. Cannabis cultivation using no artificial lighting conducted in the ground or in containers outdoors.

Cannabis Cultivation Site. The premises where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed or where all or any combination of those activities occurs.

Cannabis Cultivation Type. The type of cultivation is classified as outdoor, indoor or mixed-light as defined herein, consistent with the state licensing scheme.

10.5.

Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer, including use by a retailer of any technology platform owned and controlled by the retailer.

Cannabis Dispensary. A facility where cannabis, cannabis products, or devices for the use of cannabis are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale.

Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products between licensees.

Cannabis License. A license issued by the state of California pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

Cannabis Licensee. Any person issued a license by the state of California under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

Cannabis Manufacturer. A person that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

Cannabis Manufacturing. All aspects of the extraction process, infusion process, and packaging and labeling processes, including preparing, holding, or storing of cannabis products. Manufacturing also includes any preparing, holding, or storing of components and ingredients.

Cannabis Medical. Any cannabis or cannabis product intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

Cannabis Operator. The individual authorized to represent the person applying for or operating pursuant to a permit authorizing any commercial cannabis activity pursuant to this chapter.

Cannabis Product. Cannabis that has undergone any process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

Cannabis Testing Laboratory. A laboratory, facility, or entity in the state of California that offers or performs tests of cannabis or cannabis products.

Cannabis Transport. The physical movement of cannabis or cannabis products from one (1) licensed premises to another licensed premises.

21.5.

Caretaker Dwelling. See Section 26-24-080 for definition and development standards.

Carport. An accessible and usable covered space not less than ten feet (10′) by twenty feet (20′) open on two (2) or more sides for the storage of automobiles.

22.5.

Cemetery. See Section 26-28-050 for definition and development standards.

Certified Arborist. Any person who has current certificate from the International Society of Arboriculture.

23.5.

Civic institution. See Section 26-22-040 for definition and development standards.

Co-Generation. The successive production of electrical or mechanical energy and useful heat energy.

Co-Located Telecommunication Facility. A telecommunication facility which is comprised of a single tower containing a combination of antennas owned or operated by more than one (1) public or private entity.

Combining District. A district whose Regulation may supplement any other district except another combining district; for example, "RR" combined with "SR" (RR SR) adds the requirements of the scenic resource combining district.

26.1.

Commercial Cannabis Activity. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

26.2.

Commercial Horse Facilities and Stables. See Section 26-28-060 for definition and development standards.

26.3.

Commercial Kennel. See Section 26-28-070 for definition and development standards.

Commercial Renewable Energy Facility. An energy generation facility using renewable fuel sources, including but not limited to wind, bioenergy, solar, geothermal, and fuel cells and combinations thereof, where the energy generated is used to meet off-site energy needs. Commercial renewable energy facilities are subject to the general development standards set forth in Section 26-88- 200(b) as well as any applicable special use regulation.

Community Choice Aggregator (CCA). As defined in Public Utilities Code Section 331.1 refers to any of the following entities, if that entity is not within the jurisdiction of a local publicly owned electric utility that provided electrical service as of January 1, 2003: any city, county, or city and county whose governing board elects to combine the loads of its residents, businesses, and municipal facilities in a communitywide electricity buyers' program or any group of cities,

counties, or cities and counties whose governing boards have elected to combine the loads of their programs, through the formation of a joint powers agency established under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

28.5.

Community Meeting Facilities. See Section 26-22-050 for definition and development standards.

Community Supported Agriculture. A system by which people purchase, typically through monthly subscription, a share from a local farm and periodically receive fresh produce or other agricultural products produced or processed on site.

Companion Animals. Animals normally maintained in a home as pets.

Composting. The controlled or uncontrolled biological decomposition of organic wastes.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, commercial or industrial building on such property (See Civil Code Section 783.) A condominium may also include a separate interest in other parts of the real property. For purposes of this chapter, and to the extent reasonably feasible, the term condominium apartment building and a stock cooperative, as each are defined by Sections 1103-4 of the Business and Professions Code. The creation of two (2) or more condominiums may be termed a condominium project.

Condominium Conversion. The subdivision of real property containing an apartment building or buildings or dwelling group into a condominium project, a planned unit development project, a community apartment project, or a stock cooperative project.

33.5.

Congregate Housing. See Section 26-24-090 for definition and development standards.

Contiguous Riparian Vegetation. Riparian vegetation that is physically touching or adjacent, and not separated by features like roads, developed land, or cropland.

34.1.

Cottage Food Operation. See Section 26-24-100 for definition and development standards.

34.2.

Cottage Housing Development. See Section 26-24-110 for definition and development standards.

34.3.

Country Club. See Section 26-22-060 for definition and development standards.

County. The unincorporated portions of Sonoma County.

County Boundary. The boundary of the county, or the boundary of any city in the county.

Cropland. Land devoted to the production of agricultural crops.

Cultural Events. See "periodic special events."

D.

"D" Terms.

Damage to a protected tree. Significant injury to the root system or other parts of a tree including burning, application of toxic substances, damaging through contact with equipment or machinery or compacting the soil within the dripline, changing the natural grade, interfering with the normal water requirements of the tree, trenching or excavating within the dripline, or removing more than one-third of the live wood.

1.5.

Day Care Center. See Section 26-28-080 for definition and development standards.

Decision maker. The director, the design review committee, the zoning administrator, the planning commission, or the board of supervisors, as appropriate.

Density Bonus. A density increase allowed pursuant to Section 26.89.050 (density bonus programs) over the otherwise maximum allowable residential density permitted in the applicable zoning district. (See "residential density.")

Density Bonus Unit. A dwelling unit allowed in a project by the County in addition to base units pursuant to Section 26.89.050 (density bonus programs).

Department. The Sonoma County Permit and Resource Management Department.

Designated Stream. A river or stream mapped or identified in the Open Space and Resource Conservation Element of the general plan, or in an adopted area plan or specific plan or other adopted stream protection standards, guidelines, or mitigation measures.

Development Fee. The impact fees established by the board of supervisors for development including, but not limited to, special area development fees, countywide traffic development fee, parkland dedication fee and affordable housing in-lieu fee. Development fee does not include fees established by special districts or school districts.

Development Incentive. See "Incentive."

Development permit. A discretionary permit or approval including, but not limited to; subdivisions, use permits, precise development plans, lot line adjustments, variances, design review and zoning permits. Ministerial permits not accompanied by any other type of discretionary review or approval are exempt from this definition.

Development Standard. For purposes of Article 89 (affordable housing program requirements and incentives), a site or construction standard or condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

Diameter At Breast Height (Dbh). The average diameter of a standing live tree measured outside the bark, at breast height, a point four and one-half feet (1.37m) above the average ground level. For trees that are multi-stemmed at this height, diameter at breast height shall be calculated by measuring each stem individually and combining the results. Diameter at breast height may be calculated by measuring the circumference of a tree at breast height and dividing by 3.14.

Director. The Sonoma County Permit and Resource Management Director or the director's designee.

Disabled Household. A household with at least one (1) person who has a physical, developmental, or mental impairment that substantially limits one (1) or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working (Source: 24 CFR Part 8, Sec. 8.3).

Discretionary Approval. Action by the county by which individual judgement is used as a basis to approve or deny an application.

14.5.

Dispatch Facility. See Section 26-30-040 for definition and development standards.

Distributed Energy System or Facility. A small-scale electricity generation system or facility that is interconnected to the distribution network. Distributed energy systems primarily serve on-site uses, while distributed energy generation facilities generate power for both on- and off-site power needs.

District. See "zoning district."

Drip Line. The area identified by extending a vertical line from the outermost portion of the limb canopy to the ground with its axis parallel to the trunk.

Dwelling Group. A group of two (2) or more detached or semi-detached, one (1) family duplex or multiple dwellings situated upon a permanent foundation, occupying a parcel of land having any yard, court or area in common.

Dwelling Unit. See "Residential - dwelling unit."

E.

"E" Terms.

Education Institutions: Colleges and Universities. See Section 26-22-070 for definition and development standards.

1.1.

Education Institutions: Elementary and Secondary schools. See Section 26-22-080 for definition and development standards.

1.2.

Education Institutions: Specialized Education and Training. See Section 26-22-090 for definition and development standards.